HomeMy WebLinkAboutR00-023 amending beer and liquor code policiesr; e
Commissioner ( moved adoption of the
following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2000 - t la
AMENDING EAGLE COUNTY BEER AND LIQUOR
CODE 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 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 -47 -103 (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 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 of a fine in lieu of beer or liquor license suspension; and
WHEREAS, after due notice, in public hearing held on January 31,
2000, the Board considered amending the Eagle County Beer and Liquor
Code Policies and Procedures by the "Hearing Policies" set forth on
Exhibit " A " attached hereto and incorporated here by this reference.
l
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 adopted by Resolution No. 96 -48 be and hereby are amended
by the amended and restated Section 1.11 thereto, entitled "Hearing
Policies" set forth on Exhibit " A " hereto;
THAT, except as so amended, the Eagle County Beer and Liquor Code
Policies and Procedures adopted by Resolution and not superseded by
changes in Section 1.11 entitled "Hearing Policies" shall remain in
full force and effect; and
THAT, in those instances in which, pursuant to Hearing Policies
hereby adopted, no hearing is held, those items will be placed on the
consent calendar and the Chairman of the Board is hereby authorized to
sign beer and liquor license renewal applications, and such other
documentation as may be required from the Local Licensing Authority by
the State in connection with the processing of license renewals,
changes of corporate structure, trade name changes, manager
registrations and premises modifications.
MOVED, READ AND ADOPTED by the Board of County Commissioners of
the County of Eagl State of Colorado, at it's regular meeting held
the g day of , 2000.
U
ATTES
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Sara J. FislKer
Clerk to the Board of
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
_ V vY` e
Tom . Stone,
Chairman
n z
/ Johnnette Phillips
ommi sioner- _.
flames E. John so Jr.
Commissioner
C C�
Commissioner seconded adoption of the foregoing
resolution. The roll aving been called, the vote was as follows:
Commissioner Phillips
Commissioner Stone
Commissioner Johnson
This Resolution passed by 3 -,O vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
"EXHIBIT All
1.11 HEARING POLICIES
C
Ordinarily, hearings will be held only as set forth here. If no
hearing is required by these terms, the Liquor Inspector person or
the Chairman may set the matter for hearing.
NEW LICENSE APPLICATIONS
Must be heard by the Local Liquor Licensing Authority.
TRANSFER OF OWNERSHIP
Must be heard by the Local Liquor Licensing Authority.
RENEWALS
The Local Liquor Licensing Authority intends that applicants
need not appear for a hearing on annual renewal of the license if
there are no problems or concerns raised with respect to the
establishments, THEREFORE
1) The initial license requires a hearing at which the applicant
shall be present;
2) In years following the initial license, all license renewals for
which staff or the Chairman raise concerns or questions require a
hearing at which the applicant must be present;
3) Except as provided in numbers 1 and 2, no hearing is required to
renew a license.
MANAGER REGISTRATIONS
Generally a hearing is required for registration of a new
manager. New managers must appear personally before the Local
Liquor Licensing Authority except where the manager sought to be
registered has appeared before the Authority as the manager of a
Liquor Licensed Premise within the past five years. Managers that
have appeared in person before the Authority and have been the
record manager of a Liquor Licensed Premise within the past five
years need not appear personally and the Board need not hold a
hearing.
CHANGE IN CORPORATE STRUCTURE
No hearing required if persons are reported to be of good
moral character.
MODIFICATION OF PREMISE
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.
TRADE NAME CHANGE
No hearing required.
Eagle County Liquor License Policies Section 1.11
CHANGE IN CORPORATE NAME
No hearing required.
CHANGE IN LOCATION
Hearing required and the applicant must appear.
Eagle County Liquor License Policies Section 1.11
