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City Clerk's Office Item # R2
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: October 28, 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 PUEBLO MUNICIPAL CODE ON
ALCOHOL BEVERAGES, REVISING 11-3-1 THROUGH 11-3-13, 11-3-
15, 11-3-26, 11-3-41, 11-3-43 THROUGH 11-3-46, 11-3-50 THROUGH
11-3-52, 11-3-61 THROUGH 11-3-63, 11-3-72, AND 11-3-74 THROUGH
11-3-78
SUMMARY:
Attached for consideration is a modification to the liquor and beer license procedure
authorizing the appointment of an administrative hearing officer for liquor licensing
matters. This move would serve to allow for more efficiency in the review of liquor
licenses, simplify the process, prevent canceled meetings that delay the timelines of
approval, allow for more flexibility in the hearing schedule, reduce the staff time
necessary for onboarding and board appointments, result in better timing for liquor
licensees, and allow for more knowledge in the liquor laws and legal processes and
procedure.
PREVIOUS COUNCIL ACTION:
In 1973, Ord. No. 3656 established 11-3-5 through 11-3-11 the Licensing Authority and
Board section of the Pueblo Municipal Code. Those ordinances have been modified
several times since the most recent in 2022 which authorized the City Clerk to
administratively process certain applications and/or in certain situations.
ORDINANCE NO.10821
AN ORDINANCE AMENDING PUEBLO MUNICIPAL CODE
ON ALCOHOLIC BEVERAGES, REVISING 11-3-1
THROUGH 11-3-13, 11-3-15, 11-3-26, 11-3-41, 11-3-43
THROUGH 11-3-46, 11-3-50 THROUGH 11-3-52, 11-3-61
THROUGH 11-3-63, 11-3-72, AND 11-3-74 THROUGH 11-3-
78
WHEREAS, The City of Pueblo is a home rule municipality operating under a
charter adopted pursuant to Article XX of the Colorado Constitution and vested with the
authority by that article and the Colorado Revised Statutes to adopt ordinances for the
regulation of land use and protection of the public health, safety and welfare; and
WHEREAS, in the exercise of this authority, the City Council has previously
enacted Chapter 3, of Title XI of the Pueblo Municipal Code, concerning Alcoholic
Beverages; and
WHEREAS, in order to ensure that the needs of the local business community to
have prompt action on liquor licenses are met, the Council finds it is beneficial to
provide for an administrative hearing officer to conduct liquor licensing actions to
provide for the timely processing of liquor licensing matters; and
WHEREAS, an administrative hearing officer would have a larger knowledge of
liquor laws, legal processes and procedures, and would provide more efficiency in
review of applications, more flexibility with the hearing schedule, simply the process,
allow for better timing for liquor licensees, and provide the City a cost savings in terms
of board payment and staff overtime; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Section 11-3-1 through 11-3-13, 11-3-15, 11-3-26, 11-3-41, 11-3-43 through 11-
3-46, 11-3-50 through 11-3-52, 11-3-61 through 11-3-63, 11-3-72, and 11-3-74 through
11-3-78 to the Code is amended as follows (brackets indicate matter being deleted,
underscoring indicates new matter being added):
Sec. 11-3-1. Exercise of police powers.
This Chapter shall be deemed an exercise of the police powers of the City for the
protection of the economic and social welfare, and health and peace and morals of the
people of this City, and shall further be deemed to be those other reasonable
restrictions, terms and conditions which are placed upon licenses for the sale or
dispensing of alcoholic beverages and 3.2% beer which may be granted by the \[Liquor
and Beer Licensing Board\] Administrative Hearing Officer as the Local Licensing
Authority for the City as provided in Articles 3, 4 and 5 of Title 44, C.R.S.
Sec. 11-3-2. Definitions.
(a) For the purposes of this Chapter, all words shall receive the meaning placed upon
them in Articles 3, 4 and 5 of Title 44, C.R.S., as amended.
(b) In addition thereto, the following words shall have the meanings assigned thereto:
(1) Administrative Hearing Officer or Officer shall mean an official presiding
over the administrative hearing(s) regarding liquor licensing in an
independent and impartial manner pursuant to this code, the Colorado
Revised Statutes, and the Code of Colorado Regulations.
(2) City Clerk shall mean the City Clerk of Pueblo or designated
representative.
(3) Local Licensing Authority or City Licensing Authority shall mean the \[Liquor
and Beer Licensing Board\] Administrative Hearing Officer or Officer.
(\[2\]4) Licensee shall mean any person licensed to sell or dispense malt, vinous
or spirituous liquor or fermented malt beverage, or any agent or employee of
such person.
(\[3\]5) Premises shall include all or any part of the physical boundaries of any
establishment duly licensed for the sale of beer or liquor under the provisions
of this Chapter.
(\[4\]6) Board shall mean the Liquor and Beer Licensing Board.
Sec. 11-3-3. Licensing.
\[Malt, vinous and spirituous liquor and fermented malt beverages shall be sold only
by the persons and parties licensed as provided by state law and this Code.\]
It shall be unlawful, and a class 1 municipal offense for any person within
the City to manufacture, sell, offer, serve or possess for sale any alcohol
beverages unless licensed or permitted to do so as provided by this Chapter and
the applicable provisions of C.R.S. Title 44, Articles 3, 4 and 5.
