HomeMy WebLinkAboutResolution 01-2014WHEAT RIDGE LIQUOR LICENSING AUTHORITY
Wheat Ridge , Colorado
RESOLUTION NO . 01-2014
A RESOLUTION DELEGATING TO THE CITY CLERK THE AUTHORITY
TO ADMINISTRATIVELY APPROVE APPLICATIONS FOR TRANSFERS
OF OWNERSHIP AND TEMPORARY PERMITS
WHEREAS , the Wheat Ridge Liquor Licensing Authority (the "Authority") was
duly formed by the City of Wheat Ridge , Colorado and exists pursuant to and in
accordance with Division 1, Article Ill, Chapter 11 of the Wheat Ridge Code of Laws
("Code "); and
WHEREAS , consistent with said Code provisions , the Authority possesses all the
powers of a licensing authority as set forth in the Colorado Beer Code and the Colorado
Liquor Code , C.R.S . articles 46 and 47 of Title 12 ; and
WHEREAS , pursuant to C.R.S . § 12-47-303, the Authority is not required to
conduct a hearing on applications for a transfer of ownership or temporary permit; and
WHEREAS, as such , the Authority has the discretion to delegate the authority to
administratively process and approve such applications , without a hearing , upon certain
terms and conditions as the Authority may establish ; and
WHEREAS, the Authority finds that the administrative processing and approval of
applications for transfers of ownership and temporary permits , when there does not
appear to be any cause for the Authority to review such an application , is the most
efficient and cost-effective manner of acting on such applications and could reduce the
delays that potential new owners sometimes encounter with such applications ; and
WHEREAS , the Authority therefore desires to delegate to the City Clerk the
authority to administratively process and approve applications for transfers of ownership
and temporary permits on the terms and conditions set forth in this Resolution .
NOW, THEREFORE, BE IT RESOLVED BY THE LIQUOR LICENSING
AUTHORITY OF THE CITY OF WHEAT RIDGE , COLORADO, THAT :
The City Clerk is hereby authorized to administratively process and approve
applications for transfers of ownership and temporary permits filed with the City in
accordance with C.R.S . § 12-47-303, as existing or as hereafter amended , on the
following terms and conditions:
A. After performing his or her initial investigation of an application for a
transfer of ownership , if the City Clerk determines that there is cause for
such application to be reviewed and acted upon by the Authority , the
application shall be referred to the Authority for decision . If the Clerk
determines that no such cause exists , he or she may administratively
approve the application . The City Clerk may elect to refer any application
to the Authority for decision . even when such application is eligible for
administrative approval , in his or her discretion .
B . In regards to temporary permits , the City Clerk may issue a temporary
permit to a potential transferee when the Clerk determines that the
potential transferee has submitted all required paperwork , paid all
applicable fees , and been fingerprinted by the Wheat Ridge Police
Department ("PO") and the PO advises the City Clerk that the initial
background check is satisfactory . If the PO advises that the initial
background check is unsatisfactory or otherwise questionable, the City
Clerk shall refer the temporary permit application to the Authority for
decision .
C. The City Clerk shall promptly and regularly advise the Authority of all
administrative approvals issued pursuant to the delegation of authority
granted by this Resolution .
D. For purposes of this Resolution , "City Clerk " means the individual
occupying the office of the City Clerk and his or her designee.
E. The authority delegated to the City Clerk by this Resolution is perpetual
and shall continue unless and until repealed or modified by subsequent
resolution of the Authority .
DONE and RESOLVED this 13TH day of March , 2014 .
Paul Shaver , Chair
ATTEST :
Bruce Roome ,
Deputy City Clerk and Clerk to the Authority