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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Code, be, and hereby is, repealed and re-enacted, with amendments, to read as follows.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
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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
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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