HomeMy WebLinkAboutOrdinance-1987-0741INTRODUCED BY COUNCILMEMBER Kellar
Ordinance No. 741
Series of 1987
TITLE: A BILL FOR AN ORDINANCE ENABLING THE LIQUOR LICENSING
AUTHORITY OF THE CITY OF WHEAT RIDGE, COLORADO, TO
IMPOSE A FINE IN LIEU OF THE SUSPENSION OF A RETAIL
LIQUOR LICENSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, AS FOLLOWS:
Section 1. The Wheat Ridge City Code is hereby amended by
the addition of a new section 3-11 to read as follows:
Section 3-11. Fine in lieu of suspension.
(a) Whenever a decision of the licensing authority
suspending a license for 14 days or less becomes final, whether
by failure of the licensee to appeal the decision or by
exhaustion of all appeals and judicial review, the licensee may,
before the operative date of the suspension or such earlier date
as the licensing authority may designate in its decision,
petition for permission to pay a fine in lieu of having the
license suspended for all or part of the suspension period. The
licensing authority may, in its sole discretion, stay the
proposed suspension in part or in whole and grant the petition if
it finds, after any investigation that it deems desirable, that:
(1) The public welfare and morals would not be
impaired by permitting the licensee to operate during the period
set for suspension and that the payment of the fine will achieve
the desired disciplinary purpose; and
(2) The books and records of the licensee are
kept in such a manner that the loss of sales during the proposed
suspension can be determined with reasonable accuracy therefrom;
and
(3) The licensee has not had its license
suspended or revoked nor had any suspension stayed by payment of
a fine during the two years immediately preceding the date of the
motion or complaint which has resulted in a final decision to
suspend the license.
(b) Payment of any fine shall be in the form of cash,
a certified check or a cashier's check payable to the licensing
authority. Such fine shall be paid into the general fund of the
City.
(c) The licensing authority may grant such conditional
or temporary stays as are necessary for it to complete its
investigations, to make its findings as specified in subsection
(a) above, and to grant a permanent stay of the entire or part of
the suspension. If no permanent stay is granted, the suspension
shall go into effect on the operative date finally set by the
licensing authority.
(d) "Fine" means a form of discipline imposed pursuant
to this chapter in lieu of a suspension. Any fine shall be the
equivalent of twenty percent of the retail licensee's estimated
gross revenues from sales of alcoholic beverages during the
period of the proposed suspension, except that the fine shall be
not less than $200.00 nor more than $5,000.00.
Section 2. 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 3. 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 4. This ordinance shall take effect 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 , 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 5 to 2 this 14th day of December
1987.
1987.
SIGNED by the Mayor on this 15th day of December I
Dan Wilde, Mayor
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ATTEST:
Wanda Sang, City C erk
lst Publication: November 26,19£37 APPROVED AS TOO FORM BY
2nd Publication: December 17, 198®FFICE OF CI ATTORNEY:
Wheat Ridge Sentinel: /
Effective Date: Jan. 1, 1988
John 91'. Hayes
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