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HomeMy WebLinkAbout1025 Amending Section 5.08.040 if Municipal Code Liquor Tastings 04-12-2023ORDINANCE NO. 1025 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AMENDING SECTION 5.08.040 OF THE FIRESTONE MUNICIPAL CODE REGARDING LIQUOR TASTINGS WHEREAS, Proposition 125 which was approved by the voters of the State at the November 8, 2022 general election amended the Colorado Revised Statutes to establish a Fermented Malt and Beverage and Wine Retailer License which would allow grocery and convenience stores which sold beer, to also be able to sell wine for off -site consumption and to conduct "tastings" subject to approval of the local licensing authority. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 5.08.040, Liquor tastings, of the Firestone Municipal Code is amended to read as follows: 5.08.040 - Liquor tastings. A. The Town hereby authorizes tastings to be conducted by retail liquor store licensees, liquor - licensed drugstore licensees and fermented malt and beverage and wine retailer licensees in accordance with this section and pursuant to Section 44-3-301, C.R.S. Within the Town, it is unlawful for any person or licensee to conduct tastings unless a permit has been obtained in accordance with this section. The Town Clerk is authorized to issue tasting pen -nits in accordance with the requirements of this section. B. A retail liquor store licensee, liquor -licensed drugstore licensee or fermented malt and beverage and wine retailer licensee that desires to conduct tastings shall submit an application for a tastings permit to the local licensing authority along with payment of a fifty dollar application fee. Except as provided in this paragraph, an application shall along with a renewal application fee of fifty dollars be submitted annually at the time of an applicant's liquor license renewal. For new licensees, the application and fee for a tastings permit may be submitted with the application for a new license or at any time during the first year of licensure. An application may also be submitted at a time other than the time of renewal; however, in such case, the permit shall expire at the next renewal date of the license and the permit fee shall not be prorated. The application shall be in the form required by the town clerk and shall include a written control plan establishing how the applicant will conduct the tastings in compliance with the provisions of the Liquor Code and Town Code, and without creating a public safety risk to the neighborhood. The local licensing authority may reject the permit application if the applicant fails to establish that the licensee is able to conduct tastings without violating the provisions of this section or creating a public safety risk to the neighborhood. The local licensing authority may establish application procedures for tastings permits. C. Tastings shall be subject to the following limitations: 1. Tastings shall be conducted only by a person who has completed a server training program 1 that meets the standards established by the Liquor Enforcement Division of the Colorado Department of Revenue and who is a retail liquor store licensee, liquor -licensed drugstore licensee, or fermented malt and beverage and wine retailer licensee, or an employee of a licensee, or a representative, employee, or agent of the licensed wholesaler, brewpub, distiller pub, manufacturer, limited winery, importer, or vintner's restaurant promoting the alcohol beverages for the tastings and only on a licensee's licensed premises. 2. The alcohol used in tastings shall be purchased through a licensed wholesaler, licensed brew pub or winery licensed pursuant to Section 44-3-403, C.R.S., at a cost that is not less than the laid -in cost of such alcohol. 3. The size of an individual alcohol sample shall not exceed one ounce of malt or vinous liquor or one-half of one ounce of spirituous liquor. 4. Tastings shall not exceed a total of five hours in duration per day, which need not be consecutive. 5. Tastings shall be conducted only during the operating hours in which the licensee on whose premises the tastings occur is permitted to sell alcohol beverages, and in no case earlier than 11:00 a.m. or later than 9:00 p.m. 6. The licensee shall prohibit patrons from leaving the licensed premises with an unconsumed sample. 7. The licensee shall promptly remove all open and unconsumed alcohol beverage samples from the licensed premises or shall destroy the samples immediately following the completion of the tasting, or store any open containers of unconsumed alcohol beverages in a secure area outside the sale area of the licensed premises for use at a tasting conducted at a later time or date. 8. The licensee shall not serve a person who is under twenty-one years of age or who is visibly intoxicated. 9. The licensee shall not serve more than four individual samples to a patron during a tasting. 10. Alcohol samples shall be in open containers and shall be provided to a patron free of charge 11. Tastings may occur on no more than one hundred sixty-five days per year. 12. No manufacturer of spirituous or vinous liquors shall induce a licensee through free goods or financial or in -kind assistance to favor the manufacturer's products being sampled at a tasting. The licensee shall bear the financial and all other responsibility for a tasting. 13. The applicant for a tastings permit shall certify on the application that all persons serving alcohol at tastings have completed a server training program that meets the standards established by the Liquor Enforcement Division of the Colorado Department of Revenue. The licensee shall maintain a current roster of the names of the persons who have completed a server training and the dates on which such persons attended training. The licensee shall submit updated rosters and documentation to the Town as necessary to confirm that persons serving alcohol at tastings have received the requisite training. D. A violation of any requirement specified in this section, or of Section 44-3-301(10) C.R.S., or by a retail liquor store licensee, liquor -licensed drugstore licensee or fermented malt and beverage and wine retailer licensee, whether by the licensee, the licensee's employees or agents, or otherwise, or by a representative, employee, or agent of a licensed wholesaler, brew pub, manufacturer, limited winery, importer, or vintner's restaurant that promoted the alcohol beverages for the tastings is the responsibility of, and C.R.S. Section 44-3-801 applies to, the retail store or liquor licensed drug store licensee that conducted the tasting. Section 2. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. Violations of this ordinance shall be punishable in accordance with Section 1.16.010 of the Municipal Code of the Town of Firestone, Colorado. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this[% day of, 2023. TO F FIRES ONE, COLORADO Drew Alan Peterson, Mayor APPROVE AS TO Willia ay i, n Attorney