HomeMy WebLinkAbout20191365.tiffNOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-04 was introduced on
first reading on April 8, 2019, and a public hearing and second reading was held on April 29, 2019.
A public hearing and final reading was completed on May 20, 2019, with no change being made
to the text of said Ordinance, and on motion duly made and seconded, was adopted. Effective
date of said Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located witiin the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your e-
mail correspondence into the case file, please send a copy to egesick@weldgov.com.
ORDINANCE NO. 2019-04
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 12 LICENSES AND PERMITS, OF THE WELD COUNTY CODE
EFFECTIVE DATE: June 3, 2019
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: May 24, 2019
PUBLISHED: May 29, 2019, in the Greeley Tribune
O2o I9-1245-
Affidavit of Publication
NOTICE OF FINAL READING
OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance
Number 2019-04 was and a public introduced reading
hearng,andsecond reading was held on Aprill29,19
2019. A public hearing and final reading was completed on May
20, 2019, with no change being made to the text of said Ordi-
nance, and on motion duly made and seconded, was adopted.
Effective date of said Ordinance is listed below. Any backup ma-
terial,.exhibits or information previously submitted to theOoard
of County Commissioners concerning this matter may be' exam-
ined in the office of the Clerk to the Board of County Commis-
sioners, located within the Weld County Administration Building,
1150 0 Street, Greeley, Colorado, between the hours of 8:00
a.m. and 5:00 p.m., Monday thru Friday, or may be accessed
through the Weld County Web Page (www.weldgov.com). E-mail
messages sent to an individual Commissioner may not be in-
cluded in the case file. To ensure inclusion of your email
correspondence into the case file, please send a ca py to eg.
esck@tveldgov.com.
ORDINANCE NO. 2019-04
ORDINANCE TITLE:_ IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 12 LICENS-
ES AND PERMITS, OF THE WELD COUNTY CODE
EFFECTIVE DATE: June 3, 2019
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: May 24, 2019
The Tribune
May 29, 2O19 -
STATE OF COLORADO
County of Weld,
I Jennifer Usher
SS.
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
that the same is a three days weekly plus Sunday
newspaper of general circulation and printed and
published in the City of Greeley in said county and
state; that the notice or advertisement, of which the
annexed is a true copy, has been published in said
daily newspaper for consecutive (days): that the
notice was published in the regular and entire issue
of every number of said newspaper during the
period and time of publication of said notice, and
in the newspaper proper and not in a supplement
thereof; that the first publication of said notice was
contained in the
Twenty -Ninth day of May A.D. 2019 and the
last publication thereof: in the issue of said
newspaper bearing the date of the
Twenty -Ninth day of May A.D. 2019 has been
published continuously and uninterruptedly during
the period of at least six months next prior to the
first issue thereof contained said notice or
advertisement above referred to; that said
newspaper has been admitted to the United States
mails as second-class matter under the provisions
of the Act of March 3,1879, or any amendments
thereof; and that said newspaper is a daily
newspaper duly qualified for publishing legal
notices and advertisements within the meaning of
the laws of the State of Colorado.
May 29, 2019
Total Charges: $10.08
29th day of May 2019
My Commission Expires 08/13/2022
Notary Public
VICKIE G GARRETTS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144031754
0 MY COMMISSION EXPIRES AUGUST 13, 2022
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-04 was introduced on
first reading on April 8, 2019, and a public hearing and second reading was held on April 29, 2019,
with no change being made to the text of said Ordinance. A public hearing and third reading is
scheduled to be held in the Chambers of the Board, located within the Weld County Administration
Building, 1150 O Street, Greeley, Colorado 80631, on May 20, 2019. All persons in any manner
interested in the next reading of said Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's Office at phone (970) 400-4225, or fax (970) 336-7233,
prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations
in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your e-
mail correspondence into the case file, please send a copy to egesick@weldgov.com.
