HomeMy WebLinkAboutOrdinance-1998-1119
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER MANCINELLI
Council Bill No, 19
Ordinance No, 1119
Series of 1998
TITLE: AN ORDINANCE AMENDING ARTICLE III, CHAPTER 11
OF THE WHEAT RIDGE CODE OF LAWS, PERTAINING TO ALCOHOLIC
BEVERAGES AND THE ESTABLISHMENT OF A LIQUOR LICENSING
AUTHORITY,
WHEREAS, the Wheat Ridge Code of Laws contains regulations
pertaining to alcoholic beverages; and
WHEREAS, the City Council wishes to amend the Wheat Ridge
Code of Laws to provide for a liquor licensing authority;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1. The Title of Article III, Division 1 of Chapter 11 of
the Wheat Ridge Code of Laws is hereby amended to read as follows:
Division 1. Wheat Ridge Liquor Licensing Authority
Section 2. Section 11 ~51 of the Wheat Ridge Code of Laws is
hereby amended by the addition of the following new definitions and
paragraphs:
"Applicant" means and includes:
1, If an individual, that person making an application for a
license under this chapter,
2. If a partnership, the partners owning ten percent or more of
the partnership which is making application for a license under this chapter,
3. If a corporation, the president, vice~president, secretary,
treasurer, the directors, manager and each stockholder owning ten percent or
more of the stock of the corporation.
"Authority" or "Licensing Authority" means the Liquor Licensing
Authority of the city.
"Immediate Family" means spouse, mother, father, children,
brothers, sisters, mother-in-law, father-in-law, brothers~in~law, or sisters-in-
law.
"Investigator" means a member of the Wheat Ridge Police
Department,
"Manager" includes the person or those persons who manage,
direct, supervise, oversee and administer the acts, transactions and acts of
servants of the establishments governed by this chapter,
All other words and phrases used in this Chapter shall have the
meanings attached by the Colorado Statutes regulating the sale of liquor, or
if not otherwise defined by law, as used in their common, ordinary and
accepted sense and meaning,
Section 3. Section 11 ~52 of the Wheat Ridge Code of Laws IS
hereby renumbered as Section 11 ~55.
Section 4. Article III of Chapter 11 of the Wheat Ridge Code of
Laws pertaining to Alcoholic Beverages is hereby amended by the addition of
a new Section 11-52 to read as follows:
Sec. 11-52. Purpose,
In pursuance of the authority conferred by Articles 46, 47 and
48 of Title 12, C.R.S., 1997 Volume, this Chapter is enacted for the purpose
of promoting the health, safety and welfare of the present and future
inhabitants of the city by regulating, controlling and licensing the sale of
malt, vinous or spirituous liquors and fermented malt beverages.
Section 5. Article III of Chapter 11 of the Wheat Ridge Code of
Laws pertaining to Alcoholic Beverages is hereby amended by the addition of
a new Section 11-52.5 to read as follows:
11-52.5. Liquor licensing authority established.
A. There is established a Liquor Licensing Authority, which
shall have and is vested with the authority to grant and refuse licenses and
special permits, and to approve and deny applications for renewal and
transfer of licenses for the sale at retail of malt, vinous or spirituous liquors
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and fermented malt beverages, designate and assess fees, promulgate
reasonable rules and regulations, conduct investigations, and to suspend or
revoke such licenses for cause, all in the manner provided by law, The
Licensing Authority shall have all the powers of the Licensing Authority set
forth in C,R,S. Articles 46,47 and 48 of Title 12,
8, The Licensing Authority for the City of Wheat Ridge shall
consist of eight (8) qualified electors of the city, two (2) from each of the
four council districts of the city, who shall be appointed by the City Council.
In order to stagger the terms of the Licensing Authority members, one of the
first two members from each council district shall be appointed for a three
year term and one shall be appointed for a two year term. The length of
term for the first Licensing Authority members shall be determined by lot.
Except in the event that a member is appointed to fill a vacancy as provided
in subsection (J), all subsequent appointments shall be for three year terms.
C. A quorum of the Licensing Authority shall consist of five
(5) voting members, and a decision of a majority of the quorum present shall
control.
0, All decisions of the Licensing Authority are final, subject
only to appeal to a court of competent jurisdiction.
E. No person shall serve or continue to serve as a member
of the Licensing Authority who is or becomes a member of the Wheat Ridge
City Council except during any period of time where the Council is acting in
the role of the Licensing Authority as provided in subsection (K).
