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HomeMy WebLinkAboutR07-072 Beer and Liquor Licensing Policies and ProceduresCommissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2007 -i_Z�P RESOLUTION CONCERNING EAGLE COUNTY BEER AND LIQUOR LICENSING POLICIES AND PROCEDURES WHEREAS, C.R.S. §12 -46 -101, et .seq., 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 (hereinafter "Liquor Authority "); and WHEREAS, C.R.S. §12 -47 -601 provides that the Local Licensing Authority may suspend or revoke any license issued by it for any violation by the licensee or by any agents of such licensee of the provisions of the Colorado Liquor Code or any of the rules or regulations authorized by its terms; and WHEREAS, the Board is desires to establish guidelines concerning any aggravating or mitigating factors that may be relevant to the Liquor Authority's decisions concerning suspension or revocation of a liquor license; and WHEREAS, C.R.S. §12 -47 -601 permits a County, in its sole discretion, to accept and adopt by resolution, the optional procedures set forth within said statutes for the payment of a fine in lieu of a beer and liquor license suspension; and WHEREAS, in 1999 the Board of County Commissioners adopted Resolution 99 -157 which authorized the Liquor Authority to utilize these procedures for retail license holders and the Board now wishes to extend this optional procedure to all liquor license holders; and WHEREAS, the Board of County Commissioners of Eagle County, Colorado (the "Board "), which acts as the Liquor Authority, 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, suspension and revocation of licenses for the sale of beer and liquor within the unincorporated areas of the County, and to consolidate and codify previous policies into one document. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Eagle County Beer and Liquor Code, Policies and Procedures, attached as Exhibit "A" be hereby adopted. THAT, the fee schedule, attached hereto as Exhibit "B" be hereby adopted. THAT, this Resolution is intended to codify the authority granted to the Board by the Colorado Revised Statutes and the Code of Colorado Regulations and shall not dilute, in any manner, the authority granted to the Board as set forth therein or as otherwise set forth in a previous resolution of this Board. THAT, this Resolution Concerning Eagle County Beer and Liquor Licensing Policies and Procedures is intended to repeal and replace all previous Eagle County Resolutions concerning Local Liquor Licensing Policies and Procedures. THAT, if any part, section, subsection, sentence, clause or phrase of this Resolution is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Resolution; and the Board hereby declares it would have passed this Resolution, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. MOVED, READ and ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the �_ day of May, 2007. COUNTY OF EAGLE, STATE OF COLORAD� BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS BY: ATTEST: �� c� Am M. Menconi, Chairman y ara J. Fisher, Qotwnissionc Teak J. Simonton, Clerk to the Board of County Commissioners Peter F. Ru on, Co miss Commissioner"" v`l seconded adoption of the foregoing resolution. The roll having been called, the vot was as follows: Commissioner Am M. Menconi Commissioner Sara J. Fisher _ Commissioner Peter F. Runyon 2 EXHIBIT A: EAGLE COUNTY BEER AND LIQUOR CODE POLICIES AND PROCEDURES I. LICENSING PROCEDURES 3.2% FERMENTED MALT BEVERAGES (Section 12 -46 -103 et seq., C.R.S.) 3.2% fermented malt beverages are all kinds of beers containing not more than 3.2% alcohol by weight. The Board of County Commissioners of Eagle County sitting as the Eagle County Liquor Licensing Authority (hereinafter, the "Liquor Authority ") shall be the authority to issue 3.2% fermented malt beverage licenses to applicants carrying on business within unincorporated Eagle County. Such authority shall be in accordance with applicable sections of the Colorado Revised Statutes, as may be amended from time to time. 1.1 Filing Qualifications (Sections 12 -46 -104 and 12 -47 -301, C.R.S.) All completed applications must be submitted to the Liquor License Coordinator, in the Eagle County Clerk and Recorder's Office and must include the following: A. All information called for in applicable statutes, regulations, or state - approved application forms. B. A petition consisting of signatures of the inhabitants of the neighborhood. C. Proof of possession of proposed licensed premises through a lease, assignment of lease, contract of sale, warranty deed or other property proof D. An area map showing the proposed licensed premises outlined in red. E. Individual history form for each individual applicant, each corporate officer, each stockholder owning more than 10% or more of the capital stock of a corporate applicant, each partner of a partnership applicant, each member of a LLC and any manager of any of the foregoing F. An Alcohol Management Plan. G. Proof of alcohol server training within 30 days of hire for all employees serving, selling or dispensing not more than 3.2% fermented beverages, with one of the following approved programs, or any other server training program approved by the State of Colorado, which