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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 o ATTEST: .: ~/~ ~~ Homer L. ~ /' , ;r /. /' /' ."", l.- l_k. , Roesener,Mayor ~ 4 ,_ ". I Ellee (. k _ _l) c,~ . I ... .;.... -,.~ 1.-' 4-,/:'" t ~ i J v/~ Fl-I BrDugham~ ~ity ~lerk