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HomeMy WebLinkAboutR01-093 amending reso 92-214 beer and liquor licensing policiesC Commissioner r moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 0 ' 7 7 0 9 AMENDING RESOLUTION 92 -214 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, limitation, 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 licenses for the sale of beer and liquor within the unincorporated areas of the County; and WHEREAS: on June 4, 1984, the Board adopted Resolution No. 84 -28 pursuant to C.R.S. 12 -47- 135.5, providing standards for the issuance of Optional Premises Licenses, and Optional Premises for a hotel and restaurant license, as defined in C.R.S. 12 -47 -103 (13.5); and WHEREAS, after due notice, in public hearing held December 21, 1992, the Board considered the policies and procedures set forth in Resolution No. 84 -28; and WHEREAS, on December 5, 1994, the Board adopted Resolution No. 94 -190 amending and adopting the Eagle County Beer and Liquor Code Policies and Procedures, as the same had been amended; and WHEREAS, on May 6, 1996, the Board adopted Resolution No. 96 -48 amending and adopting the Eagle County Beer and Liquor Code Policies and Procedures, as the same had been amended; and WHEREAS, on September 20, 1999, the Board adopted Resolution No. 99 -157 adopting the optional procedures within C.R.S. 12 -47 -601 for payment ofa fine in lieu of beer or liquor license suspension; and WHEREAS, on January 31, 2000, the Board adopted Resolution 2000 -023, amending Eagle County Beer and Liquor Code Policies and Procedures, hearing policy, WHEREAS, on July 10, 2000, the Board adopted Resolution 2000 -101, amending Eagle County Beer and Liquor Code Policies and Procedures, hearing policy, 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 and are hereby adopted. THAT, the provisions of all previous Resolutions be and are hereby re- adopted. MOVED, READ and ADOPTED by the Board of County Commis ' ers of the County of Eagle, State of Colorado, at its regular meeting held the f1 4 t day of JtL.Aj , 2001. COUNTY OF EAGLE, STATE OF COLORADO, By and Through It's BOARD OF COUNTY COMMISSIONERS Commissioner seconded adoption of the fore -going resolution. The roll having been called, th"vo wa s as follows: Commissioner Tom Stone Commissioner Michael Gallagher Commissioner Am Menconi This Resolution passed by ( vote of the Board of County Commissioners of the 0 County of Eagle, State of Colorado. 2 Uj EXHIBIT A EAGLE COUNTY BEER AND LIQUOR CODE POLICIES AND PROCEDURES 1. BEERS AND LIQUORS 1.1 3.2% FERMENTED MALT BEVERAGES (Section 12 -46 -103 et seq C.R.S.) Definition: 3.2% Fermented malt beverages are all kinds of beers containing not more than 3.2% alcohol by weight. 1.2 Licensing Authority (Section 12 -46 -103 et seq, C.R.S.) The Board of County Commissioners of Eagle County shall be the only authority to issue 3.2% fermented malt beverage licenses to applicants carrying on business within unincorporated Eagle County. 1.3 Classes of Licenses (Section 12 -46 -107, C.R.S.) The Board of County Commissioners shall issue only the following licenses for 3.2% beers. - Sales for consumption off the premises 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 Application for 3.2% Beers (Section 12 -46 -309, C.R.S.) 1.5 Filing Qualifications (Section 12 -46 -108 et seq, C.R.S.) A complete file for Eagle County must be submitted and shall include the following: A. Completed State Application B. Appropriate fees C. Petition consisting of signatures of at least 15% of the inhabitants of the neighborhood. D. Proof of possession for purposes of selling not more than 3.2% fermented malt beverages through a lease, or assignment of lease, contract of sale, warranty deed or other proper proof. E. Complete plans and specifications for both the interior and exterior dimensions of the proposed licensed building, including location of all fixed equipment, all places for storage, sale and display of not more than 3.2% fermented malt beverages, all exits, entrances, and parking area (s). The document shall measure 8 %" x 11 ". 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. F. An area map showing the proposed licensed premises outlined in red. G. Individual History Form for each individual applicant, each corporate officer, director, and each stockholder owning 10% or more of the capital stock of a corporate applicant, each 3 partner of a partnership applicant, each member of a limited liability company and manager of any of the foregoing. H. Fingerprints for all of the above I. Alcohol Management Plan J. If the applicant is a corporation, the following additional papers shall be required: 1. Certification of Incorporation, if less than two years old, or Certificate of Good Standing. 2. Articles of Incorporation. 3. Copy of Bylaws of the Corporation. 4. Copy of minutes of the organizational meeting showing election of officers, said minutes should be certified by the secretary of the corporation. 5. Copy of minutes showing issuance of stock, or copies of stock certificates. K. If the applicant is a Partnership, excluding husband and wife partnerships, a signed copy of the partnership agreement shall be required. L. If the applicant himself/herself is not manager the following shall be added to A through M above: 1. Permit application/Report of Changes 2. Copy of management agreement signed by the manager and applicant, if such agreement exists. If not, affidavit of duties and compensation of manager shall be submitted. 3. Individual History Form with fingerprints. M. Proof of T.I.P. S. (Training for Intervention Procedures by Servers of Alcohol) within 60 days of hire for all employees serving, selling or dispensing not more than 3.2% fermented beverages. N. If the applicant is a Limited Liability Company the following shall be added to A through N above: 1. Copies of articles of organization for Limited Liability Companies. 