HomeMy WebLinkAboutR94-190 adopting bed and breakfast licensing proceduresCommissioner � . / o moved adoption of the following
Resolution:
BOARD OF COUNTY CMUSSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 94 - Z�2-D
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WHEREAS, C.R.S. 12 -46 -101, et sect., and C.R.S. 12 -47 -101, et
seq., provide the terms, conditions, limitations, and restrictions
concerning the manufacture and sale of malt, vinous and spirituous
liquors; and
WHEREAS, said statutes set forth certain mandates for local
licensing authorities, including the Eagle County Liquor Licensing
Authority; and
WHEREAS the Board of County Commissioners of Eagle County,
Colorado, which acts as the Eagle County Liquor Licensing Authority
(the Board) believes it to be in the best interest of the health,
safety and welfare of the citizens of Eagle County to codify the
local laws and procedures governing the approval of Bed and
Breakfast Permits for the consumption of beer and liquor within the
unincorporated areas of the County; and
WHEREAS, on December 21, 1992, the Board adopted Resolution
No. 92 7214, providing policies and procedures for Beer and Liquor
Licensing; and
MM REAS, the Colorado Liquor Code has been amended by adding
C.R.S. 12- 47- 118.5, to provide for Bed and Breakfast Permits for
use by proprietors of such establishments as defined therein, in
lieu of restaurant and hotel licenses; and
WIIEREAS, the Board finds that it is in the best interest of
the health, safety and welfare of the citizens of Eagle County for
the Board to make Bed & Breakfast permits available in the
unincorporated areas of Eagle County in accordance with the law;
and
WHEREAS, after due notice, in public hearing held
, the Board considered the policies and procedures
set torth in Exhibit "A ", in incorporate policies and procedures
relative to Bed & Breakfast Permits and technical corrections
attached hereto and incorporated herein by this reference.
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THAT, the Eagle County Beer and Liquor Code Licensing Policies
and Procedures, amended to provide for Bed and Breakfast Permits
and technical corrections set forth in Exhibit " A " hereto, be and
are hereby adopted. Such amendments to take effect this date.
MOVED, READ AMID ADOPTED by the Board of County Commissioners
of the County of Eagle, tate of Colorado, at its regular meeting
held the day of 1994.
Commissioner (7/if ) seconded adoption of the foregoing
resolution. Tie rrolhaving been called, the vote was as follows:
Commissioner Johnnette Phillips J
Commissioner James Johnson Jr. /D
Commissioner George A. Gates
This Resolution passed by a h / vote of the Board
of County Commissioners of - the County or Eag e, State of Colorado.
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County Commissioners
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1.1 3.2% FERMENTED MALT BEVERAGES (Section 12 -46 -102 et sea
C.R.S.)
Definition: 3.2% Fermented malt beverages are all kinds of
beers containing 3.2 alcohol by weight.
1.2 Licensing Authority (Section 12 -46 -135 et seq, C.R.S.)
The Board of County Commissioners of Eagle County shall be
the only authority to issue 3.2o fermented malt beverage
licenses to applicants carrying on business within
unincorporated Eagle County.
1.3 Classes of Licenses (Section 12 -47 -117, C.R.S.)
The Board of County Commissioners shall issue only the
following licenses for 3.2% Beers:
-Sales for consumption off the premise of the licensee.
-Sales for consumption on the premises of the licensee.
-Sales for consumption both on and off the premises of
the licensee.
1.4 A=lication for 3.2% Beers (Section 12 -46 -117, C.R.S.)
1.5 File-Qualifications and Conditions for License
(Section 12 -46 -108 et seq, C.R.S.) A complete file for Eagle
County must be submitted and shall include:
A. A completed State Application form.
B. Completed Character Reference sheets for each individual
applicant, each corporate officer, director, and each
stockholder owning 10 percent or more of the capital
stock of a corporate applicant, each partner of a
partnership applicant, or manager of any of the
foregoing if applicable, and three references per
individual.
C. Cash or certified funds in the proper amounts made
payable to the Colorado Department of Revenue, and
cash or certified funds in the proper amounts made
payable to Eagle County.
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D. Complete plans and specifications for the interior and
exterior of the building, including location of all
fixed equipment, all places for storage, sale and
display of 3.2o beers, all exits and entrances, and
parking area(s). The document shall measure 81/2" X
11" and shall show the outlines of the proposed licensed
premises in a contrasting color. If the building is
non - existing at the time of application these plans and
specifications must be prepared by an architect and bear
said architect's seal.
