HomeMy WebLinkAbout850700.tiff AR1999895
ORDINANCE NO. 102-A
IN THE MATTER OF ESTABLISHING GUIDELINES FOR THE REFUSAL TO RENEW
A LIQUOR LICENSE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, COLORADO, THAT WELD COUNTY ORDINANCE NO. 102 IS AMENDED TO
INCLUDE THE FOLLOWING ADDITIONS:
WHEREAS, the Colorado Liquor Code provides that the local
licensing authority may refuse to renew any license issued by it
for good cause, subject to judicial review, and
WHEREAS , the Colorado Liquor Code provides that the local
licensing authority may cause a hearing on the application for
renewal to be held, so long as notice of hearing has been
conspicuously posted on the licensed premises for a period of ten
(10) days and notice of the hearing has been provided the
applicant at least ten (10) days prior to the hearing, and
WHEREAS, the Colorado Liquor Code does not provide any
guidelines for the determination of whether a hearing on the
renewal application should be held, or for the determination of
whether good cause exists to refuse the renewal of the license.
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Weld County, Colorado, that Weld County Ordinance
102 is hereby amended to include the following additions :
BE IT FURTHER ORDAINED that the Board of County Commissioners
of Weld County, Colorado, acting as the local licensing authority
in Weld County, pursuant to the Colorado Liquor Code , may set a
public hearing in the renewal application if it finds probable
cause to believe that any one of the factors 1 through 4 herein
mentioned exists , and
BE IT FURTHER ORDAINED that the Board of County Commissioners
may consider the following factors in a public hearing to
determine if good cause exists to refuse the renewal of any liquor
license, and such consideration is denoted as Phase I of the
public hearing:
1 . Whether there have been any violations in the last
one-year period by the licensee or by any of the agents, servants ,
or employees of this licensee of the provisions of the Colorado
Liquor Code , or any of the rules or regulations authorized
pursuant to the Colorado Liquor Code or any of the terms,
conditions, or provisions under which the license was issued.
B 1059 REC 01999895 02/26/85 10: 07 $0 . 00 1/003
F 1314 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
850700
(
2 . Evidence showing excessive noise, rowdiness, or
disturbances on a continuous basis in the immediate area of the
licensed premise which has been substantially a result of the
operation of the licensed premise.
3 . Evidence that a person or person (s) convicted under
§42-4-1202 , CRS , of driving under the influence of alcohol or
driving while ability impaired did become intoxicated at said
licensed premise.
4 . Evidence that the licensee is no longer of good
character.
BE IT FURTHER ORDAINED that Phase II of such public hearing
shall be a determination of whether the following items mitigate
or aggravate the effects of the four factors listed above, if any
one of the Phase I factors are found to exist, such factors to be
considered in determining whether denial of renewal is justified:
a. Seriousness of the factor in terms of the affront to the
public.
b. Corrective actions taken by the license holder.
c. Prior violations, offenses, and occurrences at the
licensed premises and effectiveness of prior corrective
action.
d. Prior violations and offenses by the licensee.
e. Violation, offense, or occurrence as a repeated course
of conduct or as a single event.
f. Likelihood of recurrence.
g. All circumstances surrounding the violation, offense, or
occurrence.
h. Willfulness of violation (s) , offense (s) , or
occurrence (s) .
i. Length of time the license has been held by the licensee
being disciplined.
j . Previous sanctions imposed against the licensee.
k. Other factors making the situation unique to the
licensee or premises subjected to discipline.
B 1059 REC 01999895 02/26/85 10 : 07 $0 . 00 2/003
F 1315 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ,
BE IT FURTHER ORDAINED that this Ordinance shall take effect
five (5) days after its final publication, as provided by Section
3-14 (2) of the Weld County Home Rule Charter.
The above and foregoing Ordinance 102-A was, on motion duly
made and seconded, adopted by the following vote on the 25th day
of February , A. D. , 1985 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: ` aii WELD COUNTY, COLORADO
Weld County, Jerk and Recorder .
and Clerk to the Board £'tSer, Pro-Tem
u ine J son, Chairman
�
�y
APPRO D A
C7 `/cam•
.-7Y C. W.
County ttorney
o .
/
K
Frank Y uchi
First Reading: January 23 , 1985
Published: January 31 , 1985 , in the La Salle Leader
Second Reading: February 11 , 1985
Published: February 14 , 1985 , in the La Salle Leader
Final Reading: February 25 , 1985
Published: February 28 , 1985 , in the La Salle Leader
Effective : March 5 , 1985
B 1059 REC 01999895 02/26/85 10 : 07 $0. 00 3/003
F 1316 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
a Seriousness of the factor in
ORDINANCE NO.102-A .. of the affront to the public.
'.N THE MATTER OF ESTAB- rrective actions taken by the
LISHING GUIDELINES FOR THE -tense holder.
REFUSAL TO RENEW A LIQUOR
LICENSE. c. Prior violations, offenses,and
• occurrences at the licensed pre
BE IT ORDAINED BY THE anise and effectiveness of prior
Affidavit of Publication BOARD OF COUNTY COMMIS- rinse
effects
1�• l Publication STONERS OF WELD COUNTY
COLORADO, THAT WELD d.Prior violations and offenses by
• COUNTY ORDINANCE NO. 102 IS the licensee.
AMENDED TO INCLUDE THE
STA= CF COI-ORA:C. FOLLOWING ADDITIONS: e. Violations, offense, or
ss. occurrence as a repeated course of
County ci Weld. WHEREAS,the Colorado Liquor conduct or as a single event,
Code provides that the local licen-
song authority may refuse to renew f Likelihood of recurrence-
any license issued by it for good
L Paul Massey- p( cause, subject to judicial review, g All circumstances surrounding
and the violations, offense, or occur-
said County ci Weld. being duly swam. say that rence.
