HomeMy WebLinkAbout 946 Amend FMC for Liq LicORDINANCE N0. 940
AN ORDINANCE AMENDING THE FIRESTONE MUNICIPAL CODE REGARDING
ALCOHOLIC BEVERAGES
WHEREAS, by House Bill 18-1025, the Colorado General Assembly recently amended
the Colorado Revised Statutes to relocate laws related to the regulation of alcoholic beverages to
the newly created Title 44, without changing the substance of such laws; and
WHEREAS, the Board of Trustees desires to amend Chapter 5.08 of the Firestone
Municipal Code to update citations to the Colorado Revised Statutes; and
WHEREAS, the Board of Trustees further desires to amend Chapter 5.08 of the Firestone
Municipal Code to authorize Town of Firestone liquor license application, registration, permit,
fingerprinting, transfer and other fees to be set by resolution of the Board of Trustees;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FIRESTONE, COLORADO*
Section 1. Section 5.08.080 of the Firestone Municipal Code is hereby amended to
read as follows (words added are underlined; words deleted are stri ke thro��T'^):
5.08.080 -Optional premises licenses.
A. The following standards for the issuance of optional premises
licenses or for optional premises for hotel and restaurant licenses are hereby
adopted pursuant to the provisions of Section 44-3415 12 47 310, C.R.S.., as
amended. The standards set forth in this section shall be considered in addition to
all other standards applicable to the issuance of licenses under the state liquor code
for an optional premises license or for optional premises for a hotel and restaurant
license. These two types of licenses for optional premises will collectively be
referred to as "optional premises" in these standards unless otherwise provided.
B. An optional premises may only be approved when that premises is
located on or adjacent to an outdoor sports and recreational facility as defined in
Section 44-3-103(33 11 47 ' 03(2-", C.R.S., as amended. The types of outdoor
sports and recreational facilities that may be considered for an optional premises
license are as follows:
1. Country clubs;
2. Golf courses and driving ranges;
3. Swimming pools.
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C. There are no restrictions on the minimum size of the outdoor sports
and recreational facilities that may be eligible for the approval of an optional
premises license. However, the local licensing authority may consider the size of
the particular outdoor sports or recreational facility in relationship to the number of
optional premises requested for the facility and in relationship to control of the
premises and ease of enforcement.
D. There are no restrictions on the number of optional premises that
any one licensee may have on his or her outdoor sports or recreational facility.
However, any applicant requesting approval of more than one optional premises
shall demonstrate the need for each optional premises in relationship to the outdoor
sports or recreational facility and its guests.
E. When submitting a request for the approval of an optional premises,
an applicant shall also submit the following information.
1. A scaled map or other drawing illustrating all of the outdoor
sports or recreation facility boundaries and the approximate location of each
optional premises requested;
2. A legal description of the area within which the optional
premises shall be located;
3. A description of the method which shall be used to identify
the boundaries of the optional premises when it is in use;
4. A description of the provisions that have been made for
storing alcohol beverages in a secured area on or off the optional premises for the
future use on the optional premises; and
5. A description of the manner in which alcohol beverages will
be sold and distributed to guests and/or the public.
F. Pursuant to Section 44-3-310 '''�0, C.R.S., as amended, no
alcoholic beverages may be served on the optional premises until the licensee has
provided written notice to the state and local licensing authorities forty-eight hours
prior to serving alcoholic beverages on the optional premises. Such notice must
contain the specific days and hours on which the optional premises are to be used.
In this regard, there is no limitation on the number of days that a licensee may
specify in each notice. However, no notice may specify any date of use which is
more than one hundred eighty days from the notice date.
G. The local licensing authority in its discretion may impose conditions
or restrictions upon an optional premises license in furtherance of the public health,
safety and welfare, including but not limited to conditions and restrictions to ensure
control of the optional premises and proper enforcement of liquor laws. Conditions
and restrictions may be imposed at the time of initial licensing or as part of any
application or disciplinary proceeding.
Section I Section 5.08.090 of the Firestone Municipal Code is hereby repealed and
replaced, to read as follows:
5.08.090 -Fees -Application and registration fees.
