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HomeMy WebLinkAboutResolution-1969-0005 .~ Itr 'v: 'IlL" CITY OF WHEAT RIDGE RESOLUTJ ON No. 5--Governing the Issuance and Tl'ansfer of 3.2 Beer Licenses. Series of 1969 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 licensing authority in regard to licensing of locations in the City of Wheat Ridge to sell 3.2 beer, and WHEREAS, rursuant to the said statute, the City Council has the power to adopt reasonable rules and regulations not inconsistent with the statute, and WHEREAS, j t is the desire and intention of the City Council to hereby adopt suer 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 locations of existing licenses, NOW, 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, in duplicate, on forms made available 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. B. A check in payment of City and State license fees and occupational tax fees. C. In the case of 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. In the case of a corporation, a copy of Articles of Incorp0ration, and if a foreign corporation evidence of qualificntion to do business in Colorado. E. In the case of existing buildings, a plan of the interior of the building; in the case of buildings not yet built, architectural plans and specifications for the building. PPE'(;..# $- ( ;i.) > , . II. INITIAL APPEARANCE BEFDRE CITY COUNCIL. A. The C:; ty 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 afier said Clerk has received the application. The applicant or his attorney shall be in attendance at the Council Meeting at which his appliC<ition is presented. This date of presentation of the application to the City Council shall be deemed the date of filing of the application. B. The Cjty Council shall set the boundaries of the neighborhood considered affected by the proposed location. 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 which date shall be r~ld not less than thirty days from the date of the Council Meeting at ~hich the date is set. III. PUBLIC NOTICE. The applicant shall cause to be posted and published public notice of hearing. A. The sign used for postin<] shall be of suitable 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 Jther 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 managec or other managing officers. B. The published notice shall contain the same information as that required for signs, md shall be composed of 8-point bold faced type set so as to be not less thin one column in width nor less than 6 inches in length. - 2 - "'1 ":}" '~.5 #s- c.a) . C. \",here 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 bui lding. If the building is not in existence at the time of the application, the sign shall be posted upon the premises upon wr,ich t.he b11ilding j.s 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 Wheat 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 and obtaining from the Federal Bureau of Investigation a r~port on the applicant. A written report of these findings shall be delivered by the Police Department to the City Clerk at least ten days prior to the hearing on the application. B. Not le;s than five days prior to the date of the 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 partLes. V. HEARIN'J. A. Rules of Procedure - The rules of procedure to be followed in conducting pub 1 ic he,-\rings shall be as Council adopts. B. Before entering any decision approving or denying the application, the City Council sha~l consider the following: 1. 'I'he desires of the inhabitants of the neighborhood as evidenced by petitions, remonstrances or otherwise. 2. Thp reasonable requirements of the neighborhood. 3. Thp rharacter and reputation of the applicant. 4. other pertinent facts and evidence affecting the qui.lifications of thE'> applicant. C. The decision of the City Council approving or denying the application shall be in writing statinq the reasons therefor and shall be issued within thirty di'Ys after the date of the public hearing. A copy of - 3 - ) '/~ G' ~' /\ ~ ~ ;;g-- ':> ( ~j such decision shall oe sent by certified mail to the applicant at the address shown in the application. D. In the C:1se of buildinqc; not yet in existence, where the City Council votes i'1 favor of issuancp of a license, the license shall not be issued until the building in which the business is to be conducted is ready for occupan:y, and then only 'lfter inspection of the premises has been made to det"'.nnine that the applicant has complied substantially with the architect I s drawings and plane; and specifications submitted I'lith the application. VI. CHANGE OF LOCATION OF EXISTING LICENSES. All of 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 nis license fees for the year in which the transfer is being attempted. VII. TWO (EAR L~IITATION. No application for issuance of a 3.2 beer license shall be considered by tJw City Council if an application for a similar type licen;e has been denied for the same location within the two years immediately pr'~ceding the date of the new application. ADOPTED BY THE WHEAT RIDGE CITY COUNCIL on the 16th day of September, 1969. ;Jjl; J()~~ Mayor ATTEST: fL~J~~ City Clerk , ( - 4 -