training shall be repeated every three years: 1. T.I.P.S. (Training for Intervention Procedures by Servers of Alcohol) (In -class session only); 2. ServSafeAlcohol (Serving Alcohol Responsibly); or 3. Learn2Serve Program (Web based program). In order to lawfully serve alcohol beverages, all newly hired employees who may be required to serve alcohol beverages as part of their employment duties must be trained within 30 days of hire. Any newly hired employee who serves alcohol before the 30 day training requirement has been met must be supervised by a properly trained alcohol server at all times that alcohol beverages are being served. H. All applicable fees according to the fee schedule attached hereto, as may be amended from time to time. I. If the applicant is a Corporation: i) Certificate of Incorporation, if less then two years old, or Certificate of Good Standing; ii) Articles of Incorporation; iii) Copy of Bylaws of the Corporation; iv) Copy of minutes of the organizational meeting showing election of officers (said minutes should be certified by the secretary of the corporation); and V) Copy of the minutes showing the issuance of stock, or copies of stock certificates. J. If the applicant is a Partnership, a signed copy of the partnership shall be required. K. If the applicant is a Limited Liability Company: i) A copy of the articles of organization; ii) Acknowledgment from the Secretary of State; and iii) A copy of the operating agreement, which designates the responsible party L. If the applicant is not the manager, i) A copy of the management agreement signed by the manager and applicant; or an affidavit of duties and the compensation of manager; ii) An individual history form; and iii) The manager's fingerprints. M. Any other information deemed necessary by the Liquor Authority or its designee in reviewing the application. 1.2 Review of Application File Once the application is submitted it shall be reviewed by the County Liquor License Coordinator and the County Attorney's Office, if necessary, for completeness for the purposes of advising the Liquor Authority on any legal problems or inadequacies of the documents submitted and suggested corrections therefore. A completed application with accompanying fees shall be acted upon by the Liquor Authority pursuant to the applicable provisions of the Colorado Revised Statutes. 1.3 Neighborhood Considerations Before granting any license, the Liquor Authority shall consider the reasonable requirements of the neighborhood, the desires of the adult inhabitants as evidence by petitions or otherwise, and all reasonable restrictions that are or may be placed upon the neighborhood by the Liquor Authority. 1.4 Hearing Schedule, Fees (C.R.S. §§ 12 -47 -311 and 12 -47 -505) A. Upon receipt of an application, except an application for renewal, the Liquor Authority shall schedule a public hearing upon the application not less than thirty (30) days from the date of application and shall post and publish the public notice thereof not less than ten (10) 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 by publication in a newspaper of general circulation in Eagle County. B. At the public hearing conducted by the Liquor Authority on an application to sell not more than 3.2% fermented malt beverages, any interested party shall be allowed to present evidence and to cross - examine witnesses. C. Each application for a license filed with the Liquor Authority shall be accompanied by a license fee and an application fee as provided by the fee schedule attached hereto, to cover actual and necessary expenses. 1.5 Decision of the Local Liquor Licensing Authority A. Before making any decision approving or denying the application, the Liquor Authority 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 not more than 3.2% fermented malt beverage. B. Any decision of the Liquor Authority denying any application shall be in the form of a written resolution stating the reasons therefore 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. 1.6 Issuance of License (C.R.S. §§ 12 -47 -301 and 12 -47 -312) No license shall be issued by the Liquor Authority after approval of an application until: A: The State license has been issued; B. Inspection of the building, conducted by the Eagle County Building Department has confirmed that the applicant has complied with the architect's drawing and the detailed sketch for the interior of the building submitted with the application building in which the business is to be conducted is ready for occupancy with such furniture, fixtures, and equipment in place; and C. If food will be served in the licensed premises, approval by the Eagle County Environmental Health Department has been obtained; 1.7 Hearing Procedures 5 Even where no hearing is required by these terms, the Liquor License Coordinator or the Chairman may set the matter for hearing. A. New License Applications: Must be heard by the Liquor Authority. B. Transfer of Ownership: Must be heard by the Liquor Authority. C. Renewals: The Liquor Authority or the Liquor License Coordinator may require a hearing at which the applicant must be present if staff or a member of the Authority has raised concerns or questions concerning the renewal of the license. Otherwise, no