HomeMy WebLinkAbout20191366.tiffARTICLE II — Liquor, and Beer Licenses, and Special Events Permits.
Sec. 12-2-10. — Local licensing authority.
The Board of County Commissioners s -h -l-I—a as— he is Weld County's local licensing
authority pursuarit to -for the purpose of performing acts required of the local licensing authority
the Colorado Liquor Code, Article 3 of Title 44, C.R.S., the Colorado Beer Code, Article 4 of Title
44, C.R.S., and the Special Events Code, Article 5 of Title 44, C.R.S., and as set forth in the
Colorado iquor Rules, 1 C.C.R. 203-2.to ho pub #- aci-n-g-s-on-t e— us n -s -ion or revocation
of arp ent,nse-i-ssauediThlay _ it, and -to conduct -sad -other us1-- ess--aut h on -Bea-rel-u-neer-the
L -uar Copt.
A. The Clerk to the Board shall provide administrative support to the Board of County
Commissioners in its role as local licensing authority, including, but not limited to,
performing the following tasks:
1. Application review. The Clerk shall review all lic uor, beer, and special
events applications to determine completeness. Deficiencies in submittals
shall be addressed with applicants. The Clerk shall collect all recuired fees.
Weld County's fees for liquor, beer and special events applications are set
forth in Appendix 5-H of this Code.
2. Scheduling=hearings. The Clerk shall schedule all necessary hearing!
for liquor, beer and special events 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 shall publish all necessary notices of hearings
for liquor, beer and special events applications at least ten (10) days prior
to the scheduled public hearing.
4. Sign notice. The Clerk shall provide the required sign notice for all
applicants to post. Applicants s'iall be required to submit to the Clerk
photographic evidence of the posting of notice and a signed and notarized
affidavit which swears to the date and time of the posting.
Referrals. The_Cerk shall send referrals regarding_ applications for new
liquor and beer licenses, special events permits, transfers of ownership,
transfers of location, and renewals of existing licenses to the following:
:Department of Planning Services, Department of Public Health and
Environment, Department of Public Works, Sheriff's Office, and Office of
the County Attorney. The Clerk shall send a referral to the Office of
Fmergency Management regarding applications for special events permits.
Letter re porting findings of inspection and review. The Clerk shall assist the
Commissioner designated to inspect the premises and to review the
neighborhood in completing a letter reporting findings of the inspection and
review. The Clerk 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 oy 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. 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
figuor licensed drug store described in C.R.S. :44-3-303(2)}. The
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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 an application for 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.
(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2019-4)
Sec. 12-2-20. — 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:
A. Seriousness of the violation in terms of the affront to the public.
B. Corrective actions taken by the license holder.
C. Prior violations and offenses at the licensed premises and effectiveness of prior
corrective action.
D. Prior violations and offenses by the licensee.
E. Violation as a repeated course of conduct or as a single event.
F. Likelihood of recurrence.
G. All circumstances surrounding the violation.
H. Willfulness of the violation.
I. Hardship on the licensee of the penalty imposed.
J. Length of time the license has been held by the licensee being disciplined.
K. Previous sanctions imposed against the licensee.
L. Other factors making the situation unique to the licensee or premises subjected to
discipline.
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(Weld County Codification Ordinance 2000-1)
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. Fees for .2% beer ar liqua4censes may -be found -en Aopendix 5-H.
(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-3; Weld
County Code Ordinance 2019-4)
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, or any rules and
regulations promulgated pursuant the Colorado Beer Code or the Colorado Liquor Code.
B. Evidence that the licensee or applicant has failed to comply with any special terms or
conditions that were placed on its license in prior disciplinary proceedings or arose in the
context of potential disciplinary proceeding.
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 must include a continuing pattern of fights,
violent activity or disorderly conduct. For purposes of this Paragraph C, disorderly
conduct has the meaning as provided for in Sectio-n C.R.S. §18-9-106, C.R.S.
D. Evidence that the licensee is no longer of good character.
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 any of the terms, conditions or provisions under which the
license was issued.