Article II Liquor and Beer Licensing Authority \[Board\]
Sec. 11-3-4. Licensing authority.
(a) \[The Liquor and Beer Licensing Board\] Administrative Hearing Officer shall be
the local licensing authority in the City for the licensing of businesses and locations
that desire to sell beer and alcoholic liquors as authorized by articles 3, 4, and 5 of
title 44, C.R.S., as amended, and the rules and regulations of the State Licensing
Authority, and shall possess all powers given to local licensing authorities by the
provisions of said statutes and rules and regulations.
(b) The City Clerk is authorized to administratively process and approve certain
matters designated by the \[Liquor and Beer Licensing Board\] Administrative
Hearing Officer, upon terms and conditions established by the \[Board\]Officer, in
accordance with articles 3, 4, and 5 of title 44, C.R.S., as same may be amended,
when there does not appear to be cause \[for the Board\] to review such matters,
and when not required by law such as requirements for public hearing(s).
Sec. 11-3-5. \[Members.\] Creation
\[(a) The Liquor and Beer Licensing Board shall consist of five (5) members to be
appointed by the Mayor, subject to Council confirmation. Four (4) members shall be
initially appointed for staggered terms expiring on the first day of August as follows:
one (1) member for a one-year term, one (1) member for a two-year term, one (1)
member for a three-year term, and two (2) members for four-year terms, or in lieu of
one (1) member for a four-year term, a member of the City Council may be
appointed for an indefinite term. Thereafter, each member shall be appointed for a
term of four (4) years. At the Board's first regular meeting in August 1978 and in
August each year thereafter, the Board shall appoint one (1) of its members to act
as Chairman of the Board. The Mayor shall make an appointment, subject to
Council confirmation, for any unexpired term in the event a vacancy arises.
(b) Any member of the Board may be removed by the Mayor for nonattendance to duty
or for cause. Any member who fails to attend three (3) consecutive meetings of the
Board shall be removed from the Board, unless the Mayor excuses any such
absences.\]
There shall be and is hereby created a Liquor Licensing Authority,
.
Sec. 11-3-6. \[Board to prescribe terms, conditions or provisions.\] Composition
and Functions
\[The Liquor and Beer Licensing Board may prescribe terms, conditions or
provisions as it may deem necessary to carry out its exercise of police powers, provided
that these terms, conditions or provisions do not conflict with the laws of the State or
rules and regulations provided by the State Licensing Authority or ordinances and
resolutions of the City.\]
(a) The Local Licensing Authority for the City shall be the Municipal Judge. As
defined in this code, Municipal Judge may include a Substitute Judge as
appointed by the Presiding Judge.
(b) The Local Licensing Authority shall have the duty and authority to grant or
deny licenses for the possession, sale and offering for sale of malt, special malt,
vinous or spiritous liquors and fermented malt beverages as provided by law, to
conduct investigations as are required by law and to levy penalties against
licensees in the manner provided by law.
(c) The Authority shall have all the powers of the Local Licensing Authority as
set forth in C.R.S. Title 44, Article 3, 4, and 5.
(d) The Authority shall have the power to promulgate rules and regulations
concerning the procedures for hearings before it and the presentation of
evidence at hearings.
(e) The Authority shall have the power to require any applicant for a license to
furnish any relevant information required by the Authority.
(f) The Authority shall have the power to administer oaths and issue
subpoenas to require the presence of persons and the production of papers,
books and records necessary to the determination of any hearing which the
Authority is authorized to conduct. It shall constitute a violation of this Code, and
a Class 1 municipal offense, for any person to fail to comply with any subpoena
issued by the Authority in the proper conduct of its hearings.
Sec. 11-3-7. Granting or denial of license.
(a) Before entering any decision approving or denying an application, the
Administrative Hearing Officer \[Liquor and Beer Licensing Board\] shall consider
the facts and evidence adduced as a result of \[its\] investigation, as well as any
other facts, the reasonable requirements of the neighborhood for the type of license
for which application has been made, the number, type and availability of liquor
outlets located in or near the neighborhood under consideration and any other
pertinent matters affecting the qualifications of the applicant for the conduct of the
type of business proposed; provided that the reasonable requirements of the
neighborhood shall not be considered in the issuance of a club liquor license. The
Administrative Hearing Officer may take into consideration any other
pertinent information as allowed by law.
(b) All hearings \[of the Liquor and Beer Licensing Board\] shall be conducted pursuant
to and in accordance with the provisions of Articles 3, 4 and 5 of Title 44, C.R.S.,
and Section 1-7-7 of this Code, and if such provisions are in conflict, the statute's
provision shall prevail.
(c) Any decision \[of the Liquor and Beer Licensing Board\] approving or denying an
application shall be in writing stating the reasons therefor and made within twenty-
eight (28) \[thirty (30)\] days after the date of the public hearing, and a copy of such
decision shall be sent by certified mail to the applicant at the address as shown in
the application.
