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HomeMy WebLinkAbout1005 Amending Chapter 5.08 Alcoholic Beverages, of the Firestone Municipal Code_02.23.22ORDINANCE NO. 1005 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AMENDING CHAPTER 5.08 ALCOHOLIC BEVERAGES, OF THE FIRESTONE MUNICIPAL CODE WHEREAS, in accordance with C.R.S. § 44-3-103 (27), the Board of Trustees serves as the "Local Licensing Authority" and performs the duties of such body as set forth in the Colorado Liquor Code, C.R.S. Article 3, Title 44; and WHEREAS, the Board of Trustees, as provided for in C.R.S. § 44-3-103 (27), desires to establish a Local Licensing Authority that will consist of a sole hearing officer; and WHEREAS, the Board of Trustees finds that a sole hearing officer will enhance the Town's responsiveness and increase administrative efficiency as to liquor licensing matters and better meet the desires of liquor license applicants and licensees. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 5.08.090, Local Licensing Authority: Duties and Powers, of the Firestone Municipal Code is enacted to provide: (a) Authority, powers and duties. The local liquor licensing authority ("Authority") shall have all powers and duties granted to local liquor licensing authorities as set forth in the Colorado Liquor Code Article 3, Title 44, C.R.S., as amended. The Authority shall have the duty and be empowered to grant or refuse licenses for the possession, sale and offering for sale of malt, special malt, vinous or spirituous liquors and fermented malt beverages as provided by law, to conduct investigations as are required by law and to levy penalties against licensees in the manner provided by law. (b) Corraposition, appointment, and compensation. Subject to the delegation of duties set forth below, the Authority shall consist of a sole hearing officer who shall serve at the pleasure of the Board of Trustees. The hearing officer shall be appointed by the Board of Trustees by resolution and may be removed with or without cause by a majority vote of the Board of Trustees. The Board of Trustees shall establish the compensation for the hearing officer. The Board of Trustees may, in its discretion, appoint an alternate hearing officer who may serve in the event that the appointed hearing officer is unavailable. The term "hearing officer" shall be synonymous with "local liquor licensing authority," and "Authority" as used throughout this section. (c) Qualifications of hearing officer. The hearing officer shall be an individual over the age of 21 years with sufficient knowledge and expertise to apply and enforce the State of Colorado Liquor Code. The hearing officer shall not hold any other town office, appointment or position, except that the Board of Trustees may appoint the municipal court judge to serve as the hearing officer. Additionally, the hearing officer shall not 1 have any financial interest or be involved in the management or operation of any business located or operating in the town that seeks or holds a liquor license. (d) Riles of procedure; conduct of hearings. In conformity with applicable statutes and the Firestone Municipal Code, the Authority shall have the power to adopt rules of procedure and regulations concerning the application and renewal processes, procedures for hearings before it, and the presentation of evidence at such hearings. All hearings before the Authority shall be public and shall be conducted in accordance with the rules and regulations concerning the procedures for hearings before the Authority. (e) Meetings. The Authority shall hold a regular meeting once each calendar month unless there is no business to conduct. The Authority may unilaterally call special meetings upon and after consultation with the town clerk. (fl Szrbpoena power and violations. The local liquor licensing authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of documents, data compilations and other evidence at any hearing before the Authority. All subpoenas shall be served in the same manner as a subpoena issued by a district court of the State of Colorado. It shall be unlawful for any person to fail to comply with any subpoena or order to produce documents, data compilations or other evidence issued by the Authority. The municipal court shall enforce the subpoenas of the Authority and, upon good cause shown, shall enter orders compelling witnesses to attend and testify or produce documents, data compilations or other evidence, and shall impose penalties or punishment for contempt in case of failure to comply with such orders. (g) Town staff duties. (1) Town Clerk. In addition to the duties and authority set forth in this section, the town clerk or the town's clerk's designee shall: i. Receive all license applications and issue those licenses granted by the local liquor licensing authority upon receipt of such license fees as are required by law. ii. Attend all meetings of the local liquor licensing authority and serve as the secretary of the Authority. iii. Establish a calendar of regular meetings for the local liquor licensing authority, which calendar may be modified by the Authority. iVS Post and publish all required notices in conformance with Colorado Liquor Code. (2) Town Attorney. The town attorney shall represent the town at hearings to show cause and at hearings on applications or renewals that are contested by the town, and shall present matters into evidence before the Authority. The town attorney shall also represent the town and the Authority in the event of an appeal of any decision of the Authority. 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 23rd day of February, 2022, ATTEST: CMC�I'owri TOWN OF FIRESTONE, COLORADO bi Sind�lar; Mayor 3