hearing is required. D. Manager Registrations: Generally, no hearing is required for registration of a new manager. However, the Liquor Authority or staff may require a hearing at which the new manager must be present if staff or a member of the Authority has raised questions or concerns concerning the new management. In any event, new managers are encouraged to be present during the meetings at which they are registered so as to answer any questions that may arise. E. Change in Corporate Structure: No hearing required if persons are reported to be of good moral character. F. Modification of Premises: No hearing required if the original boundary remains the same. If the boundary is proposed to change, a hearing is required and the applicant must appear. G. Trade Name Change: No hearing required. H. Change in Corporate Name: No hearing required. I. Change in Location: Hearing required and applicant must appear. 2. ALCOHOLIC LIQUORS Alcoholic liquors include all kinds of beers containing more than 3.2% alcohol by weight and all kinds of wine and spirits. The Liquor Authority shall be the authority to issue liquor licenses to applicants residing inside or outside the State of Colorado, and conducting business within unincorporated Eagle County. Such authority shall be in accordance with applicable sections of the Colorado Revised Statutes, as may be amended from time to time. 2.1 Classes of Licenses and Permits (C.R.S. §12 -47 -309) The Liquor Authority may only issue the classes of liquor licenses listed in Colorado Revised Statutes § 12 -47 -309 (1), upon application and payment of the fee specified in the fee schedule attached hereto as Exhibit "B." 2.2 Filing Qualifications (Section 12 -47 -309, C.R.S.) All completed applications submitted to the Eagle County Liquor License Coordinator at the Eagle County Clerk and Recorder's Office, and must include the following: A. All information called for in applicable statutes, regulations, or state - approved application forms. B. A petition consisting of signatures of the inhabitants of the neighborhood. C. Proof of possession of proposed licensed premises through a lease, assignment of lease, contract of sale, warranty deed or other property proof D. An area map showing the proposed licensed premises outlined in red. E. Individual history form for each individual applicant, each corporate officer, each stockholder owning more than 10% or more of the capital stock of a corporate applicant, each partner of a partnership applicant, each member of a LLC and any manager of any of the foregoing D. An Alcohol Management Plan. E. Proof of alcohol server training within 30 days of hire for all employees serving, selling or dispensing alcohol beverages, with one of the following approved programs or any other server training program approved by the State of Colorado, which training shall be repeated every three years: 1. T.I.P.S. (Training for Intervention Procedures by Servers of Alcohol) (In -class session only); 2. ServSafeAlcohol (Serving Alcohol Responsibly); or 3. Learn2Serve Program (Web based program). In order to lawfully serve alcohol beverages, all newly hired employees who may be required to serve alcohol beverages as part of their employment duties must be trained within 30 days of hire. Any newly hired employee who serves alcohol before the 30 day training requirement has been met must be supervised by a properly trained alcohol server at all times that alcohol beverages are being served. F. All applicable fees according to the fee schedule attached hereto, as may be amended from time to time. G. If the applicant is a Corporation: i) Certificate of Incorporation, if less then two years old, or Certificate of Good Standing; ii) Articles of Incorporation; iii) Copy of Bylaws of the Corporation; iv) Copy of minutes of the organizational meeting showing election of officers (said minutes should be certified by the secretary of the corporation); and V) Copy of the minutes showing the issuance of stock, or copies of stock certificates. H. If the applicant is a Partnership, a signed copy of the partnership shall be required. I. If the applicant is a Limited Liability Company: i) A copy of the articles of organization; ii) Acknowledgment from the Secretary of State; and iii) A copy of the operating agreement, which designates the responsible party J. If the applicant is not the manager, i) A copy of the management agreement signed by the manager and applicant; or an affidavit of duties and the compensation of manager; ii) An individual history form; and iii) The manager's fingerprints. K. Any other information deemed necessary by the Liquor Authority or its designee in reviewing the application. 2.3 Review of Application File Once the application is submitted it shall be reviewed by the Liquor License Coordinator and the County Attorney's Office, if necessary, for completeness for the purposes of advising the Liquor Authority on any legal problems or inadequacies of the documents submitted and suggested corrections therefore. A completed application with accompanying fees shall be acted upon by the Liquor Authority pursuant to the applicable provisions of the Colorado Revised Statutes. 