(d) No license shall be issued \[by the Liquor and Beer Licensing Board\] after approval
of an application until the building in which the business is to be conducted is ready
for occupancy, with such furniture, fixtures and equipment in place as is necessary
to comply with the provisions of this Article, and then only after inspection of the
premises has been made to determine that the applicant has complied with the
architect's drawing and plans and specifications submitted with the application.
(e) After approval of any application, the \[Liquor and Beer Licensing Board\] City Clerk
shall notify the state licensing authority of such approval.
Sec. 11-3-8. Suspension and revocation of license.
The \[Liquor and Beer Licensing Board\] Administrative Hearing Officer shall have
the power to fine, suspend, or revoke any license issued by the Board or Officer on its
own motion or on complaint, filed in writing alleging any violation(s) by the licensee or
by any of the agents, servants or employees of such licensee of the provisions of the
Pueblo Municipal Code, the Colorado Liquor Code, the Colorado Beer Code, or any of
the rules and regulations authorized pursuant to such codes, or any of the terms,
conditions or provisions of the license issued by the Board or Officer. \[,\] A licensee
will be fined, or have a license suspended or revoked only after investigation and
public hearing at which the licensee shall be afforded an opportunity to be heard. The
calculation of fines, and fines in lieu of suspension, shall be in accordance with the
Colorado Liquor Code, Colorado Beer Code, or any of the rules and regulations
authorized pursuant to such codes, and any minimums and maximum payments set
forth therein.
(1) \[The \[Board\] Officer shall have the power to administer oaths and issue
subpoenas to require the presence of persons and the production of papers,
books and records necessary to the determination of any hearing which it is
authorized to conduct.
(2)\] Notice of fine, suspension, or revocation, as well as any required notice of a
hearing for the same, shall be given by mailing the notice in writing to the
licensee at the address contained in such license. No such suspension shall be
for a longer period than six (6) months.
(\[3\]2) Any license may be summarily suspended by the \[Board\] Officer without
notice pending any prosecution, investigation or public hearing. Nothing in this
Section shall prevent the summary suspension of such license for a temporary
period of not more than \[fifteen (15)\] fourteen (14) days.
(\[4\]3) If any license is fined, suspended, or revoked, no part of the fees paid
therefor shall be returned to the licensee.
(\[5\]4) The \[Board\] Officer shall have the power to implement the optional
procedures set forth in Section 44-3-601 of the Colorado Liquor Code, as
amended, which the City Council hereby accepts and adopts.
Sec. 11-3-9. Appeal of \[Board\] Administrative Hearing Officer decisions.
Actions taken by the \[Board\] Administrative Hearing Officer are subject to review
by the Courts pursuant to Rule 106 of the Colorado Rules of Civil Procedure. Review
must be applied for within twenty-eight (28) days after the date of decision. Any person
applying to the Court for review shall be required to pay the cost of preparing a
transcript of proceedings before the \[Board\] Officer whenever such a transcript is
demanded by the person taking the appeal or when such a transcript is furnished by the
\[Board\] Officer pursuant to the Court order.
Sec. 11-3-10. \[Quorum and majority vote.\] Hearings
\[A majority of the Liquor and Beer Licensing Board shall constitute a quorum for the
conduct of its business. All decisions of the Liquor and Beer Licensing Board shall be by
majority vote of the entire Board.\]
(a) A public hearing will be conducted for any hearing required by law which
may include all new licenses issue, hearings for suspension, revocation or other
sanction.
(b) All hearings before the Authority shall be public and shall be conducted
according to the rules and regulations concerning the procedure for hearings
promulgated by the Authority. No testimony shall be offered at a hearing unless
the same is given under oath.
(c) Public notice of hearings:
(1) The applicant shall cause to be posed the public notice required
pursuant to C.R.S. §44-3-311, for all hearings to be held on applications for the
sale of alcohol.
(2) The applicant shall provide to the City Clerk evidence of such
posting, which shall consist of a photograph of the posted sign in place together
with a signed statement evidencing posting.
Sec. 11-3-11. License applications.
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 \[Liquor and Beer Licensing Board\] Administrative
Hearing Officer. The City Clerk or their designee shall act as Secretary to the
Administrative Hearing Officer and may designate an employee as a regulatory
liquor licensing specialist or other such designation as necessary to aid Officer in
the administration of duties.
Sec. 11-3-12. 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 44-3-313(1)(d)(I), 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 granted to the City Council by the Colorado Liquor Code, the
five-hundred-foot distance limitation contained in Section 44-3-313(1)(d)(I), C.R.S.,
is hereby eliminated, provided that the elimination of this distance restriction shall
apply only to bona fide beer and wine, hotel and restaurant, tavern, brew pub, club,
arts, vintner's restaurant, and distillery pub liquor licensed businesses located
within the Downtown Business District, which shall be defined as the area
beginning at the intersection of W 13th and N Elizabeth St., east along centerline of
W 13th St. to the center of Interstate 25; thence south along the center of existing
or future Interstate 25 to the northern edge of the railroad lines at an approximate
location of 38° 15'48.369" N, 104° 36'18.691" W. Thence SW along the northern
edge of the railroad to a point on the top of the Arkansas River levee at an
approximate latitude and longitude of 38° 15'38.319" N, 104° 36'57.711" W; thence
NW along the top of the levee to an approximate location of 38° 15'50.625" N, 104°
37'11.123" W; thence NE at 43 degrees for a distance of ~2139 ft. to the centerline
of N Elizabeth St. at approximately 38° 16'4.9" N, 104° 36'51.34" W; continuing
north along the centerline of N Elizabeth St. to the point of beginning at the
intersection of W 13th St. and N Elizabeth St. (Map attached as Exhibit A.)