2. Acknowledgment from the Secretary of State 3. Copy of operating agreement, designation of responsible party 1.6 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 for completeness for the purposes of advising the Liquor Authority on any legal problems or inadequacies of the documents submitted and suggested corrections therefor. 1.7 Neighborhood Consideration (Section 12 -46 -108, C.R.S.) Before granting any license, the licensing authority shall consider, the reasonable requirements of the neighborhood, the desires of the adult inhabitants as evidenced by petitions, remonstrances, or otherwise, all other reasonable restrictions that are or may be placed upon the neighborhood by the local licensing authority. 1.8 Hearing Schedule, Fees (Section 12 -46 -117, C.R.S.) A. Upon receipt of an application, except an application for renewal, the licensing n 0 0 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 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 an by publication in a newspaper of general circulation in the County in which the premises are located. B. At the public hearing conducted by the licensing authority on an application to sell not more than 3.2% fermented malt beverages any interested parry shall be allowed to present evidence and to cross - examine witnesses. C. Each application for a license filed with a licensing authority shall be accompanied by an application fee in an amount determined by the local licensing authority to cover actual and necessary expenses subject to the following limitations; 1. For a new license, and/or transfer of ownership, not to exceed five hundred ($500.00) dollars. 2. For a change of location, not to exceed one hundred ($100.00) dollars. 3. For a renewal of license, not to exceed fifty ($50.00) dollars. 4. For a change in trade name or modification of premises, not to exceed fifty ($50.00) dollars. 1.9 Decisions of the Board of County Commissioners. 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 not more than 3.2% fermented malt beverage. B. Any decision of the Board of County Commissioners 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. 1.10 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, approval by the Eagle County Environmental Health Department shall be obtained. and inspection of the buildina shall be conducted by the Eagle County Building Department to determine if the architect's drawings, plans and specifications have been complied with. 2. ALCOHOLIC LIQUORS 2.1 Definition: Alcoholic liquors include all kinds of beers containing more than 3.2% alcohol by weight and all kinds of wines and spirits. C C. 2.2 Licensing Authority (Section 12 -47 -135 et seq, 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 Classes of Licenses (Section 12 -47 -401, C.R.S.) The Board of County Commissioners may issue only the following licenses: A. Retail liquor store license. B. Liquor licensed drugstore license. C. Beer and wine license. D. Hotel and restaurant license. E. Tavern license. F. Brew pub license G. Club license. H. Arts license. I. Racetrack license. J. Optional premise license. K. Retail gaming tavern license 2.4 Application for alcoholic liquor license (Section 12 -47 -309, C.R.S.) 2.5 Filing Qualifications (Section 12 -47 -309 et seq, C.R.S.) A complete file for Eagle County must be submitted and shall include the following: A. Completed State Application B. Appropriate fees C. Food Service Affidavit (hotel & restaurant only) D. Petition consisting of signatures of at least 15% of the inhabitants of the neighborhood. E. Proof of possession for purposes of selling liquor through a lease, or assignment of lease, contract of sale, warranty deed or other proper proof. F. Complete plans and specifications for both the interior and exterior dimensions of the proposed licensed building, including location of all fixed equipment, all places for storage, sale and display of 3.2% beers, all exits, entrances, and parking area (s). The document shall measure 8 1 /2" x 11 ". 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. G. An area map showing the proposed licensed premises outlined in red. H. Individual History Form for each individual applicant, each corporate officer, director, and each stockholder owning 10% or more of the capital stock of a corporate applicant, each partner of a partnership applicant, each member of a limited liability company and manager of any of the foregoing. I. Fingerprints for all of the above J. Alcohol Management Plan K. If the applicant is a corporation, the following additional papers shall be required: 0 1. Certification of Incorporation, if less than two years old, or Certificate of Good Standing. 2. Articles of Incorporation. 3. Copy of Bylaws of the Corporation. 4. Copy of minutes of the organizational meeting showing election of officers, said minutes should be certified by the secretary of the corporation. 5. Copy of minutes showing issuance of stock, or copies of stock certificates. L. If the applicant is a Partnership, excluding husband and wife partnerships, a signed copy of the partnership agreement shall be required. M. If the applicant himself/herself is not manager the following shall be added to A through M above: 1. Permit application/Report of Changes 2. Copy of management agreement signed by the manager and applicant, if such agreement exists. If not, affidavit of duties and compensation of manager shall be submitted. 