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HomeMy WebLinkAboutR99-157 payment in lieu of beer/liquor license suspension1' Commissioner Stone moved adoption of the following Resolution: EAGLE COUNTY LIQUOR LICENSING AUTHORITY COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 99 -157 A RESOLUTION ADOPTING THE OPTIONAL PROCEDURES WITHIN SECTIONS 12 -47- 601 FOR THE PAYMENT OF A FINE IN LIEU OF BEER/LIQUOR LICENSE SUSPENSION WHEREAS, Section 12 -47 -601 C. R. S., 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 beer /liquor license suspension, and WHEREAS, the Board of County Commissioners of Eagle County, State of Colorado, in its capacity as the Local Liquor Licensing Authority, (hereinafter referred to as the "Board "), desires to accept and adopt such optional procedures for the payment of a fine in lieu of beer /liquor license suspension, and WHEREAS, said statutes set forth certain mandates for local licensing authorities, including the Eagle County 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 fines in lieu of suspension within the unincorporated area 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- 47103(13.5); and WHEREAS, on December 21, 1992, the Board adopted Resolution No. 92 -214 establishing the Eagle County Beer and Liquor Code Policies and Procedures; 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 Eagle County Beer and Liquor Code Policies and Procedures, "Hearing Policies "; and WHEREAS, on August 11, 1997, the Board adopted Resolution 97 -104, Amending Eagle County Beer and Liquor Code Policies and Procedures, "Fees "; and WHEREAS, after due notice, in public hearing held on theday o 19 9 the Board considered amending the Eagle County Beer and Liquor Code Policies and Procedures by adopting "Fines in lieu of Suspension ". NOW THEREFORE, BE IT RESOLVED BY THE LIQUOR LICENSING AUTHORITY OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the following optional procedures for the payment of a fine in lieu of beer /liquor license suspension are hereby adopted and implemented pursuant to the applicable subsections of Section 12 -47- 601, C.R.S. The procedures set forth herein shall be considered supplemental and in addition to all other procedures and standards applicable to the suspension of beer /liquor licenses under the Colorado Beer and Liquor Code. (1)a Whenever a decision of the Board suspending a retail license for fourteen (14) days or less becomes final, whether by failure of the retail licensee to appeal the 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 period of the proposed suspension; except that the fine shall be not less than two hundred dollars nor more than five thousand dollars; (c) Payment of any fine pursuant to the provisions of this subsection (1) shall be in the form of cash or in the form of a certified check or cashier's check made payable to Eagle County; (2) Upon payment of the fine pursuant to subsection (1) of this section, the Eagle County licensing 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; (3) In connection with any petition pursuant to subsection (1) of this section, the authority of , Eagle County is limited to the granting of such stays as are 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 or that portion of the suspension not otherwise conditionally stayed. THAT, at its discretion, the Board may order a sign be posted at the establishment indicating; there was a violation of the Colorado Liquor and Beer Codes and 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; THAT, if the Board does not make the findings required in this resolution and does not order the suspension permanently stayed, the suspension shall go into effect on the operative date finally set by the Board; THAT, the determination of the Board 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 fine where allowed in lieu of suspension, shall be final decisions committed to the Board's discretion; THAT, this Resolution and the optional procedures provided herein may be revoked by the Board, in its sole discretion, by written resolution duly considered and acted upon at a regularly scheduled public meeting of the Board; THAT, this Resolution shall be effective upon the date of adoption of the Board; THAT, all previous duly adopted Eagle County Beer and Liquor Code Policies and Procedures shall remain in full force and effect; and MOVED, READ and ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at it's regular meeting held the 20th day of Se to ember 1999. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its LOCAL LIQUOR LICENSING / ,�UTHORITY t Johnnette Phillips Chairman Tom C. Stone Commissioner /? - lj0" James E. Johnson, Jr. Commissioner x Commissioner Phillips seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips Aye Commissioner James Johnson, Jr. Absent Commissioner Tom Stone AY This Resolution passed by 2 -0 vote of the Liquor Licensing Authority of the County of Eagle.