(c) Pursuant to authority granted to the City Council by the Colorado Liquor Code, the
five-hundred-foot distance limitation contained in Section 44-3-313(1)(d)(I), C.R.S.,
is hereby eliminated for: (1) a Hotel and Restaurant Class Liquor License to serve
the Occhiato University Center located upon the Campus of Colorado State
University-Pueblo, 2200 Bonforte Boulevard, Pueblo, CO 81001; (2) a Hotel and
Restaurant Class Liquor License to serve the Neta and Eddie DeRose
Thunderbowl located upon the Campus of Colorado State University-Pueblo, 2301
Rawlings Blvd, Pueblo, CO 81001; and (3) Hotel and Restaurant licensed
businesses located within the Thunder Village Business District, which shall be
defined as the area beginning at the intersection of Troy Avenue and future Roma
Way; thence north along the centerline of existing or future Troy Avenue to future
Stadio Way; thence west along the centerline of future Stadio Way to the eastern
boundary and property line of the parcel occupied by the landmark known as the
Thunderbowl; thence south and then west along the eastern and southern
boundaries and property lines of the parcel occupied by the landmark known as the
Thunderbowl to the eastern boundary and property line of the Campus of Colorado
State University-Pueblo; thence south along the eastern boundary and property line
of the Campus of Colorado State University-Pueblo to future Roma Way; thence
southwest along the centerline of future Roma Way to the point of beginning at the
intersection of Troy Avenue and Roma Way.
(d) Pursuant to authority granted to the City Council by the Colorado Liquor Code, the
five-hundred-foot distance limitation contained in Section 44-3-313(1)(d)(I), C.R.S.,
is hereby eliminated for a Tavern Class Liquor License to serve the College Center
Building including curtilage up to one hundred (100) feet from said building located
upon the campus of Pueblo Community College, 900 W. Orman Avenue, Pueblo,
CO 81004.
(e) Any license granted under the provisions of this Section shall also be subject to all
other applicable provisions of state and local law.
(f) The grant or denial of any application under this Section shall remain within the
authority and discretion of the \[Liquor and Beer Licensing Board\] Administrative
Hearing Officer.
Sec. 11-3-13. Optional premises licenses.
(a) The \[Board\] Administrative Hearing Officer may accept applications either for an
optional premises license or for a hotel and restaurant license with optional
premises.
(b) The specific types of outdoor sports and recreational facilities which may be
licensed hereunder shall be limited to golf courses, and such other facilities as may
be designated by ordinance.
(c) No alcoholic beverages may be served on the optional premises unless the
licensee has provided to the state and local licensing authorities at least forty-eight
(48) hours' prior written notice of the specific days and hours on which the optional
premises are to be so used.
(d) In addition to the requirements of Sections 11-3-13 through 11-3-15 herein, optional
premises applications, licenses and licensees shall be subject to all other
applicable requirements of the Colorado Liquor Code and City ordinances.
Sec. 11-3-15. Hearing required.
(a) \[The Board\] Administrative Hearing Officer shall hold a public hearing on each
application for an optional premises license or for a hotel and restaurant license
with optional premises.
(b) In addition to all other standards applicable to the issuance of licenses under the
Colorado Liquor Code, the applicant shall have the burden of justification of the
following requirements for issuance of an optional premises license:
(1) Need and desirability of the optional premises requested;
(2) Need and desirability of the number and size of service areas or facilities
requested;
(3) Adequate security and control over the optional premises by the licensee;
(4) That the health, safety and welfare of the inhabitants of the neighborhood and
the users of the outdoor sports and recreation facility will not be adversely
affected by issuance of such license.
(5) That the state licensing authority has approved the location proposed for
optional premises as required by the Colorado Liquor Code.
Sec. 11-3-26. Penalty.
Any licensee violating any of the provisions of this Chapter 3 of Title XI, \[Sections
11-3-21 to 11-3-25\], inclusive of this Article, shall, upon conviction thereof by the Pueblo
Municipal Court, be fined in a sum not less than five hundred dollars ($500.00) nor more
than one thousand dollars ($1,000.00). Any licensee violating any of the provisions of
the Pueblo Municipal Code, the Colorado Liquor Code, Colorado Beer Code, or any of
the rules and regulations authorized pursuant to such codes, inclusive of this Article,
may, upon a finding thereof by the \[Liquor and Beer Licensing Board\] Administrative
Hearing Officer, be penalized in accordance with 1 C.C.R. 203-2\[: 47-603\], as may be
amended.
