HomeMy WebLinkAboutResolution-1974-0277
Introduced by Alderman Louise Turner
RESOLUTION NO. 277
Series of 1974
WHEREAS, the City Council of the City of Wheat Ridge
acknowledges the need for uniform rules of order and procedure for
the conduct of its business; and
WHEREAS, this Council believes certain Rules to be in the
best interest of the Health, Safety, Welfare and Morals of the
Citizens of the City of Wheat Ridge.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Wheat Ridge does hereby and herewith adopt the attached
Rules concerning the suspension and revocation of MALT, VINOUS AND
SPIRITUOUS LIQUOR and FERMENTED MALT BEVERAGE LICENSES.
DONE AND RESOLVED this 14th day of February, A. D., 1974,
by a vote of 6 to O.
ATTEST:
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Elise Brougham '
City Clerk
Resolution I~O. 277
PagB 2
(Att~nmBnt)
RULES CONCERNING SUSPENSION AND REVOCATION OF ANY LICENSE
TO SELL AT RETAIL ANY MALT, VINOUS OR SPIRITUOUS LIQUORS
OR FERMENTED MALT BEVERAGES.
The City Council shall have the power, upon its own motion or upon
complaint, to (1) summarily suspend any license for a period not to
exceed fifteen days, or (2) upon notice to the licensee and hearing
to suspend any license for a period not to exceed six months or to
revoke such license.
A. Suspension and revocation proceedings shall be commenced
by the Council (through the City Attorney) issuing and
causing to be served upon the licensee a notice of hearing
and an order to show cause why his license should not be
suspended or revoked whenever it shall appear to the Council
that there is a probable cause to believe that the licensee
has violated any law, any rule or regulation of the state
licensing authority, or any of the terms, conditions, or
provisions of the license issued by the Council.
B. As to all such proceedings the City Attorney shall conduct
an investigation and shall act as the prosecuting agent
where he determines such is appropriate, and in every case
where he determines prosecution to be inappropriate, he
will notify in writing Council and the Police Department
of his decision and thp reason therefore.
C. A hearing shall be held at a place and time designated
by the Council on the day stated in the notice, or upon
such other day as may be set for good cause shown. Evidence
in support of the charges shall be given first, followed
by cross-examination of those testifying thereto. The
licensee, in person or by counsel, shall then be permitted
to give evidence in defense, and in explanation and shall
be allowed to give evidence and statements in mitigation
of the charges, followed by cross-examination of those
testifying thereto. In the event the licensee is found
to have committed the violation charged, or any other
violation, evidence and statements in aggravation of the
offense shall also be permitted, followed by cross-examination
of those testifying thereto.
D. If the evidence presented at the hearing does not support
the charges stated in the notice and order served upon the
licensee, but standing alone establishes the guilt of the
licensee of a violation of some other law, rule or regulation,
the licensee shall be permitted to give evidence and state-
ments in defense, explanation and mitigation if then pre-
pared to do so. If such evidence is not then available, but
can be obtained by the licensee, the licensee shall state
the substance thereof and upon his request the hearing may
be recessed for not more than ten days, and shall then
continue under the same procedure as thouoh no recess had
occurred.
E. In the event the licensee if found not to have violated any
law, rule or regulation, the charges against him will be
dismissed. If the licensee is found to have violated some
law, rule or regulation, his license may be suspended or
revoked.
F. The Council shall not be required to observe any formal rules
of evidence, but may consider any matter which a majority
thereof concludes is reasonably relieble and calculated to
aid them in reaching an accurate determination of the issues
involved.
RE50LUTIOI\i,"o. 277 (Attachment)
Page 3
G. At the completion of the hearing, Council shall go into
closed executive session for consideration of the matters
presented. Thereafter, formal action on the case shall
be conducted in an open session, which shall be duly re-
corded in the minutes of the Council. The City Clerk
shall in writing appropriately implement Council decisions
adverse to licensee.
H. Every licensee whose license has been suspended by the
City Council shall, if ordered by the Council, post two
notices in conspicuous places, one on the exterior and
one on the interior of his premises, for the duration
of the suspension. The notices shall be 24 inches in
length and fourteen inches in width, and shall be in the
following form:
NOTICE OF SUSPENSION
ALCOHOLIC BEVERAGE LICENSES ISSUED
For These Premises Have Been
Suspended by Order of the
LOCAL LICENSING AUTHORITY
For Violation of the
Fermented Malt Beverage Act-Liquor Code of 1935
From , To
(Date)
( Ti me )
(Date)
( Ti me )
I. The temporary suspension of a license without notice pending
any prosecution, investigation, or public hearing as provided
for by the provisions of Colo. Rev. Stat. 75-2-11(2) and
75-l-3(7)(b), 1963, as amended, shall be for a period not to
exceed fifteen days.