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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 ~:~. ~: ~~. . ~ ~ ATTE - ~. `'~z.c,~ .>.~ 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.