Sec. 11-3-41. \[Liquor and Beer Licensing Board\] Administrative Hearing Officer;
local authority.
The \[Liquor and Beer Licensing Board\] Administrative Hearing Officer as local
authority may issue a special event permit for the sale, by the drink only, of fermented
malt beverages, as defined in Section 44-4-103, C.R.S., as amended, or the sale, by
the drink only, of malt, spirituous or vinous liquors, as defined in Section 44-3-103,
C.R.S., as amended, to organizations and political candidates qualifying under Article 5
of Title 44, C.R.S., as amended, subject to the provisions of Articles 3 and 4 of Title 44,
C.R.S., as amended, and to the limitations imposed by Article 5 of Title 44, C.R.S., as
amended.
Sec. 11-3-43. Fees.
(a) The fee for investigation and issuance of a special event permit is one hundred
dollars ($100) per permit.
(b) All such fees are payable at the time application for a special event permit is made.
\[The Liquor and Beer Licensing Board\] Administrative Hearing Officer as local
authority may require any applicant to post a performance bond to assure
compliance with the provisions of this Article.
Sec. 11-3-44. Issuance of permit; limitation.
A special event permit may not be issued to any organization for more \[than fifteen
(15) days\] events than is permissible by state law and regulations in one (1)
calendar year. The City Clerk shall access information made available on the website of
the State licensing authority to determine the statewide permitting activity of any
applicant and shall assure compliance with the limitation imposed by this Section.
Sec. 11-3-45. Denial of permit.
The \[Liquor and Beer Licensing Board\] Administrative Hearing Officer as local
authority may deny the issuance of a special event permit upon the grounds that such
issuance would be injurious to the public welfare because of the nature of the special
event, its location within the community or the failure of the applicant in a past special
event to conduct the event in compliance with applicable laws, or any other lawful
reason provided to applicant in writing within twenty-eight (28) days of denial.
Sec. 11-3-46. Forms.
Applications for a special event permit shall be made on forms provided by the
State licensing authority, and shall be verified by oath or affirmation of an officer of the
organization or of the political candidate making application. Upon approval of any
application by the \[Liquor and Beer Licensing Board\] Administrative Hearing Officer,
the permit shall issue and the approval of the State licensing authority shall not be
required. \[The City Clerk shall report to the State liquor enforcement division, within ten
(10) days after the issuance of a permit, the name of the organization to which a permit
was issued, the address of the permitted location and the permitted dates of alcohol
beverage service.\]
Article V Massage Parlors
Sec. 11-3-50. Licensing authority.
\[The Liquor and Beer Licensing Board\] The Liquor Administrative Hearing
Officer shall be the local licensing authority in the City for the licensing of massage
parlors as authorized by the Colorado Massage Parlor Code and shall possess all
powers given to local licensing authorities by the provisions of said code.
Sec. 11-3-51. Applications.
All applications and fees for massage parlors shall be filed with the City Clerk
together with such other information and documents as may be required by the \[Liquor
and Beer Licensing Board\] Liquor Administrative Hearing Officer.
Sec. 11-3-52. Hearings.
All proceedings and hearings of the \[Liquor and Beer Licensing Board\] Liquor
Administrative Hearing Officer relating to massage parlors shall be conducted to and
in accordance with the Colorado Revised Statutes \[Colorado Massage Parlor Code\] and
Section 1-7-7 of this Code; and if such provisions are in conflict, the Colorado Massage
Parlor Code shall control. No massage parlor license shall be granted unless approved
by \[a majority of the entire Board\] the Officer.
Sec. 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 \[Liquor and Beer Licensing Board\] Administrative
Hearing Officer and subject to the limitations set forth in this Article and Section 44-3-
301(10), C.R.S.
Sec. 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 \[Liquor
and Beer Licensing Board\] Administrative Hearing Officer no later than thirty (30)
days prior to the date of the first alcohol beverage tasting 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:
(1) 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 \[Liquor and Beer Licensing Board\] Administrative
Hearing Officer, the licensee may amend such schedule by delivering to the
\[Liquor and Beer Licensing Board\] City Clerk, 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 \[Liquor and Beer Licensing Board\]
Administrative Hearing Officer reasonably necessary to ensure compliance
with the requirements of this Article and Section 44-3-301(10), C.R.S.
Sec. 11-3-63. Decision on application.
(a) The \[Liquor and Beer Licensing Board\] Administrative Hearing Officer may deny
an application for issuance of an alcohol beverage tastings permit upon the
following grounds:
(1) The applicant has failed to establish that the applicant is able to conduct
alcohol beverage tastings in compliance with this Article or Section 44-3-
301(10), C.R.S.;
(2) The alcohol beverage tastings requested by applicant create or threaten 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 preceding the date of the application.
(b) If an application for an alcohol beverage tastings permit is denied, the \[Liquor and
Beer Licensing Board\] Administrative Hearing Officer 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 \[Liquor
and Beer Licensing Board\] Officer within \[fifteen (15)\] fourteen (14) days after the
date of notice.
