HomeMy WebLinkAboutOrdinance 2012-1510CITY OF WHEAT RIDGE , COLORADO
INTRODUCED B Y COUNCIL MEMBER POND
Council Bill No. 04
Ordinance No. 15 10
Series 2012
TI TLE: AN ORDINANCE AMENDING SECTION 11-53(b) OF T HE
WHEAT RIDGE CODE OF LAWS CONCERNING APP LI CATION
OF THE STATE LIQUOR LAWS WITHIN THE C ITY
WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality having
all powers conferred by Article XX of the Colorado Constitution ; and
WHEREAS , the City Council ("Council") has exercised these powers by t he
adoption of Article Ill of Chapter 11 of the Wheat Ridge Code of Laws concerning
alcoholic beverages ; and
WHEREAS, pursuant to that article and the provisions in the Colorado Liquor
Code , Section 12-47-101 et seq., C .R.S ., the City issues licenses to businesses seeking
to sell malt, vinous, or spirituous liquors; and
WHEREAS, pursuant to Section 12-47-313(1)(d)(l), C .R.S ., all classes of liquor
licensed premises within the City must be at least "five hundred feet from any public or
parochial school or the principal campus of any college, university, or seminary;" and
WHEREAS , pursuant to Section 12-47-313(1)(d)(lll), C .R.S ., Council is
autho rized to reduce or eliminate that dista nce limitation for any and all classes of
licenses; and
WHEREAS, Council wishes to eliminate the five hundred foot distance
requireme nt in Section 12-47-313(1)(d)(l), C .R.S ., for all beer and wine licenses, brew
pub licenses, arts licenses, and vintner's restaurant licenses that are licensed premises
within the City.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNC IL OF THE C ITY
OF WHEAT RIDGE, COLORADO:
Section 1. Secti on 11-53(b) of the Wheat Ridge Code of L aws is amended to read
as f ollows:
(b) Notwithstanding the provisions in subsection (a) to the contrary, the distance
restrictions imposed by Section 12-47-313(1 )(d)(l), C .R.S ., prohibiting the sale of
malt, vinous o r spirituous liquor within five hundred (500) feet of any public or
parochial school or the principal campus of any college, university or seminary,
are eliminated for all hotel and restau rant licenses, BEER A ND W IN E
LICE NSES , B RE W PUB LICENSES , ARTS LICENSES , AN D VINTNER 'S
RESTAURANT LICENSES issued pursuant to this article.
Section 2. Severabili ty , Conflicting Ordinances Rep ealed . If any section,
subsection or clause of th is 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 ord inances or parts of ordinances i n conflict with the
p rovisions of this Ordinance are hereby repealed .
Section 3. Effective Date. T his Ord i n ance shall take effect up on adoption and
signature of the Mayor as provided by Section 5 .11 of the Charter.
INTRODUCED, READ , AND ADOPTED on first reading by a vote of 8 to 0 on
this 14th day of May, 2012 , ordered published in full in a newspaper of general
circul ation in t he City of Wheat R idge , and Pub lic Hea r ing an d co n si deration on final
passage set for Monday , June 11 , 2012 at 7 :00p.m., in the Counci l Chambe rs , 7500
West 291h Avenue , Wheat Ridge, Colorado.
READ , ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of _a_ to _a_, this 11th day of June , 2012.
SIGNED by the Mayor on this __
ATTEST:
Fi rst Pu b l ication : May 17, 2012
Second P ublication : June 14, 2012
Wheat Ridge Transcript
Effective Date: June 11, 2012
June '2012.
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Gerald E. Da hl , City Attorney