HomeMy WebLinkAboutOrdinance-2004-1327
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CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DITULLIO
Council Bill No. 12
Ordinance No. 1327
Series of 2004
TITLE:
AN ORDINANCE PERMITTING ALCOHOL BEVERAGE TASTINGS
WHEREAS, the Colorado General Assembly has enacted C R.S. 12-47-
301 (10), permitting alcohol beverage tastings on the premises of a retail liquor
store licensee or liquor-licensed drugstore licensee by the adult patron of the
licensee, by local option only; and
WHEREAS, the City Council has authority pursuant to C.R.S. 12-47-
301 (1 O)(a) to permit alcohol beverage tastings; and
WHEREAS, the Council has determined that alcohol beverage tastings may
be allowed within the City, subject to the limitations contained herein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Code Sec. 11-56 Adopted
The Wheat Ridge Code of Laws is hereby amended by the addition of a new
section 11-56, to read:
Sec. 11-56 Alcohol beverage tastings
(a) Subject to the limitations of this section, alcohol beverage tastings are
permitted within the City. For the purposes of this section "tastings" means the
sampling of malt, vinous, or spirituous liquors that may occur on the premises of a
retail liquor store licensee or liquor-licensed drugstore licensee by adult patrons of
the licensee pursuant to the provisions of this section and Section 12-47-301 (10),
C R.S.
(b) A retail liquor store or liquor-licensed drugstore licensee who wishes to conduct
tastings may submit an application or application renewal for that purpose to the
Liquor Licensing Authority. The applicant for a tastings permit shall state on the
application the days and times that tastings will occur. The applicant shall give at
least 24 hours' prior notice to the Police Department of any deviations in the
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tastings schedule as set forth in the application. The Liquor Licensing Authority
may grant, grant with restrictions, or reject the application if the applicant fails to
establish that he or she is able to conduct tastings without violating the provisions
of this section, Section 12-47-31 O( 10), eRS, or creating a public safety risk to the
neighborhood. The Liquor Licensing Authority shall establish its own application
procedure and shall charge a reasonable application fee. The Liquor Licensing
Authority may delegate review and decision on the application to its clerk or
administrative official.
(c) Tastings shall be subject to the following limitations:
1. Tastings shall be conducted only by a person who has completed a server
training program that meets the standards established by the liquor
enforcement division in the department of revenue and who is either a
retail liquor store licensee or a liquor-licensed drugstore licensee, or an
employee of a licensee, and only on a licensee's licensed premises.
2. The alcohol used in tastings shall be purchased through a licensed
wholesaler, licensed brewpub, or winery licensed pursuant to Section 12-
47-403 CRS.
3 The size of an individual alcohol sample shall not exceed one ounce of
malt or vinous liquor or one-half ounce of spirituous liquor.
4. Tastings shall not exceed a total of five hours in duration per day, which
need not be consecutive.
5. Tastings shall be conducted only during the operating hours in which the
licensee on whose premises the tastings occur is permitted to sell
alcoholic beverages, and in no case earlier than 11 a m. or later than 7
p.m
6. The licensee shall prohibit patrons from leaving the licensed premises
with an unconsumed sample.
7. The licensee shall promptly remove all open and unconsumed alcohol
beverage samples form the licensed premises or shall destroy the samples
immediately following the completion of the tasting.
8. The licensee shall not serve a person who is under twenty-one years of
age or who is visibly intoxicated.
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9. The licensee shall not serve more than four individual samples to a patron
during a tasting.
10. Alcohol samples shall be In open containers and shall be provided to a
patron free of charge.
11. Tastings may occur on no more than four of the six days from a Monday
to the following Saturday, not to exceed one hundred four days per yeaL
12. No manufacturer of spirituous or vinous liquors shall induce a licensee
through free goods or financial or in-kind assistance to favor the
manufacturer's products being sampled at a tasting. The licensee shall
bear the financial and all other responsibility for a tasting.
13. A violation of a limitation specified in this section, Section 12-47-301 (1 0)
CRS or Section 12-47-801 (CRS) by a retail liquor store or liquor licensed
drug licensee, whether by his or her employees, agents, or otherwise,
shall be the responsibility of the retail liquor store or liquor-licensed
drugstore licensee who is conducting the tasting.
14. A retail liquor store or liquor-licensed drugstore licensee conducting a
tasting shall be subject to the same revocation, suspension, and
enforcement provisions as otherwise apply to the licensee.
Section 2. Review. The City Council shall meet with the Liquor Authority
on or before February 1, 2005, to review the history and effectiveness of this
Ordinance.
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. Severability; ConflictinQ Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
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Section 5. Effective Date. This Ordinance shall take effect 1 5 days after
final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 28th day of June, 2004, 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 July 12, 2004, at 7:00 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 1, this 12th day of July, 2004.
SIGNED by the Mayor on this
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Gerald E. Dahl, City Attorney
First Publication: July 1, 2004
Second Publication: July 15, 2004
Wheat Ridge Transcript
Effective Date: July 30, 2004
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