Sec. 11-3-72. Authority of the \[Liquor and Beer Licensing Board\] Administrative
Hearing Officer and the City Clerk.
(a) The \[Liquor and Beer Licensing Board\] Administrative Hearing Officer is hereby
authorized to: (i) certify and decertify promotional associations; (ii) designate the
location, size, security, and hours of operation of common consumption areas; (iii)
conduct hearings on violations of state and local liquor laws and impose penalties
consistent with the provisions of this Chapter; (iv) allow attachment of licensed
premises to common consumption areas consistent with this Section and the
provisions included herein; and (v) take all other necessary actions consistent with
the Colorado Liquor Code and this Chapter for the creation and regulation of
entertainment districts, promotional associations, and common consumption areas.
(b) The \[Liquor and Beer Licensing Board\] Administrative Hearing Officer shall have
the authority to impose additional reasonable conditions on the certification of
promotional associations, the licensing of common consumption areas and the
attachment of licensed premises to common consumption areas, not inconsistent
with the Colorado Liquor Code.
(c) The City Clerk may adopt rules as reasonably necessary to implement the
provisions of this Article.
Sec. 11-3-74. Application for certifying a promotional association and
establishing a common consumption area; notice; hearing.
(a) An application form for certifying a promotional association and establishing a
common consumption area shall be available at the City Clerk's Office or on the
City's website. No application will be considered by the \[Liquor and Beer Licensing
Board\] Administrative Hearing Officer until the completed application, applicable
fee, and all attachments are submitted.
(b) In addition to the requirements of C.R.S. § 44-3-301(11), as amended, the
promotional association seeking certification by the \[Liquor and Beer Licensing
Board\] Administrative Hearing Officer shall be required to submit:
(1) A copy of the articles of incorporation and bylaws and a list of all directors and
officers of the promotional association. A representative of each licensed
premises attached to the common consumption area shall serve as one (1) of
the directors on the board of the promotional association. At least two (2) liquor
licensed premises must be attached to a common consumption area;
(2) A list containing the names, addresses, and license types of all liquor licensed
businesses that will be applying for attachment to the common consumption
area which are known at the time of application for certification;
(3) A list of the names and addresses of all non-liquor licensed business which will
fall entirely within, will fall partially in, or be immediately adjacent to the
common consumption area; along with evidence that the applicant association
has either mailed or personally served such businesses with a copy of the
notice required in this section;
(4) A detailed map of the common consumption area, including location of physical
barriers, entrances and exits, location of attached licensed premises,
identification of licensed premises that are adjacent but not to be attached to
the common consumption area, and approximate location of security
personnel;
(5) A detailed description of the security arrangements, the approximate number of
security personnel and the approximate location of security personnel within
the common consumption area. Security arrangements shall include physical
barriers to close the common consumption area to vehicular traffic and limit
pedestrian access.
(6) A detailed health and sanitation plan including but not limited to plans for trash
collection and disposal, location of available bathrooms and porta-potties, a
description of how the area will be kept clean during the hours of operation of
the common consumption area, and a description of how the area will be
cleaned up at the end of the hours of operation of the common consumption
area.
(7) A list of dates and hours of operation of the common consumption area for the
upcoming calendar year;
(8) Documentation showing permission to use all portions of the common
consumption area for all dates the common consumption area will be in use.
Such documentation need only cover the period from the date of application
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through January 31of the following year.
(9) An insurance certificate of general liability and liquor liability insurance naming
the City as an additional insured in a minimum amount of one million dollars
($1,000,000.00) or as may be increased from time to time, by the City's
Director of Finance;
(10) Documentation of how the application addresses the reasonable requirements
of the neighborhood and the desires of the adult inhabitants as evidenced by
petitions, written testimony or otherwise; and
(11) In addition to any fee required to be paid to the Colorado Department of
Revenue, each promotional association seeking certification by the Liquor and
Beer Licensing Board shall pay to such Board a non-refundable application fee
of five-hundred dollars ($500.00).
(12) A statement of any and all violations of local or state liquor rules or regulations
by any attached liquor licensed business within the past five (5) years, from the
date of application.
(c) Hearing and Notice.
(1) The \[Liquor and Beer Licensing Board\] Administrative Hearing Officer shall
hold a hearing on all applications for certification of a promotional association
and establishment of a common consumption area.
(2) Prior to the hearing the City Clerk shall, at least ten (10) days prior to the
hearing, cause notice to be posted in a conspicuous place within the proposed
common consumption area for which application has been made and by
publication on the City's website. Such posting shall be in the form established
in C.R.S. § 44-3-311, as amended.
(d) It shall be unlawful and a class 1 municipal offense for any person or entity to
operate a common consumption area unless currently certified as a promotional
association under this section.
Sec. 11-3-75. Terms and conditions; modifications; report of changes.
(a) Terms and Conditions.
(1) Upon certification of a promotional association, the terms and conditions of the
certification shall remain effective until and unless an application for
modification is submitted, approved, and authorized by the \[Liquor and Beer
Licensing Board\] Administrative Hearing Officer as required by this Section.
