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F 0243 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
ORDINANCE NO. 102-B
IN THE MATTER OF AMENDING GUIDELINES FOR THE REFUSAL TO RENEW A
LIQUOR LICENSE AND FOR SUSPENSION OR REVOCATION OF A LIQUOR
LICENSE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, COLORADO:
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Colorado Liquor Code provides that a 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 suspend or revoke any license issued by it
for any violation by the licensee or by any agents, servants or
employees of such licensee under the provisions of the Colorado
Liquor Code or any of the rules or regulations authorized pursuant
to the Colorado Liquor Code or of any of the terms, conditions or
provisions under which the license was issued, and
WHEREAS, Ordinance No. 102 , pertaining to guidelines for the
suspension or revocation of a liquor license and Ordinance No.
102-A, pertaining to the refusal to renew a liquor license, do not
address the issue of procedures if less than the full Board is
present, and
WHEREAS, the Weld County Home Rule Charter requires a vote of
at least three Commissioners to sustain any motion, including that
to suspend, revoke or renew a liquor license, and
WHEREAS, an emergency exists in that the matter of
establishing guidelines for circumstances where less than the full
Board is present must be resolved prior to the holding of a
hearing scheduled for September 18, 1985 .
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Weld County, Colorado, that Weld County Ordinance
No. 102 as amended by the additions under Weld County Ordinance
No. 102-A pertaining to procedures for suspension or revocation
of a liquor license and for the refusal to renew a liquor license
shall be amended to include the following provisions:
1 . That where only three members of the
Board of County Commissioners are present
for the renewal, suspension or revocation
850701
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F 0244 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
PAGE 2
Ordinance No. 102-B
hearing under the Colorado Liquor Code,
the licensee may request a continuance to
a hearing date at which additional
members of the Board will be present.
2 . Where four members of the Board are
present, the hearing shall proceed, at
the discretion of the Board, provided
that if any vote on the ultimate issues
of suspension, revocation, or renewal
results in a 2-2 tie vote, the hearing
shall be adjourned until such time as the
fifth Commissioner has had an opportunity
to review the record.
BE IT FURTHER ORDAINED that an emergency exists which
requires that this matter of establishing guidelines for
circumstances where less than a full Board being present be
available for the use of the Board of County Commissioners prior
to a hearing set for September 18 , 1985 , and
BE IT FURTHER ORDAINED that this Ordinance No. 102-B is
declared to be an emergency ordinance under the provisions of
Section 3-14 of the Weld County Home Rule Charter.
The above and foregoing Ordinance No. 102-B was, on motion
duly made and seconded, adopted by the following vote on the 11th
day of September, �Aj.D. , ..1{�985.
ATTES 21fl i�dA!/LQ/l4lirJ BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld , CIerkc-'and Recorder
and C q the Boa r °
e ne Jo n on, Chairman'ifete' I ouwty Cl k ene R. Brantner, Pro-Tem
APPROV D TO FORM.
Co W. I r
ounty Attor f1,71/144:417\-
Go cy
Frank Yam guc
�?
Read and Approved: September 11 , 1985
Published: September 19 , 1985 , in the Johnstown Breeze
AFFIDAVIT OF PUBLICATION
" ME�REFORE BE IT
tasy Board of -. THE JO NBREEZE
Minh
m rte`s of Weld STATE OF COLORADO 1
eau Catersoe, that Weld
ti n ax g� 4 1 SS
A Ortlirtit"ae•Iao.tO2• -' COUNTY OF WELD 1
OK i oftres f°A I,Clyde Briggs, do solemnly swear that I
lquortcaneeanal retinal am publisher of The Johnstown Breeze;
M •; to rerrar't'allbe that thesame is a weekly newspaper
t f.' 'r \,,:-.H.1,41., '- a theftedowing
etas
-,;' -x " ' led a • printed, in whole or in part, and published
1. That where only three in the County of Weld, State of Colorado,
dt„he.Board of County
s* and has a general circulation therein; that
"' r^�� the renewet' suspender or said newspaper has been published
3 r,•m` reuoeatlon hewing under the continuously and uninterruptedly in said
Fonda liquor code, the
WHEREAS: the Bored of licensee me,request a con- County of Weld for a period of more than
County Commiswgnen el. Weld tlnuent» to a hearing date at
County,•Bigotodo, potation to
which addliwnatrMmbero of she fifty-two consecutive weeks prior to the
nty� HOMO_t wel ' Board wilt,be present. first publication of the annexed legal notice
cotoraga vested 'mot r• 18 2. Where four,membeisof the or advertisement; that said newspaper has
the aors of of p are Present, the hearing of
administering the affairs of Weldthebeen admitted to the United States mails as
County. Colorado and. .