ORDINANCE NO. 2019-04
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 12 LICENSES AND PERMITS, OF THE WELD COUNTY CODE
DATE OF NEXT READING: May 20, 2019, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: May 3, 2019
PUBLISHED: May 8, 2019, in the Greeley Tribune
c.o/9- i.5zp��
Affidavit of Publication
NOTICE OF SECOND READING
OF ORDINANCE
Pursuant to the Weld County Home Rule Charter Ordinance
Number 2019-04 was introduced on first reading on April 8, 2019,
and a public hearing and second reading was held on April 29,
2019, with no change being made to the text, of said Ordinance.
A public hearing and third reading is scheduled to be held in the
Chambers of the Board, located within the Weld County Admin-
istration Building, 1.150 O Street, Greeley, Colorado 80631, on
May 20, 2019. All persons in any manner interested in the next
reading of said Ordinance are requested to attend and may be
heard. Please contact the Clerk to the Board's Office at phone
(970) 400-4225, or fax (970) 336-7233, prior to the day of the
hearing if, as a result of a disability, you require reasonable ac-
commodations in order to participate in this hearing. Any backup
mate' ial, exhibits or Information previously submitted to the
Board of County Commissioners concerning this matter may be
examined in the office of the Clerk to the Board of County Com-
missioners, located within the Weld County Administration Build-
ing, 1150 O Street, Greeley, Colorado, between the hours of
8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be ac-
cessed through the Weld County Web Page (www.weldgov.com-
). E-mail messages sent to an individual Commissioner may not
be included in the case file. To ensure inclusion of your e-
-mail correspondence into the case file, please send a copy
to egesick@weldgov.com.
ORDINANCE NO. 2019-04
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 12 LICENS-
ES AND PERMITS. OF THE WELD COUNTY CODE
DATE OF NEXT READING: May 20, 2019. at 9:00m.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: May 3,2019.
The Tribune - May 8, 2019
STATE OF COLORADO
County of Weld,
Jennifer Usher
SS.
Iof said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
tlat the same is a three days weekly plus Sunday
nwspaper of general circulation and printed and
published in the City of Greeley in said county and
state; that the notice or advertisement, of which the
annexed is a true copy, has been published in said
daily newspaper for consecutive (days): that the
notice was published in the regular and entire issue
of k every number of said newspaper during the
period and time of publication of said notice, and
in the newspaper proper and not in a, supplement
thereof. that the first publication of said notice was
contained in the
Ei hth day of May A.D. 2019 and the last
publication thereof: in the issue of said newspaper
bearing the date of the
Eighth day of May A.D. 2019 has been published
contiinuously and uninterruptedly during the period
of a least six months next prior to the first issue
then
abo
adm
of contained said notice or advertisement
e referred to; that said newspaper has been
tted to the United States mails as second-class
matter under the provisions of the Act of March
3,18'9, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for
publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
May 8, 2019
Total Charges: $11.99
8th day of May 2019
My Commission Expires 08/13/2022
Notary Public
VICKIE G GARRETTS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 2O144031754
MY COMMISSION EXPIRES AUGUST 13, 2022
NOTICE OF
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-04 published below,
was introduced and, on motion duly made and seconded, approved upon first reading on
April 8, 2019. A public hearing and second reading is scheduled to be held in the Chambers of
the Board, located within the Weld County Administration Building, 1150 O Street, Greeley,
Colorado 80631, on April 29, 2019. All persons in any manner interested in the reading of said
Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's office at phone (970) 400-4225, or fax (970) 336-7233,
prior to the day of the hearing if, as the result of a disability, you require reasonable
accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your e-
mail correspondence into the case file, please send a copy to egesick@weldgov.com.
ORDINANCE NO. 2019-04
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 12 LICENSES AND PERMITS, OF THE WELD COUNTY CODE
DATE OF NEXT READING: April 29, 2019, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: April 12, 2019
PUBLISHED: April 17, 2019, in the Greeley Tribune
WELD COUNTY
CODE ORDINANCE 2019-04
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
2019-1365
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:
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.
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.
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.
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.