(2) No person shall make an application nor shall an application for the
certification of a promotional association be received by the \[Liquor and Beer
Licensing Board\] Administrative Hearing Officer until such time as all fees,
fines, costs, taxes, penalties, and interest due and owing to the City by any and
all of the licensed premises attached to the common consumption area are
paid in full.
(b) Modifications and Report of Changes.
(1) Prior to any of the following modifications taking place, a promotional
association must file an application for modification with the City Clerk's Office.
a. Changes to the map of the common consumption area;
b. Changes to the hours and dates of operation of the common consumption
area or changes to the hours of attached licensees;
c. Changes to the promotional association's security plan;
d. Changes to the promotional associations health and sanitation plan;
e. Changes to any conditions imposed on the promotional association by the
Liquor and Beer Licensing Board.
(2) Subject to the notice requirements set forth in Section 11-3-74(c)(2) above, the
\[Liquor and Beer Licensing Board\] Administrative Hearing Officer shall hold
a hearing on all applications for modification. At such hearing the said \[Board\]
Officer shall consider the effect of the amendment on the ability of the
promotional association to comply with all local and state liquor laws and
regulations.
(3) In addition to any fee required to be paid to the Colorado Department of
Revenue, all applications for modification shall be accompanied by a non-
refundable one-hundred dollar ($100.00) fee.
(4) The promotional association shall report any of the following changes to the
Liquor and Beer Licensing Board within \[thirty (30)\] twenty-eight (28) days of
the effective date of the change:
a. Any changes to the articles of incorporation or the bylaws of the
promotional association.
b. Any change to the list of directors and officers of the promotional
association.
c. Changes to the ownership or character of non-liquor licensed business
which fall entirely within, fall partially in, or are immediately adjacent to the
common consumption area.
Sec. 11-3-76. Application for attachment to a common consumption area.
(a) As used in this section "attach" shall mean the connection, as authorized under this
section, of a liquor licensed premises, to an adjoining common consumption area to
provide alcohol beverages for common consumption within said area.
(b) All liquor licensees who wish to attach to a common consumption area must
complete an application on forms provided by the City Clerk's Office. Along with the
application the licensee must provide:
(1) Authorization for attachment from the certified promotional association.
(2) Name of the representative from the licensed premises proposed for
attachment who would serve as a director on the board of the certified
promotional association.
(3) A detailed map of the common consumption area, including location of physical
barriers, entrances and exits, location of attached licensed premises,
identification of licensed premises that are adjacent but not to be attached to
the common consumption area and approximate location of security personnel.
(4) A non-refundable application fee of one-hundred dollars ($100.00). Such fee
shall be in addition to any fee required to be paid to the Colorado Department
of Revenue.
(c) The \[Liquor and Beer Licensing Board\] Administrative Hearing Officer may
refuse to authorize, refuse to reauthorize or may deauthorize attachment if:
(1) The licensed premises to be attached is not within or immediately adjacent the
common consumption area;
(2) The licensee fails to obtain or retain authority to attach to the common
consumption area from the certified promotional association;
(3) The licensee fails to establish that the licensed premises and the common
consumption area can be operated without violating this Code, the Colorado
Liquor Code or creating a safety risk to the neighborhood; or
(4) The licensee has been found to have violated any provision of local or state
liquor rules and regulations within the past five (5) years.
Sec. 11-3-77. Operation of common consumption areas.
(a) A promotional association or attached licensed premises shall not:
(1) Employ a person to serve alcoholic beverages or provide security within the
common consumption area unless the server has completed the server and
seller training program established by the Director of the Liquor Enforcement
Division of the Colorado Department of Revenue;
(2) Sell or provide an alcoholic beverage to a customer for consumption within the
common consumption area but not within the licensed premises in a container
that is larger than sixteen (16) ounces;
(3) Sell or provide any alcoholic beverage to a customer for consumption within
the common consumption area but not within the licensed premises unless the
container is disposable and contains the name of the vendor in at least twenty-
four-point font;
(4) Permit customers to leave the licensed premises with an alcohol beverage
unless the beverage container complies with Paragraphs (2) and (3) of this
Subsection (a);
(5) Operate the common consumption area in an area that exceeds the maximum
authorized by the Liquor and Beer Licensing Board or the Colorado Liquor
Code;
(6) Sell, serve, dispose of, exchange, or deliver, or permit the sale, serving, giving,
or procuring of, an alcoholic beverage to a visibly intoxicated person or to a
known habitual drunkard;
(7) Sell, serve, dispose of, exchange, or deliver, or permit the sale, serving, or
giving of an alcohol beverage to a person under twenty-one (21) years of age;
or
(8) Permit a visibly intoxicated person to loiter within the common consumption
area;
(9) Offer for sale or service alcoholic beverages in the common consumption area
unless such sale or service is done upon the licensed premises of an attached
licensee;
(10) Fail to immediately report to the police any violation of this Title XI occurring on
the attached licensed premises or within the common consumption area.
(11) Permit any violation of this Chapter or of the Colorado Liquor Code within any
attached licensed premises or within the common consumption area.
(b) The promotional association shall promptly remove all alcoholic beverages from the
common consumption area at the end of the hours of operation.