the doerd,vote ea the ultim
providedtee Wav of second-class matter under the provisions of
WHEREAS, Colorado ado aueapenlon, `tire of the Act of March 3, 1879, or any
Liquor Coovtdaa that a local
licensing ty mint refuse to the,,hating shadtle in ur°es amendments thereof, and that said
renew amp license issued by it for u nNdng, tint• he she fiftd.
good causer..Slibiect to judicial ° - sine Wt. -fan newspaper is a weekly newspaper duly
renew, and
rites ag had a" qualified for publishing legal notices and
r to ravtew the recd d g
WHEREAS We Colorado BE IT FURTHER ORDAINED advertisements within the meaning of the
Liquor Code proved* that the • that an emerrgpesnnceyy estate which laws of the State of Colorado.
local 'licenging authority may require* that....this matter of
suspend or.revoke any,;license establishing guidelines for dr- That the annexed legal notice or advertise-
issued by it•tor any violation by cumstancea whet lase then Y me licensee or by,arty agents. • full Board being present be,,,/ merit was published in the regular and
servants or employees of such available for the use of the Board entire issue of every number of said weekly
licensee Pryer the provision of of County Commissioners priorto the Colorado Liquor
,Code or any a hearing set for September 18, newspaper for the period of consecu-
of thezed onto*regulations 1985, and -
Colorado Liquor de or of any . BE IT FURTHER ORDAINED live insertions;tionS; and that the first
of the [sans conditions or that this Ordinance No. 102-B is publication of said notice p was in the issue of
provisions ended. Which the declared to be an emergency said newspaper dated J/`f.., A.D. Hi.13
licens$'ay'is'issued,'and ordinance under the provisions of
Section 3-14 of the Weld County and that the last publication of said notice
WHEREAS Ordinance No. 102, Home Rule Charter. was in the issue of said newspaper dated
pertaining to guidelines for the'
suspension or revocation of a The above and foregoing A.D. 19
liquor license and Ordinance No Ordinance No. 1O2-B was, on In witness whet of I have hereunto. set
102-A. pertaining to the refusal: motion duly made and seconded, •to renew a liquor license, do not adopted by the following vote on my hand this ...1
address the issue of procedures ,, clay of .M oT
if less„thaw.:the-fug-Board. is A.D. 19.<:r
preserlkt, aft&
WHEREAqS, the Weld County
Home Ruse Charter requires a - ---- //
vote or at least three Commis- - .. ...
sioner° to sustain any motion, - Publisher
includingthat to suspend,revoke the 11th day of Se
or renew a liquor 1885.
license, and pt ember,AU:,
WHEREAS, an emergency ATTEST: Ma
exists in that the matter of Weld Country A"" Feu eratein - Subscribed and sworn to before me, a
establishing guidelines for. or- Y Clerk and
cumstances where less than the Recorder and Clerk Notary Public in and for the County of
full Beard ta present must be to the Board Wel , St to of Colorado, this . / .. day of
resolved prior to the holding ohs yr �•
hearing scheduled for September BY. Tommie Antuna A.D. 19 de:*—...
18, 1885. .Deputy County Clerk...
•
Asa. County-
-A TO FORM:. (r711-1'
_��J Nl... r�t'lu�v'.
Lee D Morrison I"• ••
Asst County-Attorrnsy .... ... c
BOARD OF CONEUNTY Notary Public.
WELDCOM COUNTY SCOk •
Rive rte cs rs My commission expires
&eptae�tr
•
.ttorddrt L �., My Ccmtnissiu., ._ .iris June 14, 1787
y'prent yaat l - 2 South Parish Avenue
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