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
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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
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