(c) It is unlawful for any person to consume alcohol within the common consumption
area unless such alcoholic beverage was obtained from an attached licensed
premises.
(d) Penalties.
(1) The promotional association and all attached liquor licensees shall be jointly
responsible for violations of this Chapter and of the Colorado Liquor Code that
occur within the common consumption area. If a particular licensee or
licensees can be identified as being responsible for a violation only such
licensee or licensees shall be penalized under this Section. In the event a
responsible licensee or licensees cannot be identified; all attached licensees
and the promotional association shall be subject to penalties under this
Section.
(2) The \[Liquor and Beer Licensing Board\] Administrative Hearing Officer is
authorized to impose the following penalties for violations of this article;
a. A fine,
b. Suspension of individual liquor licenses,
c. Suspension of the common consumption area,
d. Revocation of individual liquor licenses,
e. Revocation of the common consumption area,
f. Decertification of the promotional association, and/or
g. Imposition of additional conditions on any attached licensee or on the
promotional association.
(e) This Section does not apply to a special event permit under this Code or the holder
thereof unless the permit holder desires to use an existing common consumption
area and agrees in writing to the requirements of this Section and the \[Liquor and
Beer Licensing Board\] Administrative Hearing Officer concerning the common
consumption area.
Sec. 11-3-78. Recertification and reporting requirements.
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(a) A certified promotional association shall apply for recertification by January 31of
each year on forms prepared and furnished by the City Clerk. An application for
recertification of a promotional association shall include a report containing:
(1) A detailed map of the boundaries of the common consumption area;
(2) A list of dates and hours of operation of the common consumption area for the
upcoming calendar year;
(3) Documentation showing permission to use all portions of the common
consumption area for all dates the common consumption area will be in use
during the upcoming year;
(4) A list of attached licensed premises;
(5) A list of the directors and officers of the promotional association;
(6) Security arrangements within the common consumption area;
(7) Any violation of local or state liquor rules and regulations committed by an
attached licensed premises during the preceding year; and
(8) Any other information reasonably requested by the \[Liquor and Beer Licensing
Board\] Administrative Hearing Officer.
(b) Fee. In addition to any fee required to be paid to the Colorado Department of
Revenue, the promotional association shall submit a non-refundable recertification
fee of two-hundred fifty dollars ($250.00) with its application for recertification.
(c) Late recertification. The \[Liquor and Beer Licensing Board\] Administrative
Hearing Officer may, in its discretion, allow a promotional association to apply for
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recertification after January 31if;
(1) The promotional association has complied with the reporting requirements
contained in C.R.S. § 44-3-301(11)(c) as amended, and
(2) The promotional association pays an additional non-refundable late fee of one-
hundred dollars ($100.00). Such late fee shall be in addition to any late fee
required to be paid to the Colorado Department of Revenue.
(3) Under no circumstances shall a promotional association be allowed to apply for
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late recertification more than sixty (60) days after January 31.
SECTION 2.
The officers and staff of the City are authorized to perform all acts consistent with
this Ordinance and to implement the policies and procedures described therein.
SECTION 3.
This Ordinance shall become effective on the January 1, 2025, unless at any
time after the date of final action by the Mayor and City Council the Board fails to have a
quorum at any meeting, or if the number of members of the board drop so low as to
make obtaining a quorum at any meeting impossible, then this Ordinance shall become
effective immediately.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on October 15, 2024.
Final adoption of Ordinance by City Council on October 28, 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
BACKGROUND:
Most larger municipalities have moved to a system utilizing municipal courts to issue
licenses and conduct hearings required by state liquor statues and code. Colorado
Springs, Fort Collins, Greeley, Centennial, and Boulder are such cities.
Currently, Pueblo has a Liquor and Beer Licensing Board that meets twice month to
conduct business and hearings. Meetings are the first and third Wednesday of the month
at 5:30 p.m. Types of hearings include new license applications, modifications of
premises both temporary (for example, businesses along Union Ave modify their
premises during the Chili Festival) and permanent (for example, moving to a new
location), festival and special event permits, and allegations of violations. Renewal of
licenses and minor changes are completed by administrative autho
office.
In addition to the change in the Liquor Authority, there are a few necessary fixes to the
liquor code that are included in this ordinance. This includes the number of events
allowable under state law for special events permits, which have been expanded by state
law. To accommodate future changes, this ordinance simply refers to state
law. Additionally, HB24-1371 revised regulations on massage facilities, thus changes to
11-3-52 were necessary.
FINANCIAL IMPLICATIONS:
This change would save the City money in wages to the Liquor Board and staff overtime,
as an assistant city attorney, deputy city clerk, licensing coordinator, security, and
facilities staff currently stay late for these meetings. It would also save staff time.
BOARD/COMMISSION RECOMMENDATION:
The Liquor Board discussed this change at their last meeting and no major concerns
were brought forward that have not already been mentioned before City Council.
Individually, the majority of the board members understood the advantages to changing
to a hearing officer and did not bring forward any issues.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If City Council does not approve this Ordinance, the Liquor and Beer Licensing Board
would continue to meet and conduct business.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. Ordinance