Loading...
HomeMy WebLinkAboutR93-035 temporary liquor permits and licensesCommissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 93 - c3,X; AUTHORIZING THE CLERK AND RECORDER OF EAGLE COUNTY TO ISSUE TEMPORARY PERMITS AND TEMPORARY LICENSES FOR THE SALE OF BEER AND LIQUOR WITHIN THE UNINCORPORATED AREAS OF EAGLE COUNTY WHEREAS, C.R.S. 12 -46 -101, et seq., and C.R.S. 12 -47 -101, et seq., provide the terms, conditions, limitations, and restric- tions concerning the manufacture and sale of malt, vinous and spirituous liquors within the State of Colorado; and WHEREAS, said statutes set forth certain mandates for local licensing authorities, including the Eagle County Liquor Licens- ing Authority; and WHEREAS, the Board of County Commissioners Colorado, which acts as the Eagle County Liquor ity ( "the Board "), by Resolutions No. 84 -28 and adopted "The Eagle County Beer and Liquor Code, Procedures" governing the approval of licenses beer and liquor within the unincorporated areas and of Eagle County, Licensing Author - No. 92 -214, Policies and Eor the sale of of the County; WHEREAS, C.R.S. 12 -46 -106 (13.5) and 12 -47 -106 (1)(b.5) allow a licensee whose license expires and is not renewed (except when renewal has been denied) to apply for a temporary license to allow continued operation of a licensed premises while the application for a permanent license is being processed; and WHEREAS, the provisions of C.R.S. 12 -46 -106.5 and 12 -47- 106.5 grant discretionary authority to the local licensing authority to issue a temporary permit to a transferee of a state license to enable the continued sale of beer and alcoholic beverages when an application to transfer license ownership is pending; and WHEREAS, the Board believes it to be necessary and in the best interest of the citizens of the County to delegate to the Eagle County Clerk the authority to issue such temporary permits and temporary licenses, all as provided by law and more particu- larly described herein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Eagle County Clerk be authority to issue, on behalf of the temporary licenses to sell beer and Guidelines set forth in Exhibit "A" porated herein by this reference. and is hereby delegated the Board, temporary permits and alcohol, according to the attached hereto and incor- THAT, the Eagle County Clerk may defer to the Board for hearing an application for a temporary license when it cannot be determined whether the permanent license expired solely because of licensee's inadvertent failure to make application for renewal or any administrative error or mistake. THAT, inasmuch as the issuance of a temporary permit is discretionary, the Eagle County Clerk and Recorder may refuse to issue such a permit, electing to refer the application to the Board for action. n THAT, the provisions of this resolution shall go into effect 1993. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the �� _ day of AXI., , 1993. �7�� COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: e BOARD OF COUNTY COMMISSIONERS aDo By: Clerk to tha Board of George Gates, Chairman County Commissioners ohnnette Phillips, Commissioner ;es E. on, Jr. ommissio r -2- Commissioner seconded adoption of the fore- going resolution. The roll having been called, the vote was as follows: Commissioner Gates Commissioner Phillips Commissioner Johnson This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. #83 -251 -3- GUIDELINES for ISSUING TEMPORARY PERMITS and TEMPORARY LICENSES EAGLE COUNTY LIQUOR LICENSING AUTHORITY I. TEMPORARY LICENSE A. Fermented Malt Beverages (Beer) - C.R.S. 12 -46 -106 (13.5) 1. Conditions of Application: Any licensee whose license has expired may apply to the Eagle County Clerk for a Temporary License to allow continued operation of a licensed premises, provided the following conditions are met: a. Licensee must provide evidence that it is concurrently applying to the State and Eagle County Liquor Licensing Authority for a permanent license. b. Application for a Temporary License shall be made no later than ninety days after the expiration of the permanent annual license. C. Renewal of the original license shall not have been denied. d. (1) The original license shall have expired solely as the result of the licensee's inadvertent failure to make application for renewal, or as a result of admin- istrative error or mistake. (2) If the Eagle County Clerk is unable to determine the reason for expiration of the original license, she may refer the application for Temporary License to the Eagle County Liquor Licensing Authority for hearing. (3) Pending the holding and outcome of such hearing, the licensee shall be allowed to continue operation of the licensed premises under the same terms and condi- tions as provided in the expired license. 