HomeMy WebLinkAboutR96-048 amending liquor code policies and proceduresCoiranissioner ~~~ moved adoption of the
following Resod
BOARD OF COUNTY C'O~Il~~IISSIONE'RS
COL)N'I'Y OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 96 -
AN~IDING EAGLE COUN'!'Y BEER AND LIQUOR
CODE POLICIES AMID PROCIDURES
W~~S, 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
~WI~REA.S, after due notice, in public hearing held on May
1996, the Board considered amending the Eagle County Beer
anc~Liquor Code Policies and Procedures by the "Hearing Policies"
set forth on Exhibit "A" attached hereto and incorporated here by
this reference.
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 bar Resolution No. 94-190 be and hereby are
amended by the addition of 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 94-190 shall
remain in full force and effect; and
THAT, in those instances in which, pursuant to Hearing
Policies hereby adopted, no hearing is held, the Chairman of the
Board is hereby authorized to sign beer and liquor license
renewal application, 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 ADOPTID by the Board of County Commissioners
of the County of Ea le, State of Colorado, at it's regular
meeting held the day of 1996.
COUNTY OF EAGLE, STATE OF
,~ ~ ~~ ~~~ COLORADO , By and Through
Its BOARD OF COUNTY
~ ~~ e COMMISSIONERS
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ATTE - ~. `'~z.c,~
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er o t Boar
orge u tes, airman
o ette P i ips, Co ssioner
James Jo son, Jr. , Comrrussioner
Commissioner seconded adoption of the foregoing
resolution. e ro. aving been called the vote was as
follows:
Commissioner George "Bud" Gates
Commissioner Johnnette Phillips
Commissioner James Johnson, Jr.
This Resolution passed by ~-C~ vote of the Board of
County Commissioners of the County~gle, State of Colorado.
"E}~3IBIT A"
l.ll I~ARIIJG POLICIES
Ordinaril~r, 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 OSniNF12SHIP
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 renewal of the
license more often than every other year if there are no problems
or concerns raised with respect to the establishments, THEREFORE
1) The first annual renewal requires a hearing at which the
applicant shall be present.
2) Subsequent renewals of ail licenses, the last digit of
which is odd shall be hear in calendar years ending with an odd
number, even numbered licenses shall be heard in calendar years
ending with an even number;
3) In the "off" years, all license renewals for which staff
or the Chairman raises concerns or issues require a hearing at
which the applicant must be present;
4) Except as provided in numbers 1, 2 and 3, no hearing is
required.
MANAGER REGISTRATIONS
Hearing Required and Managers must appear before the
Local Liquor Licensing Authority.
CHANGE IN CORPORATE STRUC'TORE
No hearing required if persons are reported to be of
good moral character.
MODIFICATIONS OF PRENaSES
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 1~ME C~iANrG'E
No hearing required.
CHANGE IN LOCATION
Hearing required and the applicant must appear.