2.4 Neighborhood Considerations Before granting any license, the Liquor Authority shall consider the reasonable requirements of the neighborhood, the desires of the adult inhabitants as evidence by petitions or otherwise, and all reasonable restrictions that are or may be placed upon the neighborhood by the Liquor Authority. 2.5 Hearing Schedule, Fees (C.R.S. §§ 12 -47 -311 and 12 -47 -505) A. Upon receipt of an application, except an application for renewal, the Liquor Authority shall schedule a public hearing upon the application not less than thirty (30) days from the date of application and shall post and publish the public notice thereof not less than ten (10) 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 by publication in a newspaper of general circulation in Eagle County. B. At the public hearing conducted by the Liquor Authority on an application to sell alcoholic beverages, any interested party shall be allowed to present evidence and to cross - examine witnesses. C. Each application for a license filed with the Liquor Authority shall be accompanied by a license fee and an application fee as provided by the fee schedule attached hereto as Exhibit "B," to cover actual and necessary expenses. 2.6 Decision of the Liquor Authority A. Before making any decision approving or denying the application, the Liquor Authority 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 8 affecting qualifications of the applicant to sell not more than 3.2% fermented malt beverage. B. Any decision of the Liquor Authority denying any application shall be in the form of a written resolution stating the reasons therefore 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. 2.7 Issuance of License (C.R.S. §§ 12 -47 -301 and 12 -47 -312) No license shall be issued by the Liquor Authority after approval of an application until: A. The State license has been issued; B. Inspection of the building, conducted by the Eagle County Building Department has confirmed that the applicant has complied with the architect's drawing and the detailed sketch for the interior of the building submitted with the application building in which the business is to be conducted is ready for occupancy with such furniture, fixtures, and equipment in place; and C. If food will be served in the licensed premises, approval by the Eagle County Environmental Health Department has been obtained. 2.8 Hearing Procedures Even where no hearing is required by these terms, the Liquor License Coordinator or the Chairman may set the matter for hearing. A. New License Applications: Must be heard by the Liquor Authority. B. Transfer of Ownership: Must be heard by the Liquor Authority. C. Renewals: The Liquor Authority or the Liquor License Coordinator may require a hearing at which the applicant must be present if staff or the Chairman has raised concerns or questions concerning the renewal of the license. Otherwise, no hearing is required. D. Manager Registrations: Generally, no hearing is required for registration of a new manager. However, the Liquor Authority or staff may require a hearing at which the new manager must be present if staff or a member of the Authority has raised questions or concerns concerning the new management. In any event, new managers are encouraged to be present during the meetings at which they are registered so as to answer any questions that may arise. E. Change in Corporate Structure: No hearing required if persons are reported to be of good moral character. F. Modification of Premises: No hearing required if the original boundary remains the same. If the boundary is proposed to change, a hearing is required and the applicant must appear. G. Trade Name Change: No hearing required. 9 H. Change in Corporate Name: No hearing required. I. Change in Location: Hearing required and applicant must appear. 3. SPECIAL EVENT PERMITS (Section 12 -48 -101 et seq., C.R.S.) The Liquor Authority, and the Liquor License Coordinator as its designee, shall be the authority to issue special event permits to applicants residing in or outside the State of Colorado, and conducting business within unincorporated Eagle County. Such authority shall be in accordance with applicable sections of the Colorado Revised Statutes, as may be amended from time to time. 3.1 Restrictions Related to Permits (C.R.S. § 12 -48 -105) A. Each special event permit shall be issued for a specific location and is not valid for any other location. B. A special event permit authorizes sale of the alcohol beverages or liquors specified only during the times specified within the permit. C. A special event permit may not be issued to any organization for more than ten days in a calendar year. D. No issuance of a special event permit shall have the effect of requiring the Liquor Authority to issue such a permit upon any subsequent application by the organization. E. Sandwiches or other food snacks shall be available during all hours of service of malt, vinous and or spirituous liquors, but prepared meals need not be served. 