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HomeMy WebLinkAbout20243057.tiff2nd eyeading WELD COUNTY CODE ORDINANCE 2024-13 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 12 LICENSES AND PERMITS OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of 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 Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that Chapter 12 Licenses and Permits of the Weld County Code, be, and hereby is, repealed and re-enacted, with amendments, to read as follows. CHAPTER 12 LICENSES AND PERMITS ARTICLE II — Liquor Licenses and Permits, Fermented Malt Beverage Licenses, and Fermented Malt Beverage and Wine Licenses Amend Sec. 12-2-10. - Local Licensing Authority General Provisions. The Board of County Commissioners is Weld County's local licensing authority for the purpose of performing acts required of the local licensing authority in the Colorado Liquor Code, Article 3 of Title 44, C.R.S., the Colorado Beer and Wine Code, Article 4 of Title 44, C.R.S., and the Colorado Special Event Liquor Permits Code, Article 5 of Title 44, C.R.S., and as set forth in the Colorado Liquor Rules, 1 C.C.R. 203-2. A. The Clerk to the Board shall provide administrative support to the Board of County Commissioners in its' role as the local licensing authority, including, but not limited to, performing the following tasks: 1. Application review. The Clerk to the Board shall review all liquor, fermented malt beverage, fermented malt beverage and wine, permits (as listed under Section 12- 2-80 of the Weld County Code), and associated applications to determine completeness, including requiring applicants to submit to criminal history PAGE 1 2024-3057 ORD2024-13 background checks in compliance with the Criminal Justice Information Services (CJIS) Security Operations Guide, when applicable. Deficiencies in submittals shall be addressed with applicants. The Clerk to the Board shall collect all required fees. Weld County's fees for liquor, beer/fermented malt beverage and wine, permits, and associated applications are set forth in Appendix 5-H of this Code. 2. Scheduling of hearings. The Clerk to the Board shall schedule all necessary hearings for liquor, fermented malt beverage, fermented malt beverage and wine, permits, and associated applications. Initial hearings for new licenses shall include designation of the neighborhood to be served, designation of a Commissioner to inspect the premises and to review the neighborhood, and the setting of a date for public hearing. 3. Published notice. The Clerk to the Board shall publish all necessary notices of hearings for liquor, fermented malt beverage, fermented malt beverage and wine, and permit applications at least ten (10) days prior to the scheduled public hearing. 4. Sign notice. The Clerk to the Board shall provide the sign notice for all applicants to post, as required. Applicants shall be required to submit photographic evidence of the posting of notice to the Clerk to the Board. 5. Referrals. The Clerk to the Board shall send referrals regarding applications for new liquor licenses, new fermented malt beverage, fermented malt beverage and wine licenses, permits, transfers of ownership, transfers of location, associated applications, and renewals of existing licenses to the following: Department of Planning Services, Department of Public Health and Environment, Department of Public Works, Sheriffs Office, and the Office of the County Attorney. The Clerk to the Board shall send a referral to the Office of Emergency Management regarding applications for permits. 6. Inspections. For new license applications and transfer applications in which the premises have been modified, the Clerk to the Board shall assist the Commissioner designated to inspect the premises and to review the neighborhood. For other inspection needs, such as the modification of premises, the Board hereby delegates authority to the Clerk to the Board to inspect the premises. The Clerk to the Board shall complete a letter reporting findings of the inspection and review. The Clerk to the Board shall transmit a copy of such letter to the applicant at least five (5) days prior to the scheduled public hearing. B. As the local licensing authority for Weld County, the Board of County Commissioners reserves the right to: 1. Determine if an application for renewal of a liquor license received by the Clerk to the Board more than ninety (90) days, but not more than one hundred eighty (180) days after expiration of the liquor license, will be considered by the Board. 2. Consider applications for biennial renewal of a liquor license. Applicants whose licenses are licensed by both the State and Local Licensing Authorities pursuant PAGE 2 2024-3057 ORD2024-13 to Articles 3 and 4, Title 44, C.R.S., and are in good standing as defined by the Colorado Liquor Rules, 1 CCR 203-2: 47-303, and the Weld County Code, may request to renew their license for a two-year period on a biennial basis. A licensee granted a biennial license shall still pay the applicable renewal fees annually, but will only have to submit the application documents, as referenced in Section 12-2- 30 of the Weld County Code, every two years on a biennial basis, so long as the applicant and license remain in good standing with both the State and Local Licensing Authorities. The first fee payment must be submitted with the application to renew the license for a two-year period on a biennial basis. The second fee payment must be submitted by the date that is twelve months after the biennial license application is filed. Failure of the licensee to timely pay the second payment shall result in discipline of the license, which may include an administrative action, fine, suspension, or revocation of the license, and the licensee will no longer have good standing status. A licensee that falls out of good standing automatically has its' biennial renewal privilege revoked, must apply for a license renewal on an annual basis, and cannot apply for biennial renewal for two calendar years. 