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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 2 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 3