3.2 Filing Requirements (Section 12 -48 -107, C.R.S.) A. Applications fora special event permit shall be made with the Liquor Authority on forms provided by the state licensing authority and shall be verified by oath of affirmation of an officer of the organization or of the political candidate making the application. Said application must be filed at least 30 days prior to the date of the event. B. All completed applications submitted to Eagle County must include the following: 1. Deed or lease for the premises; 2. Approval letters from the Eagle County Sheriff, Department of Environmental Health and Chief Building Official for Eagle County; 3. Certificate of Good Standing 4. An area map showing the proposed licensed premises outlined in red; 5. Current insurance policy 6. Copy of Sales Tax License or Exempt Certificate 7. Alcohol Management Plan 8. Proof of alcohol server training within 30 days of hire for all employees serving, selling or dispensing alcohol beverages, with one of the following approved programs or any other server training program approved by the State of Colorado, which training shall be repeated every three years: 101 I . T.I.P.S. (Training for Intervention Procedures by Servers of Alcohol) (In -class session only); 2. ServSafeAlcohol; (In -class session or Web Based Program); or 3. Learn2ServetobyTanny Program (Web based program) In order to lawfully serve alcohol beverages, all newly hired employees who may be required to serve alcohol beverages as part of their employment duties must be trained within 30 days of hire. Any newly hired employee who serves alcohol before the 30 day training requirement has been met must be under the supervision of a properly trained alcohol server at all times that alcohol beverages are being served. 9. All applicable fees according to the fee schedule attached hereto, as may be amended from time to time. 10. Any other information deemed necessary by the Liquor Authority or its designee in reviewing the application. 3.3 Review of Application File Once the application is submitted it shall be reviewed by the County Clerk & Recorder's Office and the County Attorney's Office, if necessary, for completeness for the purposes of advising the Liquor Authority on any legal problems or inadequacies of the documents submitted and suggested corrections therefore. A completed application with accompanying fees shall be acted upon by the Liquor Authority pursuant to the applicable provisions of the Colorado Revised Statutes. 3.4 Grounds for Denial of Special Event Permit A. The Liquor Authority may deny the issuance of a special event permit upon the grounds that such issuance would not be in the best interest of the public by reason of the nature of the special event, its location within the community, failure of the applicant to provide proof of proper server training 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 the permit is to be considered by the Liquor Authority. 4. OPTIONAL PREMISES (Section 12 -47 -310, C.R.S.) The Liquor Authority shall be the authority to issue optional premises licenses to applicants residing in or outside the State of Colorado, and conducting business within unincorporated Eagle County. Such authority shall be in accordance with applicable sections of the Colorado Revised Statutes, as may be amended from time to time. The following standards for the issuance of optional premises licenses or for optional premises for a hotel and restaurant license are hereby adopted pursuant to the provisions of Section 12 -47 -310 C.R.S. 4.1 Filing Requirements (Section 12 -47 -310, C.R.S.) All completed applications submitted to Eagle County must include the following: A. All information called for in applicable statutes, regulations, or state- approved application forms. B. A map or other drawing illustrating the outdoor sports or recreational facility boundaries, the location of each optional premise requested, and the areas in which the applicant desires to store malt, vinous, and spirituous liquors for future use on the optional premises. C. All applicants shall submit a description of the method which will be used to identify and control the optional premises when it is in use. For example, the applicant may describe the types of signs, fencing or other notices or barriers to be used in order to control the optional premises. D. All applicable fees according to the fee schedule attached hereto, as may be amended from time to time. Any other information deemed necessary by the Liquor Authority in reviewing the application. 4.2 Review of Application File Once the application is submitted it shall be reviewed by the County Clerk & Recorder's Office and the County Attorney's Office, if necessary, for completeness for the purposes of advising the Liquor Authority on any legal problems or inadequacies of the documents submitted and suggested corrections therefore. A completed application with accompanying fees shall be acted upon by the Liquor Authority pursuant to the applicable provisions of the Colorado Revised Statutes. 4.3 Eligible Facilities An optional premises may only be approved when that premises is located on or adjacent to an outdoor sports and recreational facilities as defined in C.R.S. Section 12 -47 -310. The types of outdoor sports and recreational facilities which may be considered for an outdoor premises license include the following: A. Country Club B. Golf courses and driving ranges C. Ice skating areas D. Ski areas E. Swimming pools F. Outdoor tennis courts and clubs G. Equestrian centers H. Horse shoe pits 1. Dude ranch J. Athletic Facility K. Others as deemed eligible by the Liquor Authority and the Liquor License Coordinator as its designee. 