E. An area map showing the proposed outlet outlined in a
contrasting color. The map may be obtained from the
Eagle County Planning Department.
F. A signed copy of lease, contract for sale, instrument
showing said ownership or other proof of possession for
purposes of selling beer.
G. If the applicant is a Corporation, the following
additional papers shall be required:
1. A copy of Articles of Incorporation.
2. A copy of Bylaws of Corporation.
3. A copy of minutes showing election of officers.
Said minutes should be certified by the Secretary
of the corporation.
4. A copy of the current Certificate of Good Standing.
This can be obtained from the Secretary of State's
Office.
5. A copy of minutes showing issuance of stock to
stockholders, or copies of stock certificates.
H. If the applicant is a partnership other than a husband -
wife partnership, a signed copy of partnership, a signed
copy of partnership agreement shall be required.
I. If the applicant is not manager of the proposed beer
outlet, the following shall be included in the file:
1. A signed copy of Management Agreement between
manager and owner for the period covered by the
license, if such Agreement exists.
2. A reference sheet and three reference letters, for
the manager.
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Once the file is complete, it shall be reviewed by the
County Attorney's Office for purposes of advising the Board
on any legal problems or inadequacies of the documents
submitted and suggested corrections therefor.
1.7 Neighborhood Considerations (Section 12 -46 -108, C.R.S.)
In considering the issuance of licenses, the licensing
authorities, both state and local, shall consider the
reasonable requirements of the neighborhood and the desires
of the adult inhabitants as evidenced by petitions,
remonstrances, or otherwise.
1.8 Hearing Schedule, Fees (Section 12 -46 -117, C.R.S.)
A. Upon receipt of an application, except an application
for renewal or for transfer of ownership, the local
licensing authority shall schedule a public hearing upon
the application not less than thirty (30) days from the
day of the application and shall post and publish the
public notice thereof not less than ten days prior to
such hearing. Public notice shall be given by the
postinq of a sign in a conspicuous place on the premises
for which application has been made and by publication
in a newspaper of general circulation in the county in
which the premises are located.
B. At the public hearing conducted by a local licensing
authority on an application to sell fermented malt
beverages, any party in interest shall be allowed to
present evidence and to cross - exami witnesses.
C. Each application for a license filed with a local
licensing authority shall be accompanied by an
application fee in an amount determined by the local
licensing authority to cover actual expenses subject to
the following limitations:
1. For a new license, not to exceed four hundred fifty
(450) dollars.
2. For a transfer of ownership, not to exceed two
hundred fifty (250) dollars.
3. For a change of location, not to exceed one hundred
(100) dollars.
4. For a renewal of license, not to exceed fifty (50)
dollars.
5. For a change in trade name or modification of
premise, not to exceed fifty (50) dollars.
A. Before making any decision approving or denying the
application, the Board of County Commissioners shall
consider the facts and evidence obtained as a result of
its investigation, as well as any other relevant facts,
the reasonable requirements of the neighborhood for the
type of license applied for, the desire of its
inhabitants and other pertinent matters affecting
qualifications of the applicant to sell 3.2o beer.
B. Any decision of the Board of County Commissioners
approving or denying any application shall be in the
form of a written resolution stating the reasons
therefor within 30 days after the public hearing date,
and a copy of said resolution shall be sent by certified
mail to the applicant at the address as shown in the
application.
1.10 Issuance of License (Section 12 -46 -106, C.R.S.)
No license shall be issued by the Board of County
Commissioners after approval of an application until:
A. The State license has been issued.
B. If food will be served in the licensed premises, at a
hotel or restaurant, approval by the Health Department
of the building shall be obtained, and inspection of the
building shall be conducted by the Building and the
Zoning Departments to determined if the architect's
drawings, plans and specifications have been complied
with.
2.1 Definition: Alcoholic liquors include all kinds of beers
containing 6% or more alcohol by weight and all kinds of
wines and spirits.
2.2 Licensing Authority (Section 12 -47 -135, C.R.S.)
The Board of County Commissioners of Eagle County shall be
the only authority to issue liquor licenses to applicants
residing in or outside the State of Colorado, and conducting
business within unincorporated Eagle County.
2.3 Types of Licenses (Section 12 -47 -137 C.R.S.) The Board of
County Commissioners may issue only the following licenses:
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A. Retail liquor store license.