3. Issue a temporary permit to a transferee of any retail class of alcohol beverage license previously issued by the Board (with the exception of a liquor licensed drug store described in C.R.S. §44-3-303(2)). The temporary permit shall authorize a transferee to continue selling such alcohol beverages as permitted under the permanent license until such a time as the application for transfer of ownership of the permanent license is either granted or denied, or for one hundred twenty (120) days, whichever occurs first. The temporary permit may only be issued by the Board of County Commissioners if the applicant has filed with the Clerk to the Board a complete application for the transfer of ownership of the permanent license, has paid the temporary permit fee of one hundred dollars ($100.00), and has filed the application for the temporary permit no later than thirty (30) days after the filing of the application for the transfer of ownership. Application for the temporary permit must be considered by the Board of County Commissioners at the next regular meeting following receipt of the temporary permit application. Upon issuance, the transferee shall post notice of the temporary permit next to the permanent license posted within the licensed premises. The temporary permit may be canceled, revoked, or summarily suspended if the Board of County Commissioners determines that there is probable cause to believe the transferee has violated any provision of the Colorado Liquor Code or has failed to truthfully disclose those matters required pursuant to the application forms for transfer of ownership. Amend Sec. 12-2-20. - Standards for Issuance of Optional Premises Liquor Licenses. The following standards for the issuance of an Optional Premises Liquor License or Optional Premises for a Hotel and Restaurant Liquor License are adopted pursuant to C.R.S. §44-3-310. The standards are considered additional to all other standards applicable to the issuance of liquor licenses pursuant to the Colorado Liquor Code and the Colorado Liquor Rules. These two (2) types of licenses are collectively referred to in this Section as "Optional Premises License" unless specifically identified separately. PAGE 3 2024-3057 ORD2024-13 A. Eligible facility. An optional premises license may be approved for any facility that is located on or adjacent to an outdoor sports and recreational facility, as defined in C.R.S. §44-3-103(33). B. through D. — No change. E. Advance notification. Pursuant to C.R.S. §44-3-310(3) and (4), no alcohol beverages may be served on the optional premises until the licensee has provided written notice to the Clerk to the Board and the State of Colorado, Liquor Enforcement Division, forty-eight (48) hours prior to serving alcohol beverages on the optional premises. Such notice shall contain the specific days and hours during which the optional premises are to be used. Amend Sec. 12-2-30. - Application for Renewal. The Board of County Commissioners may set a public hearing on the renewal application if it finds probable cause to believe that any one (1) of the factors contained in Section 12-2-40 below exists. The following standards for the renewal of a liquor license, fermented malt beverage license, and fermented malt beverage and wine license are adopted pursuant to Articles 3 and 4, Title 44, C.R.S. A. Fees. Refer to Appendix 5-H — Fees for Liquor Licenses and Permits, Fermented Malt Beverage Licenses, and Fermented Malt Beverage and Wine Licenses, the Colorado Liquor Code, and the Colorado Beer and Wine Code. B. Grounds for Denial of a Renewal Application. The Board of County Commissioners may deny the renewal of a liquor license pursuant to Sections 12-4-40 and 50 below. C. Application Process. Applications for the renewal of a liquor license, fermented malt beverage license, and fermented malt beverage and wine license shall be made on a form provided by the state licensing authority, in addition to the fees provided in Appendix 5-H of the Weld County Code, the Colorado Liquor Code, and the Colorado Beer and Wine Code. Applications must be submitted to the Local Licensing Authority and, if approved, will be forwarded to the Colorado Department of Revenue, Liquor Enforcement Division, for secondary review. 1. Applications shall include: a. Colorado Retail Liquor License Renewal Application. i. If applying for a two-year renewal on a biennial basis, application must indicate so. ii. If licensee has previously been approved to submit renewal applications on a biennial basis, licensee must still submit applicable renewal fees annually. The first fee payment must be submitted with the application to renew the license for a two-year period on a biennial PAGE 4 2024-3057 ORD2024-13 basis. The second fee payment must be submitted by the date that is twelve months after the biennial license application is filed. b. Additional documentation required by Colorado Retail Liquor License Renewal Application, if applicable. c. Colorado Tax Check Authorization, Waiver, and Request to Release Information Form. d. Applicable fees. 2. Duties of the Clerk to the Board. The Clerk to the Board shall review applications for completeness, accept