F. Evidence showing excessive noise, rowdiness or disturbances on a continuous basis in
the immediate area of the licensed premises which were substantially as a result of the
operation of the licensed premises.
G. Evidence of persons being convicted under Section C.R.S. §42-4-1301a of
driving under the influence of alcohol or driving while alcohol impaired after becoming
intoxicated at said licensed premises.
H. Evidence that the reasonable requirements of the neighborhood are not being met.
(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-3; Weld
County Code Ordinance 2004-3; Weld County Code Ordinance 2019-4)
Sec. 12-2-50. — Refusal to renew; public hearing, Phase II.
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Phase Il 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:
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 violations, offenses, or occurrences.
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.
(Weld County Codification Ordinance 2000-1)
Sec. 12-2-60. — 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, the licensee
may request a continuance to a hearing date at which additional members of the Board will
be present.
Where four (4) members of the Board of County Commissioners 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.
(Weld County Codification Ordinance 2000-1)
Sec. 12-2-70.
to
Standards for issuance of Optional Premises Liquor Licenses.
previously iss u e-ed
selling such alcohol beverages as permit'
application for t -r
wed -t
I -
etail class o a,
transferee to continue
#il such time as the
n ied , or tOr
ad
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thirty (30) da - fta eai- g
tee- -p or -a s'Voe GORE -I-
-meeting faRo ving recei-pt of the-ternpora 9
on fee -the transfs s Api ication for the
o -a -rd ---of C o u-Rty -C -m,+ s-ai o n e rs at -the -next regular
t -e -n. Upon issuance, the transferee shall
temporary permit nexit to the permanent ensed
premises. The temporary permit may be canceled, revoked or su, a l -su ended he 'so
d-eterm-n�s- -hat there is probable ca se t e't r reree has
vision of the Q -o l -ra-d-o-L-u°or Cooruthfullyllsclose those matters
required pursuant t h -apjaH a-t4e-n-forms for transfer of wners-p
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.
A. Eligible facility. An Optional Premises License may only -be approved for any facility
when that premise is located on or adjacent to an outdoor sports and recreational
facility, as defined in C.R.S. §44-3-103(33).
recreational fasidered for an Optional P -remises License
include the following:
1. _
fed buildings.
¢erence center.
3. An arena.
4. An establishment providingprovicling±agriculturakent
5. A horse tra flr �/_racinq faCIIIt' -_
6. A motocross facility.
B. No minimum size. There is no minimum size restriction for the outdoor sports and
recreational facility to be eligible for the approval of an Optional Premises License.
However, the Board of County Commissioners may consider the size in
relationship to the number of optional premises locations requested for the facility.
C. Number of optional premises. There are no restrictions on the number of optional
premises locations which any one licensee may have on his or her outdoor sports
or recreational facility. However, any applicant requesting approval of more than
one (1) optional premises location shall demonstrate the need for each optional
premises location in relationship to the operations of the outdoor sports and
recreational facility and the activities of its guests.
Submittal requirements. When submitting an application of an Optional Premises
License, in addition to meeting the application requirements set by the State of
Colorado, the applicant shall submit:
1. A map of other drawing illustrating the outdoor sports and recreational
facility boundaries and the approximate site of each optional premises
location requested. Such optional premises locations shall be numbered
and shown in such a manner as to clearly depict the area encompassed in
each location. After license approval, the applicant shall update the map or
drawing on an annual basis.
A description of the method which shall be used to indentify the boundaries
of the optional premises locations when in use.
A description of the provisions which have been made, including locations,
for storing malt, vinous and spirituous licuors in a secured area on or off
the optional •remises for use on the o •tional •remises. After license
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approval, the applicant shall update the description upon the provisions for
storage being changed.
4. If the applicant does not own the proposed optional premises, a notarized
written statement by the owner of the premises approving the application
SOU
g
ht.
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.
(Weld County Codifications Ordinance 2003-6; Weld County Code Ordinance 2019-4)
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