B. Liquor - licensed drugstore license.
C. Beer and wine license.
D. Hotel and restaurant license.
E. Tavern license.
F. Club license.
G. Arts license.
H. Racetrack license.
I. Optional premise license.
J. Bed & Breakfast Permits
2.4 Application for Alcoholic Licruor Licenses (Section 12 -47
-135, C.R.S.)
2.5 File - Qualifications and Conditions for License (Section 12
-47 -135, et seq, C.R.S.) A complete file for Eagle County
must be submitted and shall include:
A. A corrpleted State Application form.
B. Completed Character Reference sheets for each individual
applicant, each corporate officer, director, and
stockholder owning 10 or more of the capital stock of a
corporate applicant, or manager of any of the foregoing,
if applicable.
C. Cash or certified funds in the proper amounts made
payable to the Colorado Department of Revenue, and cash
or certified funds in the proper amounts made payable
to Eagle County.
D. Complete plans and specifications for both interior and
exterior dimensions of proposed licensed building
including location of all fixed equipment, all places
for storage, sale and display of alcoholic liquors and
all exits, entrances, and parking areas. The document
shall measure 8 1/2" C 11" and shall show the outlines
of the proposed licensed premises in a contrasting
color. If the building is non- existinV at the time of
application these plans and specifications must be
prepared by an architect and bear said architect's seal.
E. An area map showing the location of the proposed outlet
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outlines in a contrasting color. The map may be
obtained from the Eagle County Planning Department.
F. Proof of possession for purposes of selling liquor
through lease, or assignment of lease, contract of sale,
warranty deed or other proper proof.
G. If the applicant is a Corporation, the following
additional documentation shall be required:
1. Copy of Articles of Incorporation.
2. Copy of Bylaws of Corporation.
3. Copy of minutes showinV election of officers. Said
minutes should be certified by the Secretary of
State.
4. Copy of minutes showinV issuance of stock, or
copies of stock certificates.
5. Copy of the current Certificate of Good Standing.
This may be obtained from the Secretary of State's
Office.
H. If the applicant is a partnership, excluding husband
-wife partnership, a signed copy of partnership shall be
required.
I. If the applicant himself /herself is not manager, the
following shall be added to (A) to (H) above:
1. Copy of Management Agreement signed by manager and
applicant, if such agreement exists.
2. Reference Sheet, plus three reference letters, for
the manager.
Once the file is complete, it shall be reviewed by the
County Attorney's Office for purposed of advising the Board
on any legal problems or inadequacies of the documents
submitted and suggested corrections therefor.
2.7 Hearing Schedule. Fees (Section 12 -47 -136 et sea C.R.S.)
A. Upon receipt of an application, except an application
for renewal or for transfer of ownership, the local
licensinu authority shall schedule a public hearing upon
the application for the sale or consumption of alcoholic
liquor, not less than thirty days from the date of the
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application and shall post and publish the public notice
thereof not less than ten days prior to such hearing.
Public notice shall be given by the posting of a sign in
a conspicuous place on the premises for which
application has been made and by publication in a
newspaper of general circulation in the county in which
the premises are located.
B. At the public hearing, any party in interest shall be
allowed to present evidence and to cross - examine
witnesses. "Party in interest" includes:
1. The applicant.
an adult resident of the neighborhood under
consideration.
3. The owner or manager of a business located in the
neighborhood under consideration.
C. Each application for a license filed with a local
licensinv authority shall be accompanied by an
application fee in an amount determined by the local
application fee in an amount determined by the local
licensing authority to cover actual and necessary
expenses subject to the following limitation:
1. For a new license, not to exceed four hundred fifty
(450) dollars.
For a transfer of location or ownership, not to
exceed two hundred fifty (250) dollars.
3. Bed and Breakfast Permits, not to exceed twenty -five
(25) dollars.
A. Before entering any decision approvinV or denying the
application, the Board of County Commissioners shall
consider the facts and evidence adduced as a result of
its investigation, as well as other facts, the
reasonable requirements of the neighborhood for the type
of license applied for, the desires of the inhabitants,
the number, type and availability of liquor outlets
located in or near the neighborhood under consideration,
and any other pertinent matters affecting qualifications
of the applicant for the conduct of the type of business
proposed, provided that the reasonable requirements of
the neighborhood shall not be considered in the issuance
of a club liquor license or a bed and breakfast permit
as defined in the Colorado Liquor Code.
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B. Any decision of the Board of County Commissioners
approving or denying any application shall be in the
form of a written resolution stating the reasons
therefor within 30 days after the public hearing date,
and a copy of said resolution shall be sent by certified
mail to the applicant at -the address as shown in the
application.