applications and corresponding fees, prepare applications for hearings held before the Board of County Commissioners, including providing a copy for review by referral agencies, send applications to the Colorado Liquor Enforcement Division for secondary review if approved, and disseminate approved permits. a. Upon receipt of a complete application, the Clerk to the Board shall compile the application packet and schedule a hearing, if applicable. b. The Clerk to the Board shall send referrals regarding renewal applications to the following: Department of Planning Services, Department of Public Health and Environment, Department of Public Works, Sheriffs Office, and the Office of the County Attorney. c. If no concerns with the renewal are expressed by a referral entity, or if the licensee has previously been approved to submit renewal applications on a biennial basis, it is the intervening year, and the referral entities had no concerns, the renewal of the existing license shall be placed on the Board of County Commissioners' Consent Agenda for approval. If a referral entity identifies a concern with the renewal of the existing license, the licensee has not previously been approved to submit renewal applications on a biennial basis, or the licensee is no longer in good standing with the Colorado Liquor Enforcement Division or the Local Licensing Authority, the Clerk to the Board shall schedule the renewal as an item of New Business for consideration by the Weld County Board of Commissioners at a regularly scheduled Board meeting. d. If the renewal application is approved as an item of New Business or via the Consent Agenda, as appropriate, the Clerk to the Board shall provide the original application and a copy of all supporting documentation to the Colorado Department of Revenue, Liquor Enforcement Division, for secondary review. e. If approved by the Liquor Enforcement Division, the Clerk to the Board shall provide one original Weld County Liquor License and one copy of the Liquor Enforcement Division Liquor License to the licensee, and shall PAGE 5 2024-3057 ORD2024-13 provide notice to the Weld County Sheriff's Office and the Office of the County Attorney that the license was approved. Amend Sec. 12-2-40. - Refusal to Renew; Public Hearing, Phase I. 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. Such consideration is denoted as Phase I of the public hearing: A. Evidence that the licensee or applicant has violated, does not meet or has failed to comply with any of the terms, conditions or provisions of this Article, the Weld County Code, or any rules and regulations promulgated pursuant the Colorado Beer and Wine Code or the Colorado Liquor Code. B. — No change. C. Evidence that the licensed premises have been operated in a manner that adversely affects the public health, welfare or safety of the immediate neighborhood in which the establishment is located, which evidence may include a continuing pattern of fights, violent activity, disorderly conduct, or violations of the Weld County Code. For purposes of this Paragraph C., disorderly conduct has the meaning as provided for in C.R.S. §18-9-106. D. — No change. E. 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 the licensee of the provisions of the Colorado Liquor Code, or any of the rules or regulations authorized pursuant to the Colorado Liquor Code or Colorado Beer and Wine Code, or any of the terms, conditions or provisions under which the license was issued. F. — No change. G. Evidence of persons being convicted under C.R.S. §42-4-1301, of driving under the influence of alcohol or driving while alcohol impaired after becoming intoxicated at said licensed premises. H. — No change. Amend Sec. 12-2-50. - Refusal to Renew; Public Hearing, Phase II. Phase II of such public hearing shall be a determination of whether the following items mitigate or aggravate the effects of the factors listed in Section 12-2-40 above, if any one (1) of the Phase I factors are found to exist; such factors to be considered in determining whether denial of renewal is justified: Remainder of Section — No change. PAGE 6 2024-3057 ORD2024-13 Amend Sec. 12-2-60. - Suspension or Revocation of License. After a public hearing has been held to determine whether there have been any violations by the licensee or by any of the agents, servants or employees of the licensee of the provisions of the Colorado Liquor Code, of 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 after a determination by the Board of County Commissioners that such violations did occur, the following factors will be considered to determine the sanction to be imposed: Remainder of Section — No change. Amend Sec. 12-2-70. - Vote by Board Members. A. Where only three (3) members of the Board of County Commissioners are present for the renewal, suspension or revocation hearing under the Colorado Liquor Code or Colorado Beer and Wine Code, the licensee may request a continuance to a hearing date at which additional members of the Board will be present. B. — No change. Add New Sec. 12-2-80. - Permits. The following standards for the issuance of a Special Event Permit, Festival Permit, Retail Establishment Permit, Bed and Breakfast Permit, and Takeout and Delivery Permit, are adopted pursuant to Articles 3 and 5, Title 44, C.R.S. A. Qualifying Applicants. The state and local licensing authority may issue the above listed permits for the sale, by the drink only, of malt, vinous, and spirituous liquors, to qualifying organizations, political candidates, and other applicants, as defined by the Colorado Liquor and Colorado Special