WHEREAS, the Colorado Liquor
( am QubinMt Cl Code provided that the local licen- h. Willfullness of violations(s),
sing authority may cause a hearing oftense(5l, ar occurrence(s).
La.Salle Leader on the application for renewal to be
held, so long as notice of hearing i. Length of time the license has
that the same is a weekly newspaper of general has been conspicuously posted on been held by the licensee being
the licensed premises for a period disciplined.
air:Watson IGROn GO panted and Fuo'ushed at the of ten (101 days and notice of the
La Salle hearing has been provided the I previous sanctions imposed
town at applicant at least ten (10) days against the licensee.
in sold county and state. that the noon or =rear. prior to the hearing, and
k. Other factors making the
tisemert. ci which the annexed is C line nay. WHEREAS,the Colorado Liquor situation unique to the licensee of
Code does not provide any guide- premises subjected to discipline.
has been published in said wetly newspaperlines for the determination of
three whether a hearing on the renewal BE IT FURTHER ORDAINED
for �� �m� application should be held, or for that this Ordinance shall take effect
weeks, that the notice w•as published in the the determination of whether good live(5)days after its final publica-
cause exists to refuse the renewal Lion,as provided by Section 3-14(2)
regular and emce issue of every number ci acid of the license. of the Weld County Home Rule
newspaper dung the prod and time et puhlt Charter.
NOW, THEREFORE, BE IT
cation el sctd notice and in the newspaper ORDAINED by the Board of County The above and foregoing
proper end nut in a supple.nent thereof: that the Commissioners of Weld County, Ordinance 102-A was, on motion
Colorado, that Weld County Ordi- duly made and seconded, adopted
first publication of said nonce was caNmned in nance 102 is hereby amended fo by the following vote on the day
the issue
issue of send, newspaper .crinc date time include the following additions: of -_..-• A-D., 1985.
_31day of January AZ., IS " .._ BE IT FURTHER ORDAINED BOARD OF COUNTY
that the Board of County Commis- COMMISSIONERS
and the last publication thereof, in Ne issue et stoners of Weld County, Colorado, WELD COUNTY,COLOR ADO
sad newspaper MQrng date, to day cf
zL • acting as the local licensing author-
-F'ebru?rY8� sty in Weld County,pursuant to the Jacqueline Johnson,Chairman
19-2• that the said Colorado Liquor Code, may set a Gene R.Brantner,Pro-Tem
public hearing in the renewal C.W.Kirby
• application if it finds probable Gordon E.Lacy -
cause to believe that any one of the Frank Yamaguchi
La Salle Leader factors 1 through 4 herein mention-
ed exists, and :.:TEST:
has been punliined continuously and =interrupt. .veld County Clerk and
edly during the peened of at least tiny-two eon. BE IT FURTHER ORDAINED :ecorder and Clerk to the
that the Board of County Commis- .,card
lenitive weeks nen prior Io :he first =Sue There:: sinners may consider the following
factors in a public hearing to containing sad notice or advertisement above determine if good cause exists to ,,.pity County Clerk
reierrsd tar and that said newspc:et was at Inc refuse the renewal of any liquor
time of each of the publications of said ncfsat,
license, and such consideration is .',PROVED AT TO FORM:
denoted as Phase 1 of the public
duly qualified for that aurpcse within :he mean hearing' aunty Attorney
in; Oi co act entitled. -An Act Concerning .pal I.Whether there have been any ,rst Reading: January 23, 1985
Notices. Advertisl9ens and Publications. CRC violations in the last one-year Published: January 31,1985,infhe
period by the licensee or by any of La Salle Leader
site Fees ci ',:Slip and plbluhera Ihera=f, and the agents,servants,or employees
to Repeal all Acts and parts et Acts :n Conflict of this licensee of the provisions of Second Reading: February 11,1985
with the Provisions of this Act- approved April 2'
the Colorado Liquor Code,or any of Published: February 14, 1985, in
the rules or regulations authorized he La Salle Leader
1921. and all amendments thereof. and pamein pursuant to the Colorado Liquor Final Reading: February 25, 1985
Code or any of the terms, condi-
fatly as amended by an cat =proved. ffa:e1 an.. finds,or provisions under which the Published: February 28, 1985, in
1923. and an act CPr:ve1 May ;1,1 1931, license was issued. the La Salle Leader
/,� 2. Evidence showing excessive Effective: March 5, 1985
/ C172/
noise, rowdiness, or disturbances
, � i//•� 1� «. on a continuous basis in the Published in the La Salle Leader
$6 ' blisn/er immediate area of the licensed on Thursdays, January 31, Feb-
(
premise which has been substanti- ruary 14 and 28, 1985.
ally a result of the operation of the
Subscribed yid sworn to yg b else me this licensed premise.
day of A._,... 19 X� 3. Evidence that a person or
person(s) convicted under 542-4-
• 1202, CRS, of driving under the
w (R�/7� ���- influence of alcohol or driving while
{' /tiff /o � ability impaired did become intend-
/ —
cated at said licensed premise.
1.1v LOnt.^..folic❑ ei�L•es // — /� 4.Evidence that the licensee is no
Notary Y4G:e longer of good character.
BE IT FURTHER ORDAINED
ELIZABETH MASSEY that Phase II of such public hearing
eA shall be a determination of whether
220.19 VV/ J-tr C,RD. the following items mitigate or
aggravate the effects of the four
GREELEY, Co 80631 factors listed above, if any one of
the Phase I factors are found to
exist,such factors to be considered
in determining whether denial or
1 renewal is justified:
Hello