[Ord. No. 2017-146, 5-1-2017]
The Town Council shall be known as the Local Licensing Authority. The Local Licensing Authority shall have all the power and authority granted to local licensing authorities by the state liquor laws.
[Ord. No. 2017-146, 5-1-2017]
As used in this Article, the following words and phrases shall have the following meanings:
Means an application for a local liquor license or permit that may be granted or denied administratively by the Town Clerk pursuant to Section 6-175 of this Article.
Means a person or entity applying for a local liquor license or permit.
If an individual, the person making the application.
If a partnership, the partnership and each partner owning ten percent (10%) or more of the partnership.
If a corporation or other legal entity licensed by the Colorado Secretary of State, the corporation and each and every officer, director, manager or stockholder holding ten percent (10%) or more of the stock therein.
Means an applicant that has been issued a liquor license pursuant to the state liquor laws.
Means any license or permit required by the state liquor laws.
Means the Town Clerk for the Town or such person as may be assigned by the Town Clerk to perform the functions or duties required under this Article.
[Ord. No. 2017-146, 5-1-2017]
In addition to any state liquor laws, the provisions contained in this Article shall govern matters related to liquor licensing. If any of the provisions contained herein conflict with any provision of the state liquor laws, the state liquor laws shall govern.
[Ord. No. 2017-146, 5-1-2017]
(a)
Applications. All applications for liquor licenses shall be filed with the Town Clerk. The application shall be submitted on the state license application form and shall be filled out and completed in all material details. Incomplete application forms shall be rejected.
(b)
Fees.
(1)
License fees. At the time of submitting the application, the applicant shall pay a license fee to the Town in the amount set by the state liquor laws.
(2)
Application fees. At the time of submitting the application, the applicant shall also pay an application fee to the Town to defray the actual and necessary expenses incurred by the Town to process the application. The amount of the application fee shall be an amount equal to the maximum amount authorized by the state liquor laws, as amended from time to time.
[Ord. No. 2017-146, 5-1-2017]
(a)
Town Clerk Administrative Authority. Subject to the applicant's right of appeal to the Local Licensing Authority, the Town Clerk is authorized to act as the local licensing authority and process and issue the following administrative applications:
(1)
Annual license renewals required by the state liquor laws, provided that the licensee has no pending actions, is not the subject of any official investigation and has not had any adjudicated violations or stipulations within the preceding year;
(2)
Changes in shareholders, officers, directors or trade names of a licensee, provided that any investigation conducted by the Town does not reveal information that may reasonably form the basis of a determination that the applicant is not qualified to hold the respective license;
(3)
Changes in the registered manager of a licensee, provided that any investigation conducted by the Town does not reveal information that may reasonably form the basis of a determination that the proposed manager is not qualified to hold the position;
(4)
Modification of premises pursuant to and in compliance with Colorado Liquor Regulation Section 47-302, as amended, provided that any investigation conducted by the Town does not reveal information that may reasonably form the basis of a determination that the premises should not be modified;
(5)
Issuance of special events permits to applicants who have not previously been granted a special event permit pursuant to Article 48 of Title 12, C.R.S., provided that there are no persons filing a written objection to said permit;
(b)
Town Clerk discretion. In the Town Clerk's discretion, the Town Clerk may refer any licensing determination authorized under Section (a) to the Local Licensing Authority.
(c)
Appeals to Local Licensing Authority. Within thirty (30) days of the Town Clerk's final determination of an administrative application, the applicant may file a written appeal to the Local Licensing Authority.
[Ord. No. 2017-146, 5-1-2017]
(a)
Public hearings and determinations. The Local Licensing Authority shall conduct public hearings as required by the state liquor laws and determine all matters not authorized to be determined pursuant to an administrative application.
(b)
Appeals. The Local Licensing Authority shall determine all appeals of administrative applications.
(c)
Public notice. The Local Licensing Authority shall cause to be posted and published public notice of any hearing as required by the state liquor laws.
(d)
Local Licensing Authority powers. The Local Licensing Authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books and records necessary to the determination of any matter subject to a public hearing. It shall be unlawful for any person to fail to comply with any subpoena issued by the Local Licensing Authority in the proper conduct of its hearings. The Municipal Court may enforce the subpoenas of the Local Licensing Authority.
(e)
Deliberations. The Local Licensing Authority may continue any hearing from time to time as may be required to gather necessary facts and evidence and to permit witnesses to testify. Before entering any decision on any matter before it, the Local Licensing Authority shall consider the facts and evidence adduced as a result of the investigation and adduced during the public hearing.
(f)
Decisions. The Local Licensing Authority shall render its decision no later than thirty (30) days following the conclusion of a public hearing.
(g)
Written order. The Town Clerk shall send a written copy of the Local Licensing Authority's decision and the reasons for the decision to the applicant at the address shown on the application, and to any other party in interest upon written request.