Event Liquor Permits Codes. B. Grounds for Issuance. Pursuant to Articles 3 and 5, Title 44, C.R.S., the above listed permits may be issued for specific locations and are not valid for any other location, unless otherwise noted; can only be used for sales specified during the hours as authorized by the Colorado Department of Revenue, Liquor Enforcement Division; the state or a local licensing authority shall not issue a permit for more than the amount authorized per calendar year; no issuance of a permit shall have the effect of requiring the state or local licensing authority to issue such a permit upon any subsequent application by an organization; food may be required to be available during the hours of service of malt, spirituous, or vinous liquors. C. Fees. Refer to Appendix 5-H — Fees for Liquor Licenses, and the Colorado Liquor and Colorado Special Event Liquor Permits Codes. D. Grounds for Denial of Permits. The Board of County Commissioners may deny the issuance of a permit upon the grounds that the issuance would be injurious to the public welfare because of the nature of the event, its' location within the community, or the failure of the applicant in a past event to conduct the event in compliance with applicable laws. PAGE 7 2024-3057 ORD2024-13 1 In accordance with local Zoning laws, permits must be held on properties with land use permits authorizing the use. 2. The applicant must have the appropriate permits issued by the Weld County Department of Public Health and Environment prior to issuance. 3. During the referral period, as outlined under the following section, if any referral agency expresses concerns or further requirements to ensure the safety and welfare of the public, and the applicant has not addressed the concerns prior to the hearing to consider the application, the Board of County Commissioners may deny the permit. E. Application Process. Applications for permits shall be made on forms provided by both the state licensing authority and the local licensing authority, in addition to the fees provided in Appendix 5-H of the Weld County Code and the Colorado Liquor and Colorado Special Event Liquor Permits Codes. Applications for Special Event Permits, Festival Permits, and Retail Establishment Permits must be submitted to the Local Licensing Authority at least thirty (30) days prior to the event and, if approved, will be forwarded to the Colorado Department of Revenue, Liquor Enforcement Division, for secondary review. Applications for Takeout and Delivery Permits, and Bed and Breakfast Permits, if approved, will be forwarded to the Colorado Department of Revenue, Liquor Enforcement Division, for secondary review. 1. Applications shall include: a. Colorado Liquor Enforcement Division Form. b. Weld County Permit Questionnaire. c. Applicable fees. d. A diagram of the area to be licensed (not larger than 8 1/2" x 11", reflecting bars, walls, partitions, ingress, egress and dimensions). If application is for an event and the event is to be held outside, the application shall include evidence of intended control, i.e. fencing, ropes, barriers, etc. e. If application is for an event, a diagram of the vehicle parking plan, including size and location of lots, points of highway access and interior roads, and routes between roads/highways and parking lots. f. Copy of deed, lease, or written permission of owner for use of the premises. g. Certificate of good corporate standing (non-profit) issued by the Colorado Secretary of State within the last two years, or if not incorporated, a non-profit charter. If a political Candidate, copies of reports and statements filed with the Colorado Secretary of State. h. Copy of training certificates, if applicable. PAGE 8 2024-3057 ORD2024-13 i. Copy of food license and Temporary Event Food Permit, if applicable. 2. Duties of the Clerk to the Board. The Clerk to the Board shall review applications for completeness, accept applications and corresponding fees, prepare applications for hearings held before the Board of County Commissioners, including preparing public notice, if applicable, providing a copy for review by referral agencies, send applications to the Colorado Liquor Enforcement Division for secondary review if approved, and disseminate approved permits. a. Upon receipt of a complete application, the Clerk to the Board shall compile the application packet, schedule a hearing, and provide a notice of hearing sign to be conspicuously posted at the proposed location, if applicable. The applicant must provide two photos of the sign posting to the Clerk to the Board (one photo at a distance to demonstrate the sign is posted at the entrance to the property and one photo close enough to the sign to read it) at least ten (10) days before the scheduled hearing. The sign must remain posted until the hearing is concluded. b. If the permit application is the first application for the proposed location, the Clerk to the Board shall notice surrounding property owners (SPOs) within 500 feet of the proposed location at least ten (10) days prior to the scheduled hearing. c. If the permit application is for a repeated event/permit at the proposed location and there were concerns or complaints from the prior event/permit, the Clerk to the Board's Office shall notice SPOs within 500 feet of the proposed location at least ten (10) days prior to the scheduled hearing. d. The Clerk to the Board shall send referrals regarding applications to the following: Department of Planning Services, Department of Public Health and Environment, Department of Public Works, Sheriffs Office, Office of the County