12 There are no restrictions on the minimum size of the outdoor sports and recreational facilities which may be eligible for the approval of an optional premises license. However, the Liquor 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 may deny any optional premises application if the Liquor Authority considers the related facility to be too small to require an optional premise. 4.4 Number of Optional Premises The Liquor Authority, in its discretion, may restrict the number of optional premises which any one licensee may have. Any licensee requesting approval of more than one optional premise shall: A. Explain the reason for each optional premises requested. B. Demonstrate how the optional premises relate to each other from an operational standpoint. C. Demonstrate to the satisfaction of the Liquor Authority the need for each optional premise in relationship to the outdoor sports and recreational facility and its guests. D. Demonstrate that the optional premises will not adversely affect the neighborhood in which it is located. 4.5 Advance Notification Pursuant to C.R.S. Section 12 -47 -310 (3), no alcoholic beverages may be served on an optional premises without the licensee having provided written notice to the State and Liquor Authority 48 hours prior to serving alcoholic beverages on the optional premises. The notice must contain the specific days and hours during which the optional premises are to be used 5. BED AND BREAKFAST PERMITS (Section 12 -47 -410, C.R.S.) 5.1 Bed & Breakfast Permit The Liquor Authority shall be the authority to issue Bed and Breakfast permits to applicants residing in or outside the State of Colorado, and operating a bed and breakfast with not more that twenty (20) sleeping rooms that offers complimentary malt, vinous & spirituous liquors for consumption only on the premises and only by overnight guests. A bed and breakfast permittee shall not sell alcoholic beverages by the drink and shall not serve alcoholic beverages for more that four (4) hours in any one day. 5.2 Filing Qualifications All completed applications submitted to Eagle County must include the following: 13 A. All information called for in applicable statutes, regulations, or state - approved application forms. B. An area map showing the proposed licensed premises outlined in red. C. An Alcohol Management Plan. D. Proof of alcohol server training within 30 days of hire for all employees serving, selling or dispensing alcohol beverages, with one of the following approved programs or any other server training program approved by the State of Colorado, which training shall be repeated every three years: 1. T.I.P.S. (Training for Intervention Procedures by Servers of Alcohol) (In -class session only); 2. ServSafeAlcohol (Serving Alcohol Responsibly); or 3. Learn2Serve Program (Web based program). In order to lawfully serve alcohol beverages, all newly hired employees who may be required to serve alcohol beverages as part of their employment duties must be trained within 30 days of hire. Any newly hired employee who serves alcohol before the 30 day training requirement has been met must be under the supervision of a properly trained alcohol server at all times that alcohol beverages are being served. E. All applicable fees according to the fee schedule attached hereto, as may be amended from time to time. F. Any other information deemed necessary by the Liquor Authority or its designee in reviewing the application. 5.3 Review of Application File Once the application is submitted it shall be reviewed by the County Clerk & Recorder's Office and the County Attorney's Office, if necessary, for completeness for the purposes of advising the Liquor Authority on any legal problems or inadequacies of the documents submitted and suggested corrections therefore. A completed application with accompanying fees shall be acted upon by the Liquor Authority pursuant to the applicable provisions of the Colorado Revised Statutes. 6. TASTING PERMITS (Section 12 -47- 301(10), C.R.S.) The Liquor Authority designee shall be the authority to issue tasting permits to applicants operating retail liquor stores or liquor- licensed drugstores within unincorporated Eagle County. Such authority shall be in accordance with applicable sections of the Colorado Revised Statutes, as may be amended from time to time. 6.1 Filing Requirements All completed applications submitted to Eagle County must include the following: 14 A. All information called for in applicable statutes, regulations, or state- approved application forms. B. All applicable fees according to the fee schedule attached hereto, as may be amended from time to time. C. Proof of alcohol server training with a State recognized vendor for all individuals who will be serving alcohol beverages. D. Any other information deemed necessary by the Liquor Authority or its designee in reviewing the application. 