2.9 Issuance of License (Section 12 -47 -106 C.R.S.) No license
shall be issued by the Board of County Commissioners after
approval of an application until:
A. The State license has been issued.
B. Before granting any license, all licensing authorities
shall consider, except where this article specifically
provides otherwise, the reasonable requirements of the
neighborhood, the desires of the adult inhabitants as
evidenced by petitions, remonstrances, or otherwise, and
all other reasonable restrictions which are or may be
placed upon the neighborhood by the local licensing
authority.
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(Section 12 - 48 - 101, et sea C.R.S.) A special event permit
may be issued to an organization, whether or not presently
licensed under Articles 46 and 47 or Section 12, C.R.S.,
which has been incorporated under the laws of this state
for purposed of a social, fraternal, patriotic, political,
or athletic nature, and not for pecuniary gain, or which is
a regularly chartered branch, lodge, or chapter of a
national organization or society organized for such
purposed and being nonprofit in nature, or which is a
regularly established religious or philanthropic
institution, and to any political candidate who has filed
the necessary reports and statements with the secretary of
state pursuant to Article 45 of title 1, C.R.S.
3.1 Fees for Special Event Permits (Section 12 -48 -104 C.R.S.)
A. Ten dollars per day for a malt beverage permit (3.20);
B. Twenty -five dollars per day for a malt, vinous and
spirituous liquor permit.
3.2 Restrictions Related to Permits (Section 12 -48 -105, C.R.S.)
A. Each special event permits shall be issued for a
specific location and is not valid for any other
location.
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B. A special event permit authorizes sale of the beverages
or the liquors specified only during specified times.
1. Between the hours of five a.m. of the day specified
in a malt beverage (3.20) permit and until twelve
midnight on the same day;
2. Between the hours of seven a.m. of the day
specified in a malt, vinous and spirituous liquor
permit and until two a.m. of the day immediately
following.
3. A special event permit may not be issued to any
organization for more than ten days in one calendar
year.
4. No issuance of a special event permit shall have
the effect of requiring the state or local
licensing authority to issue such a permit upon
any subsequent application by an organization.
S. Sandwiches or other food snacks shall be available
during all hours of service of malt, spirituous or
vinous liquors, but prepared meals need not be
served.
3.3
3.4
Grounds for Denial of Special Permit (Section 12 -47 -107,
C.R.S.)
A. The state licensinq authority may deny the issuance of a
special event permit upon the grounds that such issuance
would be injurious to the public welfare by reason of
the nature of the special event, its location within the
community, or the failure of the applicant in a past
special event to conduct such event in compliance with
applicable laws and regulations.
B. Public notice of the proposed permit and of the
procedure for protesting issuance of the permit shall be
conspicuously posted at the proposed location for at
least ten days before approval of the permit by the
local licensing authority.
.Applications for Special Permit (Section 12 -48 -107, C.R.S.)
A. Applications for a special event permit shall be made
with the appropriate local licensing authority on forms
provided by the state licensing authority and shall be
verified by oath or affirmation of an officer of the
organization or of the political candidate making
application. Said application must be filed thirty (30)
days prior to the date of the event.
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B. A special event permit is granted only after the local
licensing authority approves the application, the
necessary fees are provided, and the state local
licensing authority then approves the application.
C. The local licensing authority shall cause a hearing to
be held if, after investigation and upon review of the
contents of any protest filed by affected persons,
sufficient grounds appear to exist for denial of a
permit. Any protest shall be filed by affected persons
within ten days after the day of notice pursuant to
Section 12- 48- 106(2), C.R.S. The hearing shall be held
at least ten days after the initial posting of the
notice, and notice thereof shall be provided the
applicant and any person who has filed a protest. The
local licensing authority may assign all or any portion
of its functions under this article to an administrative
officer.
3.5 �s�g�tions (Section 12 -48 -108, C.R.S.) An organization
otherwise qualifying under Section 12 -48 -102, C.R.S. shall
be exempt from the provisions of this Article and shall be
deemed to be dispensing gratuitously and not to be selling
fermented malt beverages or malt, spirituous or vinous
liquors to its members and their guests at a private
function held by such organization on unlicensed premises so
long as any admission or other charge, if any, required to
be paid or given by any such member as a condition to entry
or participation in the event is uniform as to all without
regard to whether or not a member of such member's guest
consumes or does not consume such beverages or liquors.
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