License application, registration, permit, fingerprinting, transfer and other
fees shall be paid to the town for liquor licenses in accordance with fees established
by resolution of the board of trustees.
Section 3. Section 5.08.100 of the Firestone Municipal Code is hereby repealed and
replaced, to read as follows:
5.08.100 -Fees -License fees designated for each class of license.
License fees shall be paid to the town annually, in advance, based on
premises located within the town. Fees for the various classes of licenses shall be
as set forth in Section 44-3-505(1), C.R.S., as amended.
Section 4. Section 5.08.110 of the Firestone Municipal Code is hereby amended to
read as follows (words added are underlined; words deleted are stri ke thro �''):
5.08.110 -Liquor tastings.
A. The Town hereby authorizes tastings to be conducted by retail liquor
store and liquor -licensed drugstore licensees in accordance with this Section and
pursuant to Section 44-3-301(10) 12 47 301, C.R.S., as amended. 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 Local Licensing Authority
is authorized to issue tasting permits in accordance with the requirements of this
Section.
B. A retail liquor store orliquor-licensed drugstore licensee that wishes
to conduct tastings shall submit an application for a tastings permit to the local
licensing authority. Except as provided in this Paragraph, the application shall be
submitted annually at the time of liquor license renewal. For new licensees, the
application 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
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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
and Authority Secretary 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 that meets the standards established by the
Liquor Enforcement Division of the Colorado Department of Revenue and who is
a retail liquor store or liquor -licensed drugstore licensee, or an employee of a
licensee, and only on a licensee's licensed premises.
2. The alcohol used in tastings shall be purchased through a
licensed wholesaler, licensed brew pub, licensed distillery pub, or winery licensed
pursuant to Section 44-3403 12 ^��-47 4035 C.R.S., as amended, at a cost that is not
less than the laid -in cost of such alcohol. Such suppliers shall have licenses from
the Town to the extent required by this Section and Section 44-3-301(10)1247-
8�, C.R.S., as amended.
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 7:00 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.
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.
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11. Tastings may occur on no more than four of the six days
from a Monday to the following Saturday, not to exceed fifty-two days per year.
Upon request by the Town, the licensee shall provide to the Town a copy of
licensee's current schedule of the dates and times on which tastings are scheduled
to be held on the licensed premises. The licensee shall also maintain a log of the
dates and times of all tastings that have been held, which shall be made available
for inspection by the Town at all times.
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 a limitation specified in this Section or of Section 44-
3-301 10 12 4 3�07 or 44-3-801 12 47 801, C.R.S., as amended, by a retail
liquor store or liquor -licensed drugstore licensee, whether by the licensee, the
licensee's employees or agents, or otherwise, shall be the responsibility of the
licensee who is conducting the tasting.
E. A licensee conducting a tasting shall be subject to the same
revocation, suspension and enforcement provisions as otherwise apply to the
licensee and are imposed by the local licensing authority. The local licensing
authority shall conduct a hearing with regard to any violations of this Section in
accordance with the requirements of this Code and Section 44-3-601 1'' ^�--SOT,
C.R.S., as amended.
Section 5. Section 5.08.150 of the Firestone Municipal Code is hereby amended to
read as follows (words added are underlined; words deleted are �+,a,.vo„ +�,,.,.,,,��,�:
5.08.150 -Special events permits.
The Local Licensing Authority may issue special events permits for the
sale, by drink only, of fermented malt beverages or malt, spirituous or vinous
liquors to organizations qualifying under Section 444401 1''�'r, et seq.,
G.R.S., as amended. The Local Licensing Authority may, by resolution, elect to
issue special events permits without notifying the State Licensing Authority to
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obtain its approval or disapproval of applications for special events permits,
`vhich such resolution may be repealed or amended from time to time.
Section 6. If any portion of this ordinance is held to be invalid for any reason, such
decision shall not affect the validity of the remaining portions of this ordinance. The Board of
Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of
the fact that any one part be declared invalid.
Section 7. 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 14th day of November, 2018.
TOWN OF FIRESTONE, COLORADO
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ATTEST: 4 Eap aCPU 0
T'Y,
Leah Vanarsdall, Town Clerk