HomeMy WebLinkAbout20191636.tiffWELD COUNTY
CODE ORDINANCE 2019-04
4-/a-9/02-0/
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 certain existing Chapters of the Weld County Code be,
and hereby are, repealed and re-enacted, with amendments, and the various Chapters are
revised to read as follows.
CHAPTER 12
LICENSES AND PERMITS
Amend ARTICLE II — Liquor and Beer Licenses, and Special Events Permits.
Amend Sec. 12-2-10. Local licensing authority.
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 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 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 local licensing authority, including, but not limited to, performing
the following tasks:
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1. Application review. The Clerk shall review all liquor, beer, and special events applications
to determine completeness. Deficiencies in submittals shall be addressed with applicants.
The Clerk shall collect all required fees. Weld County's fees for liquor, beer and special
events applications are set forth in Appendix 5-H of this Code.
2. Scheduling of hearings. The Clerk shall schedule all necessary hearings 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 shall 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.
5. Referrals. The Clerk 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
Emergency Management regarding applications for special events permits.
6. Letter reporting 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 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.
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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 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 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.
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.
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. and 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 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 C.R.S. §18-9-106.
D. thru 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.
Remainder of Section — No change.
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Amend Sec. 12-2-70. 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.
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. 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.
D. 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 or 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.
2. A description of the method which shall be used to indentify the boundaries of the optional
premises locations when in use.
3. A description of the provisions which have been made, including locations, for storing malt,
vinous and spirituous liquors in a secured area on or off the optional premises for use on
the optional premises. After license 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 sought.
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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.
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 2019-04 was, on motion duly made and
seconded, adopted by the following vote on the 20th day of May, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM:
Scott K. James
County Attorney
Steve Moreno
Date of signature:
First Reading: April 8, 2019
Publication: April 17, 2019, in the Greeley Tribune
Second Reading: April 29, 2019
Publication: May 8, 2019, in the Greeley Tribune
Final Reading: May 20, 2019
Publication: May 29, 2019, in the Greeley Tribune
Effective: June 3, 2019
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