HomeMy WebLinkAboutResolution-1974-0352
Introduced by Alderman
Turner
RESOLUTION NO. 352
--
Series of 1974
WHEREAS, under the provisions of Chapter 75, Article 1,
Section 7, CRS 1953, the City Council of the City of Wheat Ridge
serves as the local lirensing authority in regard to licensing of
locations in the City of Wheat Ridge to sell 3.2 beer, and
WHEREAS, pursuant to the said State statute, the City
Council has the power to adopt reasonable rules and regulations
not inconsistent with the statute, and
WHEREAS, it is the desire and intention of the City Council
to hereby adopt such reasonable rules and regulations consistent with
the provisions of the statute, and
WHEREAS, it is the desire of the City Council of the City of
Wheat Ridge to set out in writing procedures to be followed relative
to the issuance of new licenses, hearings, applications, and transfers
of lo~ations of existing licenses,
NDW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Wheat Ridge, Colorado, as follows:
I. APPLICATIONS. All applications for 3.2 beer licenses
shall be filed on official forms supplied by the Office of the
Department of Revenue. The application shall be filed with the City
Clerk and shall be accompanied by the following.
A. Three letters of character reference for each applicant.
In partnerships or corporations, three letters of
character reference are required for each partner or
officer of the corporation.
B. A check in payment of license fees and investigation
fees.
C. If applicant is a partnership (except between husband
and wife), a certified copy of partnership agreement
and a statement showing the financial and management
interests of each partner.
D. If applicant is a corporation, a copy of Articles of
Incorporation, and if an out-of-state corporation,
evidence of qualification to do business in Colorado.
E. In the case of existing buildings, a plan of the
interior of the building where the license will be
used; in the case of buildings not yet built, archi-
tectural plans and specifications for the building
where the license will be used.
II. INITIAL APPEARANCE BEFORE CITY COUNCIL.
A. The City Clerk shall cause the application to be placed
on the Agenda of a Council Meeting to be held no less than four nor more
than thirty days after said Clerk has received the application. The
applicant or his representative shall be in attendance at the Council
Meeting at which his application is presented. This date of presentation
of the application to the City Cour,cil shall be deemed the date of filing
of the application.
B. The City Cou,lcil sh.clll s~t the boundaries of the neighborhood
affected by the proposed location.
RESOLUTION NO.
352
Page 2
C. The applicant shall be instructed to, and shall cause
to be prepared, and shall furnish at the public hearing, a survey map
showing the "neighborhood" and further showing on the said map the
location and nature of other 3.2 beer outlets.
D. The City Council shall also set a date for public hearing
to be not less than thirty days later.
III. PUBLIC NOTICE. The applicant shall cause to be posted
and published public notice of hearing.
A. The sign used for posting shall be of cardboard material,
not less than 22 inches wide and 26 inches high, composed of letters
not less than one inch in height and stating the type of license applied
for, the date of the application, the date of hearing, and the name
and address of the applicant, and such other information as may be
required to fully apprise the public of the nature of the application.
If the applicant is a partnership, the sign shall contain the names and
addresses of all partners, and if the applicant is a corporation,
association, or other organization, the sign shall contain the names and
addresses of the president, vice president, secretary and manager or
other managing officers.
B. The published notice shall contain the same information
as the required signs, and shall be composed of B-point bold faced
type set so as to be not less than one column in width nor less than
6 inches in length,
C. Where the building in which the 3.2 beer is to be sold
is in existence at the time of the application, the sign shall be
placed on the premises so as to be conspicuous and plainly visible to
the general public from the exterior of the building. If the building
is not in existence at the time of the application, the sign shall be
posted upon the premises upon which the building is to be constructed
in such a manner that it shall be conspicuous and plainly visible to
the general public.
IV. INVESTIGATION.
A. The Police Department of the City of W~eat Ridge shall
make an investigation of the applicant, and, in the case of a
corporation, the board of directors of the applicant, and in the case
of a partnership, the partners thereof, Such investigation shall
include the fingerprinting and photographing of the applicant(s) and
obtaining from the Federal Bureau of Investigation a report on the
applicantls). A written report of these findings shall be delivered
by the Police Department to the City Clerk at least ten days prior
to the public hearing on the application.
B. Not less than five days prior to the date of the public
hearing on the application, the written report of the findings based
on the investigation by the Police Department shall be made available
to the applicant and other interested parties.
RESOLUTION NO. 352
Page 3
V. HEARING.
A. Rules of Procedure - The rules of procedure to be
followed in conducting public hearings shall be as Council adopts.
B. Before entering any decision approving or denying the
application, the City Council shall consider the following:
The desires of the inhabitants of the neighborhood
as evidenced by petitions, remonstrances or otherwise.
The reasonable requirements of the neighborhood.
The character and reputation of the applicant.
Other pertinent facts and evidence affecting the
qualifications of the applicant.
decision of the City Council approving or denying the
application shall be in writing stating the reasons therefor and shall
be issued within thirty days after the date of the public hearing. A
copy of such decision shall be sent by certified mail to the applicant
at the address shown in the application.
D. In the case of buildings not yet in existence, where the
City Council votes in favor of issuance of a license, the license shall
not be issued until the building in which the business is to be conducted
is ready for occupancy, and then only after inspection of the premises
has been made to determine that the applicant has complied substantially
with the architect's drawings and plans and specifications submitted
with the application and a certificate of occupancy issued by the City
of Wheat Ridge Community Development Department.
VI. CHANGE OF LOCATION OF EXISTING LICENSES. All of the
1.
2.
3.
4.
C. The
procedures outlined herein shall be applicable to a change of location
of an existing license, except that no new license fee shall be payable
by the applicant if he has already paid his license fees for the year
In which the transfer is being attempted.
VII. TWO YEAR LIMITATION. No application for issuance of a
3.2 beer license shall be considered by the City Council if an appli-
cation for a similar type license has been denied for the same location
within the two years immediately preceding the date of the new application.
VIII. INVESTIGATION FEE. There shall be a one-time investigation
fee of $150 (One hundred fifty dollars) charged for each new establish-
ment or change of location to cover costs of neighborhood investigation
and other processing expenses of the City.
IX. 3.2 BEER LICENSE FEES. The license fee for 3.2 beer
license is established by CRS 1953, 75-1-5(4), and is $50 per year.
Resolution No.5, Series of 1959, is hereby rescinded in its
entirety.
DONE AND RESOLVED this 14th day of November , A. D., 1974,
by a vote of
5
to
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ATTEST:
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Homer L.
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Roesener,Mayor
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Ellee
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