Affidavit of Publication
NOTICE OF FIRST
READING OF
ORDINANCE
Pursuant to the Weld County Home
Rule Charter, Ordinance Number
2019-04 published below, was
introduced and, on motion duly
made and seconded, approved
upon first reading or .April 8. 2019. A
public hearing and second reading is
scheduled to he held in the Chambers
of the Board, located within the Weld
County Administration -Building, 1150
0 Street, Greeley Colorado 80631,
on. April 29, 2019. Ail persons in any
manner interested in the reading of
sa;d Ordinance are requested to attend
and may be heard Please contact the
Clerk to the Board's office at phone
(970) 400-4225.. or tax (970) 336-7233,
prior to the day of the hearing if, as
the result of a disability, you require
reasonable accommodations in order
to participate in this hearing. Any
backup material, exhibits or informa-
tion previously submitted to the Board
of County Commissioners concerning
this matter may be examined in the
•office of the Clerk to the Board of
County Commissioners, located within
the Weld County Administration Build-
ing, 1150 0 Street, Greeley, Colorado,
between the hours of 8!00 a.m. and
5:00 p m., Monday thru Friday, or may
be accessed through the Weld County licenses shall include designation The Board of County Commission- ies of the optional premises locations
Web Page (www.weidgov.com). E-mail of the neighborhood to be served. ers may set a public hearing on the when in use.
messages sent to an individual Corn- designation of a Commissioner to renewal application if it finds probable 3. A description of the provisions
missioner may not be included in the inspect the premises and to review cause to believe that any one (1) of the 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 shalt 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.
of notice and a signed and notarized C. Evidence that the licensed premises E. Advance Notification. Pursuant
affidavit which swears to the date and have been operated in a manner that to C.R.S. §44-3-310(3) and (4), no
time of the posting, adversely affects the public health, , alcohol beverages may be served
5. Referrals. The Clerk shall send welfare or safety of the immediate on the optional premises until the
referrals regarding applications for neighborhood in which the establish- licensee has provided written notice
new liquor and beer licenses, special ment is located, which evidence must to the Clerk to the Board and the
events permits. transfers ot ownership, include a continuing pattern of fights, State of Colorado, Liquor Enforcement
transfers of location, and renewals violent activity or disorderly conduct. Division, forty-eight (48) hours prior
of existing licenses to the following: For purposes of this Paragraph C, to serving alcohol beverages on the
Department of Planning Services. disorderly conduct has the meaning as optional premises. Such notice shall
Department of Public Health and Envi- provided for in C.R.S. §18-9-106. contain the specific days and hours
ronment, Department of Public Works, D. thru F - No change. during which the optional premises are
Sheriff's Office, and Office of the G. Evidence of persons being to be used.
County Attorney. The Clerk shall send convicted under C.R.S. §42-4-1301. of BE IT FURTHER ORDAINED by the
a referral to the Office of Emergency driving under the influence of alcohol Board that the Clerk to the Board be,
Management regarding applications or driving while alcohol impaired after and hereby is, directed to arrange for
for special events permits. becoming intoxicated at said licensed Municode to supplement the Weld
6. Letter reporting findings of premises. County Code with the amendments
inspection and review. The Clerk snail Remainder of Section - No change. contained herein, to coincide with
assist the Commissioner designated to Amend Sec. 12-2-70. Standards chapters. articles, divisions, sections,
inspect the premises and to review the for issuance of Optional Premises and subsections as they currently
neighborhooa in completing a letter re- Liquor Licenses. exist within said Code, and to resolve
porting findings of the inspection and The following standards for the issu- any inconsistencies regarding cap; -
review. The Clerk shall transmit a copy ance of an Optional Premises Liquor taiization. grammar, and numbering
of such letter to the applicant at least License or Optional Premises for a or placement of chapters, articles,
Hotel and Restaurant Liquor License divisions, sections, and subsections
are adopted pursuant to C.R.S. §44- in said Code.
3.310. The standards are considered BE IT FURTHER ORDAINED by the
additional to ail other standards appli- Board, if any section, subsection,
cable to the issuance of liquor licenses paragraph, sentence, clause, or phrase
pursuant to the Colorado Liquor of this Ordinance is for any reason held
Code and the Colorado Liquor Rules. or decided to be unconstitutional, such
These two (2) types of licenses are decision shall not affect the validity
collectively referred to in this Section of the remaining portions hereof. The
as "Optional Premises License" unless Board of County Commissioners
specifically identified separately. hereby declares that it would nave
A Eligible facility. An Optional Prem- enacted this Ordinance in each and
ises License may be approved for any
facility that is located on or adjacent
to an outdoor sports and recreational
facility, as defined in G.R.S. §44-3-
103(33).
