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Home My WebLink About20191364.tiffWELD CU IV TY CODE t DINCE 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 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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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 shall act as theis Weld County's local licensing authority pursuant tofor 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.-hos�d-p� a kc ��r•• %, en the suspension and to -conduct such other business author. Remdar the ode. 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: PAGE 1 2019-1364 ORD2019-04 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 aoplications. 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 Boaro 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 • reviousl issued b the Board with the exce tion of a li. uor licensed dru• 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 (3100.00) and has filed PAGE 2 2019-1364 ORD2019-04 the application for the temporary permit no later than thirty (30) days after the filing of the application for the transfer of ownership. Aoplication 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. 4e 2% 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 SectionC. R. S. �j18-9-106, C.R.S. D. thru F. — No change. G. Evidence of persons being convicted under SectionC.R.S. §42-4-1301, C.R.S., 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. Temporary permitsStandards for issuance of O teonal Premises Liquor Liceses. Board of County Commission of any retail class of a!, pp e-viously issued by the B�ard. The tempos-ary per i-i transfer s•e - s-u-c-h-a-Ic- o Lbeve-ra- es- -- nder-the permanent license until such time ass -the a ppli catie-n- r- Fer-of ovine rs h-i-p-of the permanent license is eit-h-e, zP -i-r~vi, d--oc- i e � -for PAGE 3 2019-1364 ORD2019-04 one h -u nd red twenty (120) days, wh i-ch ever 9oeu rs first. Th e-4m-per,-� perm-i by the Board of Cot- :a nab -C mm- -• r-s-f-t--pp-l-i c a nt h-a-s-f+le--with t he -C e to the Board -a -n application for transfer of ownership of the -per -man -en -z lic- r; -e, has paid -the temporary -p -ae of one hundred nd has ited application fy permit no later than thirty (30) day -s-a-f f lase o y permit application. Upon issua post notice of the temporary perm ext- nth premise e e of County Commissioners d violated-a6i-r requi-re- transfer of ownership. 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. X44-3-310. 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. 7 elieve the transferee -has A. Eligible facility. An Optional Premises License may be approved for any facility that is located on or ac .acent 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. PAGE 4 2019-1364 ORD2019-04 Adescrnption of tne 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 coes 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. PAGE 5 2019-1364 ORD2019-04 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 -Tern 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: Publication: April 8, 2019 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 PAGE 6 2019-1364 ORD2019-04 Hello