3. Individual History Form with fingerprints. N. Proof of T.I.P. S. (Training for Intervention Procedures by Servers of Alcohol) within 60 days of hire for all employees serving, selling or dispensing alcoholic beverages. O. If the applicant is a Limited Liability Company the following shall be added to A through N above: 1. Copies of articles of organization for Limited Liability Companies. 2. Acknowledgment from the Secretary of State 3. Copy of operating agreement, designation of responsible party 2.6 Review of Application File Once the file is complete, it shall be reviewed by the County Clerk & Recorder's Office and 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. 2.7 Neighborhood Consideration (Section 12 -47 -301, C.R.S.) Before granting any license, the licensing authority shall consider, the reasonable requirements of the neighborhood, the desires of the adult inhabitants as evidenced by petitions, remonstrances, or otherwise, all other reasonable restrictions that are or may be placed upon the neighborhood by the local licensing authority. With respect to a second or additional hotel and restaurant license for the same licensee, the licensing authority shall consider the effect on competition of the granting or disapproving of additional licenses to such licensee. 2.8 Hearing Schedule (Section 12 -47 -311, 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 date of 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 an by publication in a newspaper of general circulation in the County in which the premises are located. 7 r B. At the public hearing pursuant to this section any interested party shall be allowed to present evidence and to cross - examine witnesses. 2.9 Local License Fees (Section 12 -47 -505, C.R.S.) A. Each application for a license filed with the licensing authority shall be accompanied by an application fee in an amount determined by the local licensing authority to cover actual and necessary expenses subject to the following limitations: 1. For a new license, and/or transfer of ownership, not to exceed five hundred ($500.00) dollars. 2. For a transfer of location, not to exceed one hundred ($100.00) dollars. 3. For a renewal of license, not to exceed fifty ($50.00) dollars. 4. For a change in trade name or modification of premises, not to exceed fifty ($50.00) dollars. 2.10 Decisions of the Board of County Commissioners. 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, 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 as defined in the Colorado Liquor Code. B. Any decision of the Board of County Commissioners 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. 2.11 Issuance of License (Section 12 -47 -301 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 premise, 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 determine if the architect's drawings, plans and specifications have been complied with. 3. SPECIAL EVENTS PERMITS (Section 12 -48 -101 et seq C.R.S.) A special event permit may be issued to an organization, whether or not presently licensed under Articles 46 and 47 of Section 12, C.R.S., which has been incorporated under the laws of this state for purposes 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 purposes 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 Permit (Section 12 -48 -104, C.R.S.) A. Ten dollars per day for not more than 3.2% fermented malt beverage permit; B. Twenty -five dollars per day for a malt, vinous, and spirituous liquor permit. 3.2 Restrictions Related to Permits (Section 12- 48- 104,C.R.S.) 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 beverages or the liquors specified only during specifies times: 1. Between the hours of seven a.m. of the day specified and twelve midnight on the same day for a permit to sell fermented malt beverages containing not more than 3.2% alcohol by weight; 2. Between the hours of seven a.m. of the day specified and until twelve midnight on the same day for a malt, vinous, and spirituous liquor permit and; C. A special event permit may not be issued to any organization for more than ten days in one calendar year. D. No issuance of a special event permit shall have the effect of requiring the local licensing authority to issue such a permit upon any subsequent application by an organization. E. Sandwiches or other food snacks shall be available during all hours of service of malt, vinous, spirituous liquors, but prepared meals need not be served. 3.3 Grounds for Denial of Special Permit ( Section 12 -48 -106, C.R.S.) A. The licensing 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, it's 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 the hearing on the permit by the licensing authority. 3.4 Applications for Special Permit (Section 12 -48 -107, C.R.S.) A. Applications for a special event permit shall be made with the licensing 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 application. Said application must be filed 45 days prior to the date of the event. B. A special event permit is granted only after the licensing authority approves the application, the necessary fees are provided, and the state licensing authority then approves the application. C. The licensing authority shall only 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 L� exist for denial of a permit. Any protest shall be filed by affected persons within ten days after the date 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 licensing authority may assign all or any portion of its functions under this article to an administrative officer. 3.5 Exemptions (Section 12 -48 -108, C.R.S.) An organization otherwise qualifying under Section 12 -48 -102, C.R.S. shall be exempt from the provision 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, when it serves by the drink, 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 or such member's guest consumes or does not consume such beverages or liquors. End of Exhibit "A" 10