F, No person shall serve or continue to serve as a member
of the Licensing Authority who has or obtains any financial interest, including
employment, in the operation of any business which is issued a license in the
State of Colorado relating to fermented malt beverages or alcoholic
beverages pursuant to C.R,S. Articles 46, 47 and 48 of Title 12, or who has
a member of his or her immediate family who has or subsequently obtains
such an interest or employment.
G, All members of the Licensing Authority must complete a
course or class of training approved by the City in the laws and regulations
governing alcohol beverage sales before becoming a voting member on the
Licensing Authority.
H. No person shall be eligible for appointment or continue to
serve as a member of the Licensing Authority who has been convicted within
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the seven (7) years preceding such appointment of driving under the
influence of alcohol or drugs, driving while impaired by the influence of
alcohol or drugs, or any alcohol or drug related offense, or any violation of
Articles 46, 47 or 48 of Title 12, C.R.S. or the regulations adopted
thereunder, or any violation of this article, The City of Wheat Ridge Police
Department shall run a criminal record background check on all Licensing
Authority appointees.
I. Any member of the Licensing Authority may be removed
for cause by a majority vote of the entire City Council, The attendance rules
for members of boards or commissioners set forth in Section 2~53(e) of this
Code shall also apply to members of the Licensing Authority.
J. Any vacancy occurring on the Licensing Authority for any
reason shall be filled for the unexpired term by the City Council in accordance
with City Council policies for filling positions on boards and commissions.
K. In the event four vacancies exist simultaneously on the
Licensing Authority, and there are matters scheduled for consideration before
the Licensing Authority, the City Council shall act as the Licensing Authority
until a quorum of the Licensing Authority is reconstituted by filling vacancies
in accordance with this section.
L. Members of the Licensing Authority shall receive no
compensation for their service; however, any necessary expenditures
incurred in the performance of their duties shall be reimbursed by the city as
determined by the City Council as part of the budget process.
M, The Licensing Authority shall annually elect a chair from
its number. The chair, or person serving on the Licensing Authority
designated by the chair to serve as acting chair in the chair's absence, shall
preside over all hearings and proceedings of the authority,
N, The City Attorney and the office of the City Clerk shall
act in an advisory capacity to the Licensing Authority.
Section 6. Section 11-53 11 of the Wheat Ridge Code of Laws
is hereby renumbered as Section 11 ~53,5,
Section 7. Article III of Chapter 11 of the Wheat Ridge Code of
Laws pertaining to Alcoholic Beverages is hereby amended by the addition of
a new Section 11 ~53 to read as follows:
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11-53. Governance by state laws, rules and regulations,
The Licensing Authority shall be governed by state law now in
effect or subsequently amended, and the rules and regulations of the
Executive Director of the Department of Revenue of the State of Colorado,
as the state licensing authority, which shall apply to the licensing of
fermented malt beverages and malt, vinous and spirituous liquors within the
city, where applicable. In the event of a conflict between such and any
provisions set forth in this chapter, the more restrictive requirement shall
prevail.
Section 8, Safetv 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 9. Severabilitv: Conflictina Ordinances Reoealed. 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.
Section 10.
fifteen days after final
Charter.
Effective Date. This Ordinance shall take effect
publication, as provided by Section 5,11 of the
Section 11. Aooointment of initial licensina authoritv: time of
assumina duties. On or before August 1, 1998, the City Council shall
appoint members of the Licensing Authority and all members shall have
undertaken the training required by Section 11 ~52.5(E), In the event the
Licensing Authority is not yet fully constituted and trained by August 1,
1998, the City Council shall, acting by motion, establish a new date by
which the Licensing Authority shall be fully constituted and trained,
INTRODUCED, READ, AND ADOPTED on first reading by a vote
of 5 to 3 on this 11th day of May, 1998, 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 June 1, 1998, at 7:00
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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 5 to 3, this 1 st day of June, 1998.
June
SIGNED by the Mayor on this 4th
, 1998.
day of
ATTEST: (
.Jtc-.AvL ~(~,
WANDA SANG, OFFIC~F THE CITY CLERK
/.~ "Zy....-<--<../
AS TO FORM BY
EY
GERALD E, DAHL, CITY
ATTORNEY
First Publication: May 15, 1998
Second Publication: June 12, 1998
Wheat Ridge Transcript
Effective Date: J 27 1998
une ,
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