6.2 Review of Application File Once the application is submitted it shall be reviewed by the County Clerk & Recorder's Office and the County Attorney's Office, if necessary, for completeness for the purposes of advising the Liquor Authority on any legal problems or inadequacies of the documents submitted and suggested corrections therefore. A completed application with accompanying fees shall be acted upon by the Liquor Authority pursuant to the applicable provisions of the Colorado Revised Statutes. II. VIOLATIONS OF THE LIQUOR CODE Licensees must comply with all applicable state and local laws regarding the sale, service and delivery of alcoholic beverages. 1. PROCEDURE A. Whenever a written complaint has been filed with the Eagle County Licensing Authority, charging any licensee for the manufacture or sale of alcohol beverages with a violation of any law or of any of the provision of these regulations, the Liquor Authority shall determine by investigation or otherwise the probable truth of such charges. B. If it shall appear therefore or shall otherwise come to the attention of the Liquor Authority that there is probable cause to believe that a licensee has violated any such law, rule or regulation, the Liquor Authority shall issue and cause to be served upon such licensee a Notice of Hearing and Order to Show Cause why its license should not be suspended or revoked. This notice shall detail the charges alleged and be served upon the Licensee or its agent at its business location at least 10 days prior to the actual hearing. C. If licensee denies the allegations of the complaint, a hearing shall be held at a place and time designated by the Liquor Authority on the day stated in a notice mailed to licensee at the address shown on the license. For good cause shown, the hearing may be postponed or rescheduled. Evidence in support of the charges shall be given first, followed by cross - examination of those testifying thereto. The licensee, in person or by counsel, shall then be permitted to give evidence in defense and in explanation, and shall then be allowed to give evidence and statements in mitigation of the charges. 15 D. The Authority has the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books and records necessary to the determination of any hearing that the Liquor Authority is authorized to conduct. E. In the event the licensee is found not to have violated any law, rule or regulation, the charges against him will be dismissed. If the licensee is found to have committed the violation charged or any other law, regulation, or order of the Authority, his license may be suspended or revoked. Evidence and statements in aggravation or mitigation of the offense shall also be permitted and may be considered in determining the appropriate penalty. F. If the Liquor Authority has reasonable grounds to believe and finds that a licensee has been guilty of a deliberate and willful violation of any applicable law, regulation, order of the Authority, or that the public health, safety or welfare imperatively requires emergency action and incorporates such findings in its order, it may be temporarily or summarily suspend the license pending a hearing and further proceedings for suspension or revocation which shall be promptly instituted and determined. G. The temporary suspension of a license without notice pending any prosecution, investigation, or public hearing shall be for a period not to exceed fifteen days. H. Notice of suspension or revocation shall be mailed to licensee at the address contained in such license or permit. I. Every licensee whose license has been suspended by any Liquor Authority shall post two notices in conspicuous places, one on the exterior and one on the interior of its premises, for the duration of the suspension. The notices shall be two feet in length and fourteen inches in width containing lettering not less 1/2" in height, and shall be in the following form: NOTICE OF SUSPENSION ALCOHOL BEVERAGES LICENSES ISSUED FOR THESE PREMISES HAVE BEEN SUSPENDED BY ORDER OF THE LOCAL LICENSING AUTHORITY FOR VIOLATION OF THE COLORADO LIQUOR /BEER CODE Advertising or posting signs to the effect that the premises have been closed or business suspended for any reason other than by order of the department suspending alcohol beverage license, shall be deemed a violation of this rule. 2. SENTENCING GUIDELINES A. In addition to any other penalties prescribed by Articles 46 and 47 of Title 12, Colorado Revised Statutes, the Liquor Authority may suspend or revoke any license or permit issued by such Authority for any violation or by the licensee or by any of the agents, servants, or employees of such licensee of the provisions of any of the provisions of the Colorado Beer and Liquor Code, these regulations the rol terms, conditions or provisions of the license or permit issued by the Authority, or a previous order of the Authority. B. Upon finding of a violation of the Colorado Beer and Liquor Code, these regulations, the terms, conditions, or provisions of the license or permit, or a previous .order of the Authority, the Authority may suspend a license for any amount of time it deems appropriate, however, no suspension shall be for a longer period than 6 months. C. In determining the appropriate sentence or sanction to be imposed for a violation the Authority shall consider all mitigating and aggravating circumstances surrounding the violation. The following