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HomeMy WebLinkAbout959 FMC Amend Chapter 5.08 Alcoholic BeveragesORDINANCE 959 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, REPEALING AND REENACTING CHAPTER 5.08 OF THE FIRESTONE MUNICIPAL CODE REGARDING ALCOHOLIC BEVERAGES WHEREAS, to ensure compliance with the State's liquor laws as set forth in C.R.S. Articles 3, 4, 5, Title 44, as amended and the State's Liquor Rules, 1 C.C.R. 203-2, as amended, it is necessary to repeal and reenact Chapter 5.08 of the Firestone Municipal Code; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Chapter 5.08 -Alcoholic Beverages of the Firestone Municipal Code is repealed and reenacted in its entirety to read as follows: 5o08.010 Delegation of authority to town clerk. V The town clerk is authorized to act as the local licensing authority for the following Colorado Liquor Code and Colorado Beer Code licensing functions: 1. Processing, and approval or disapproval of applications for special event permits, issuance of approved special event permits, and reporting of issued special event permits to the State Liquor Enforcement Division, in accordance with Article 5 of Title 44, C.R.S., as amended. 2. Annual Colorado Liquor Code and Colorado Beer Code license renewals, provided that the licensee has not violated any provisions of the Colorado Liquor or Beer Codes and associated regulations during the preceding year. 3. Changes in shareholders, officers, directors or trade names of a licensee, provided that any investigation conducted by the Town does not reveal information that may reasonably form the basis of a determination that the applicant is not qualified to hold the respective license. 4. Changes in registered manager of a licensee, provided that any investigation conducted by the Town does not reveal information that may reasonably form the basis of a determination that the proposed manager is not qualified to hold the position. 5. The issuance of temporary permits pursuant to and in compliance with the provisions of section 44-3-303, C.R.S., as amended. 6. The town clerk shall receive applications for new liquor licenses or for changes of location of a liquor -licensed establishment. (a) Upon receipt of a complete application for a new liquor license or for a change of location of aliquor-licensed establishment, the town clerk shall set the date and time for the public hearing on the application. The town cleric shall provide written notice to the applicant of the boundaries of the neighborhood and of the date and time of the public hearing. 7. Processing, approval, denial and renewal of tasting permits. B. The town clerk may, nevertheless, refer any licensing decision authorized under this section to the local licensing authority if, in the clerk's discretion, the matter should be presented to the local licensing authority. 1 5.08.020 - 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 44-3-310, 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. 3. 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)(b), C.R.S. 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; and 3. Swimming pools. 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 its 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 establish and designate 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, 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 hoes 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. G. The local licensing authority in its discretion may impose conditions or restrictions upon on optional premises in furtherance of the public health, safety and welfare, inchrding 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 application or renewal or as part of any disciplinary proceeding. 2 5.08.030 - 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 and political candidates in accordance with the fees, terms and conditions set forth in Article 5, Title 44, C.R.S. The local licensing authority may, by resolution, elect to issue special events permits without notifying the state licensing authority to obtain its approval or disapproval of applications for special events permits. 5.08.040 -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, 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 permits in accordance with the requirements of this section. B. A retail liquor store or liquor -licensed drugstore 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 ($50.00) application fee. Except as provided in this paragraph, an application shall along with a renewal application fee of fifty dollars ($50.00) 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 licenseee. 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 that meets the standards established by the Liquior Enforcement Division of the Colar•ado Department of Revenue and who is a retail liquor store or liquor -licensed drugstore 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 44-3403, C.R.S., at a cost that is not less than the laid4n 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 u1 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. 3 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 44-3-301(10) C.R.S., or by a retail liquor store or liquor -licensed drugstore 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. 44-3401 applies to, the retail store or liquor licensed drug store licensee that conducted the tasting. 5.08.050 -Disturbances at licensed premises. A. It shall be unlawful for any licensee or any agent, manager or employee thereof to permit or in any manner encourage or participate in any unlawfiil or disorderly act, conduct or disturbance at the licensed premises; provided, however, that the licensee may use such lawful means as may be necessary to protect his or her person or property from damage or injury. B. Any licensee and any agent, manager or employee thereof shall immediately report to the Town's police department any unlawful or disorderly act, conduct or disturbance committed at the licensed premises. C. Each licensee shall post and keep at all times visible to the public in a conspicuous place on the premises a sign with a minimum height of fourteen inches and a minimum width of eleven inches with each letter to be a minimum of one-half inch in height, which shall read as follows: WARNING: THE TOWN OF FIRESTONE POLICE DEPARTMENT MUST BE IMMEDIATELY NOTIFIED OF ALL UNLAWFUL OR DISORDERLY ACTS, CONDUCT OR DISTURBANCES 4 WHICH OCCUR ON OR WITHIN THE PREMISES OF THIS LIQUOR ESTABLISHMENT. D. It shall not be a defense that the licensee was not personally present on the premises at the time such unlawful or disorderly act, conduct or disturbance was committed; however, no agent, servant or employee of the licensee shall be held personally responsible for failing to report an unlawful or disorderly act, conduct or disturbance hereunder if such agent, servant or employee was absent from the premises at the time such activity was committed. E. Failure to comply with the requirements of this Section shall be considered in any action relating to the issuance, revocation, suspension or nom•enewal of a license or the cancellation, revocation or suspension of a temporary or special events permit. 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 ilr accordance with as applicable the Colorado Liquor Code C.R.S. 44-3-101 et seq., Colorado Beer Code C.R.S. 444-101 et seq., Special Event Liquor Permits C.R.S. 44-5-101 et seq., and 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 thisday of September, 2019. �yy``yy..� �ec�aje aacq.� ATTEST: Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO 6 SraC i nhhi .Cinrlalar Mnvnr AS TO FORM: Williarlf p��ayashi, Town Attorney E