Attorney, and Office of Emergency Management. e. A public hearing before the Board of County Commissioners shall be required. f. If the permit application is approved at the hearing, the Clerk to the Board shall provide the original application and a copy of all supporting documentation to the Colorado Department of Revenue, Liquor Enforcement Division, for secondary review at least ten (10) days prior to the event, if applicable. The State Licensing Authority shall promptly act and either approve or disapprove the application. g. If approved by the Liquor Enforcement Division, the Clerk to the Board shall provide one original Weld County permit and one copy of the Colorado Liquor Enforcement Division permit to the permittee, and shall provide notice to the Weld County Sheriffs Office and the Office of the County Attorney that the permit was approved by both agencies. PAGE 9 2024-3057 ORD2024-13 Add New Sec. 12-2-90. - Criminal History Record Information (CHRI). Fingerprint -based CHRI checks will only be conducted as authorized by the Federal Bureau of Investigations (FBI) and Colorado Bureau of Investigations (CBI), in accordance with all applicable state and federal rules and regulations. If a liquor license applicant is required to submit to a fingerprint -based state and national criminal history record check, he or she shall be informed of this requirement and instructed on how to comply with the law. Such instruction will include information on the procedure for submitting fingerprints. In addition, the applicant will be provided with all information needed to successfully register for a fingerprinting appointment. Procedures are provided to guide the applicant through the fingerprinting process (IdentoGo Background Check Procedures). The Clerk to the Board uses the Criminal Justice Information Services (CJIS) Vendor, IdentoGo, for fingerprinting services. The Clerk to the Board shall maintain 'Weld County Clerk to the Board's Office Criminal Justice Information Services (CJIS) Security Operations Guide', which outlines the proper access, use, dissemination, storage, retention, sanitation, and disposal of CHRI, including information regarding the Weld County Board of Commissioners procedures for making determinations based on an applicant's CHRI, checks for outstanding warrants. Federal law prohibits the repurposing or dissemination of CHRI beyond its initial requested purpose. CHRI shall only be used for the specific purpose for which it was requested (liquor licensing) and will not be disseminated outside that purpose. ARTICLE VI - Public Dance Hall, Booth, Pavilion or Other Place Where Public Dances Are Held Amend Sec. 12-6-40. - Application, Notice, and Hearing. A. Application Process. Applications for County Dance Hall Licenses shall be made on forms provided by the Clerk to the Board, in addition to the fees provided in Appendix 5-H of the Weld County Code. B. Public notice shall be given of the public hearing to consider an application for a County Dance Hall License, pursuant to this Article, by the publishing of such notice in a newspaper of the Board of County Commissioners' choice for a period of not less than ten (10) consecutive days prior to the date of the public hearing. C. Inspections. For new license applications in which a license has not been issued previously, the Clerk to the Board shall inspect the premises to determine the extent to which the factors listed in Section 12-6-40.E of the Weld County Code below are met. The Clerk to the Board shall complete a letter reporting findings of the inspection and review. The Clerk to the Board shall transmit a copy of such letter to the applicant at least five (5) days prior to the scheduled public hearing. D. At the public hearing upon the application, the Board of County Commissioners shall consider the testimony of the applicant, any adjacent landowners, and the public, and consider any written or tangible exhibits submitted as evidence. PAGE 10 2024-3057 ORD2024-13 E. To grant the application, the Board of County Commissioners must find that the premises is a safe and proper place for the intended purpose, and that the public morals, public safety or public health of the community shall be satisfied by the issuance of the license. Such determination may include, but not be limited to, consideration of the following factors: 1. That the premises is equipped with sufficient water, lighting, parking, and restroom facilities to accommodate the number of persons expected to attend dances thereon. 2. through 4. — No change. F. Such notice and public hearing shall not be required for license of a place, building or premises for which a valid license was in effect pursuant to this Article during the calendar year immediately preceding the date of the submittal of the current application. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. PAGE 11 2024-3057 ORD2024-13 The above and foregoing Ordinance Number 2024-13 was, on motion duly made and seconded, adopted by the following vote on the 2nd day of December, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Kevin D. Ross, Chair Weld County Clerk to the Board Perry L. Buck, Pro-Tem BY: Deputy Clerk to the Board Mike Freeman APPROVED AS TO FORM: Scott K. James County Attorney Lori Saine Date of signature: First Reading: November 4, 2024 Publication: November 8, 2024, in the Greeley Tribune Second Reading: November 18, 2024 Publication: November 22, 2024, in the Greeley Tribune Final Reading: December 2, 2024 Publication: December 6, 2024, in the Greeley Tribune Effective: December 11, 2024 PAGE 12 2024-3057 ORD2024-13 Hello