factors shall be considered in the determination of any sentence to be imposed in the suspension of a liquor license: i. Seriousness of the violation(s) ii. Prior violations and offenses at the licensed premises Whether violation constitutes a repeated course of conduct or was an isolated event iv. Corrective actions taken (if any) V. Likelihood of recurrence V. Willfulness of the violation(s) vi. Length of time the license has been held by this licensee vii. Previous sanctions imposed against the licensee viii. Completeness and adequacy of Alcohol Management Plan, and Server Training Information provided by Licensee to the Eagle County Clerk and Recorder's Office. ix. Whether the Licensee may be considered a responsible vendor pursuant to C.R.S. § 12 -47 -1002. ix. Any other factors making the situation with respect to licensee or premises unique. D. In an effort to encourage open communication with the Eagle County Sheriff's Office as issues with over - service of alcohol and service to minors, it shall be a mitigating factor that Licensee can show a consistent history of cooperation with the Eagle County Sheriff's Office in circumventing service of underage patrons and to avoid potential issues involved with the over - service of alcohol. E. At its sole discretion, the Liquor Authority may hold a number of suspension days in abeyance, pending no violations of the Liquor Authority's Order and no further violations of the Colorado Beer and Liquor Codes, these regulations during a period of one year from the date the suspension was issued. 3. PAYMENT OF FINE IN LIEU OF SUSPENSION A. Whenever a decision of the Board suspending a liquor license for fourteen (14) days or less becomes final, whether by failure of the license holder to appeal the 17 decision or by exhaustion of all appeals and judicial review, the retail licensee may, before the operative date of the suspension, petition for permission to pay a fine in lieu of having the license suspended for all or part of the suspension period. The petition may be presented immediately following the hearing resulting in license suspension. Upon receipt of the petition, Eagle County may, in its sole discretion, stay the proposed suspension and cause any investigation to be made which it deems desirable, and may, in its sole discretion, grant the petition if it is satisfied: I) That the public welfare and morals would not be impaired by permitting the retail licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes; II) That the books and records of the licensee are kept in such a manner that the loss of sales of alcoholic beverages that the retail licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy therefrom; and III) That the licensee has not had his or her license suspended or revoked, nor had any suspension stayed by payment of a fine, during the two years immediately preceding the date of the motion or complaint which has resulted in a final decision to suspend the license. B. The fine accepted shall be the equivalent of twenty percent of the licensee's estimated gross revenues from sales of alcohol beverages during the entire period of the proposed suspension. If the Liquor Authority had initially entered an order staying a portion of the suspension, those days that had been previously held in abeyance shall be counted as days of suspension for purposes of calculating the fine. The fine shall not be less than two hundred dollars ($200) nor more than five thousand dollars ($5,000). C. Payment of any fine pursuant to the provisions of this subsection (1) shall be in the form of case or in the form of a certified check or cashier's check made payable to Eagle County; D. Upon payment of the fine pursuant to this section, the Liquor Authority shall enter its further order permanently staying the imposition of the suspension. The Board shall cause such moneys to be paid into the general fund; E. In connection with a petition pursuant to this section, the Liquor Authority may grant such stay as necessary for it to complete its investigation and make its findings, and if it makes such findings, to the granting of an order permanently staying the imposition of the entire suspension. 18 (L Dated: F. If the Liquor Authority does not make the findings required in paragraph A of this section and does not order the suspension permanently stayed, the suspension shall go into effect on the operative date finally set by the Liquor Authority. G. At the discretion of the Liquor Authority, the Authority may order a sign be posted at the establishment indicating that there was a violation of the Colorado Liquor and Beer Codes and that the licensee was allowed to pay a fine in lieu of suspension. This notice shall state the nature of the violation and shall be posted for the time of the original suspension. H. The determination of the Liquor Authority to deny a fine in lieu of suspension, or to allow a fine in lieu of suspension and the determination of the amount of the fin where allowed in lieu of suspension shall be final decisions committed to the Liquor Authority's discretion. EAGLE COUNTY, STATE OF COLORADO BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS By: Attest: Am M. Menconi, Chairman Clerk of the Board of County Commissioners 19