B. No minimum size. There is no min-
imum 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
Amend ARTICLE II - Liquor and
Seer Licenses, and Special Events
Permits.
Amend Sec. 12-2-10. Local licensing
authority.
The Board of County Commission-
ers is Weld Counties 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. G.R.S., the Colo-
rado 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 Hoard 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 liquor, beer, and special
events applications to determine com-
pleteness. 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
tor liquor beer and special events
applications. initial hearings for new
STATE OF COLORADO
County of Weld,
Vickie Garretts
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 tempo-
rary 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
Boara of County Commissioners de-
termines 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.
consider the size in relationship to the
number of optional premises locations
requested for the facility,
C. Number of optional premises. Tnere
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 demon-
strate 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 Option.
al 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 fa-
cility 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 ciearty
depict the area encompassed in each
location. After license approval, the
applicant shall update the map or
drawing on an annual basis.
Z A description of the method which
shall be used to indentify the bounder -
case file. To ensure inclusion of your the neighborhood, and the setting of a factors contained in Section 12-2-40
e-mail correspondence into the case date for public hearing. below exists.
file, please send a copy to egesick@ 3. Published notice. The Clerk shall Amend Sec. 12-2-40 Refusal to
welclgov.corn. publish all necessary notices of hear- renew; public hearing, Phase i,
ORDINANCE NO. 2019-04 ings for liquor, beer and special events The Board of County Commissioners
ORDINANCE TITLE: iN THE MATTER applications at least ten (10) days prior may consider the following factors in
OF REPEALING AND REENACTING, to the scheduled public hearing. a public hearing to determine if good
WITH AMENDMENTS, CHAPTER 12 4. Sign notice. The Clerk shall cause exists to refuse the renewal of
LiCENSES AND PERMITS. OF THE provide the required sign notice for all any liquor license. Such consideration
WELD COUNTY CODE applicants to post. Applicants shall is denoted as Phase I of the public
DATE OF NEXT READING: April 29, be required to submit to the Clerk hearing:
2019. at 9:00 a.m. photographic evidence of the posting A. and B - No change.
BOARD OF COUNTY COMMIS-
SIONERS
WELD COUNTY, COLORADO
DATED: April 12, 2019
WELD COUNTY
CODE ORDINANCE 2019-04
IN THE MATTER OF REPEALING
AND REENACTING, WITH AMEND-
MENTS, 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 Attie 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 OR-
DAINED 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
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 i cense 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. 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
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.
The Tribune
April 17 2019
SS.
d County of Weld, being duly sworn, say
am an advertising clerk of
THE GREELEY TRIBUNE,
same is a three days weekly plus Sunday
)er of general circulation and printed and
;d in the City of Greeley, in said county and
at the notice or advertisement, of which the
l is a true copy, has been published in said
:,wspaper for consecutive (days): that the
vas published in the regular and entire issue
y number of said newspaper during the
mnd time of publication of said notice, and
lewspaper proper and not in a supplement
that the first publication of said notice was
in the
tenth day of April A.D. 2019 and the last
Lion thereof: in the issue of said newspaper
'enth day of April A.D. 2019 that said The
Tribune has been published continuously
nterruptedly during the period of at least six
next prior to the first issue thereof
said notice or advertisement above
L to; that said newspaper has been admitted
United States mails as second-class matter
le provisions of the Act of March 3,1879, or
endments thereof; and that said newspaper
ily newspaper duly qualified for publishing
notices and advertisements within the
g of the laws of the State of Colorado.
117, 2019
1 Charges: $52.79
_day of Apri12019
My Commission Expires 02/19/2023
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JERILYN L MARTiNEZ
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20074006708
MY COMMISSION EXPIRES FEBRUARY 19, 2023
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