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HomeMy WebLinkAboutOrdinance-1987-0740INTRODUCED BY COUNCILMEMBER Davis Ordinance No. 740 Series of 1987 A BILL FOR AN ORDINANCE AUTHORIZING ISSUANCE OF SUBPOENAS TO APPEAR AT CERTAIN HEARINGS OF THE LIQUOR LICENSING AUTHORITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. The Wheat Ridge City Code is hereby amended by the addition of a new section 3-12 to read as follows: Section 3-12. Issuance and enforcement of subpoenas. (a) Upon direction by the liquor licensing authority of the City of Wheat Ridge, the City Clerk shall 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 licensing authority is authorized to conduct. (b) The subpoena or subpoena duces tecum shall state: (1) The name of the liquor licensing authority, (2) The title of the proceeding, (3) The name of the person notified and ordered to appear and testify before the liquor licensing authority, (4) The location, time and date of the hearing, (5) The purpose of the hearing, (6) The name, including all relevant trade names, address and license number of the licensee for whom the hearing is being held, (7) In the case of a subpoena duces tecum, the documents ordered to be produced at the hearing, (8) The state statute and local ordinance pursuant to which the subpoena is being issued, (9) That a failure to appear as specified in the subpoena may subject the person to a charge of contempt punishable pursuant to this code, (10) That the subpoena is issued by the City Clerk as directed by and under the authority of the liquor licensing authority of the City of Wheat Ridge. (c) An affidavit of service shall be appended to a copy of any subpoena issued by the City Clerk and shall state the name of the document served, the person served, the person completing the service, the time, date and place of service and manner of service. (d) Failure by any person without adequate excuse to obey a subpoena served upon him may be found in contempt of the liquor licensing authority. Such contempt shall constitute a violation of the Wheat Ridge City Code and shall be punishable by a fine not to exceed $999.00, or by imprisonment for a period not to exceed 180 days, or both such fine and imprisonment; provided, however, that no person under the age of 18 years shall be subject to imprisonment for violation of this ordinance. Section 2. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4 . This ordinance shall become effective 15 day(s) after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 23rd day of November , 1987, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for December 14, , 1987, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 0 this 14th day of December , 1987. 1987. SIGNED by the Mayor on this 14th day of December Dan Wilde, Mayor 2 ATTEST: Wanda Sang, City C1 k APPROVED AS TO FORM BY OFFICE OF CITY ATTORNEY 1st Publication: November 2nd Publication: December Wheat Ridge Sentinel: Effective Date: January John E.,171 ayes, City Atto.r 26, 1987 17, 1987 1, 1988 3