2. Fee: An application fee of no more than Two Hundred Fifty Dollars shall be paid to the Eagle County Clerk with each application for a Temporary License. 3. Forms: An application for Temporary License shall be made on forms provided by the County Clerk and shall contain such information as is deemed necessary by the Eagle County Liquor Licensing Authority. r" 4. Term of License: a. The Temporary License shall be valid until the licen- see's application for a regular annual license has been processed and finally acted upon by the State and Eagle County Liquor Licensing Authority (subject to revoca- tion or suspension), except that in no event shall such Temporary License be valid for more than one hundred twenty (120) days. b. The Temporary License shall be subject to the same provisions for revocation or suspension under C.R.S. 12 -46 -107 as are other licenses. 5. Conditions of Approval: a. The application fee shall have been paid. b. All requirements of current law pertaining to permanent licenses shall be met in order for the Temporary License to be granted. 6. Privilege Granted: Approval of a Temporary License shall allow the licensee to continue operation of the licensed premises under the same terms and conditions as provided in the expired license, and subject to the conditions and restrictions set forth herein, pending action by the State and Eagle County Liquor Licensing Authority on the application for permanent annual license. B. Alcoholic Beverages - C.R.S. 12 -47 -106 (13.5) 1. Conditions of Application: Any licensee whose license has expired may apply to the Eagle County Clerk for a Temporary License to allow continued operation of a licensed premises, provided the following conditions are met: a. Licensee must provide evidence that it is concurrently applying to the State and Eagle County Liquor Licensing Authority for a permanent annual alcoholic beverage license. b. Application for a Temporary License shall be made no later than ninety days after the expiration of the permanent annual license. C. Renewal of the original license shall not have been denied. -2- d. (1) The original license shall have expired solely as the result of the licensee's inadvertent failure to make application for renewal, or as a result of admin- istrative error or mistake. (2) If the Eagle County Clerk is unable to determine the reason for expiration of the original license, she may refer the application for Temporary License to the Eagle County Liquor Licensing Authority for hearing. (3) Pending the holding and outcome of such hearing, the licensee shall be allowed to continue operation of the licensed premises under the same terms and condi- tions as provided in the expired license. e. The regular annual license must be one of the following types: (1) Retail liquor store license (2) Liquor- licensed drugstore (3) Hotel and restaurant license (4) Beer and wine license (5) Tavern license (6) Club license (7) Arts license (8) Racetrack license (9) Retail gaming tavern license (10) Optional premises license For any other license, the application for a Temporary License shall be made to the state licensing authority. 2. Fee: An application fee of no more than Two Hundred Fifty Dollars shall be paid to the Eagle County Clerk with each application for a Temporary License. 3. Forms: An application for Temporary License shall be made on forms provided by the County Clerk and shall contain such information as is deemed necessary by the Eagle County Liquor Licensing Authority. 4. Term of License: a. The Temporary License shall be valid until the licen- see's application for a regular annual license has been processed and finally acted upon by the State and Eagle County Liquor Licensing Authority (subject to revoca- tion or suspension), except that in no event shall such Temporary License be valid for more than one hundred twenty (120) days. -3- i b. The Temporary License shall be subject to the same provisions for revocation or suspension under C.R.S. 12 -46 -107 as are other licenses. Conditions of Approval: a. The application fee shall have been paid. b. All requirements of current law pertaining to permanent licenses shall be met in order for the Temporary License to be granted. 6. Privilege Granted: Approval of a Temporary License shall allow the licensee to continue operation of the licensed premises - including the manufacture, distribution, sale, dis- pensing, or serving of alcoholic beverages - under the same terms and conditions as provided in the expired license, and subject to the conditions and restrictions set forth herein, pending action by the State and Eagle County Liquor Licensing Authority on the application for permanent annual license. II. TEMPORARY PERMIT A. Fermented Malt Beverages (Beer) - C.R.S. 12 -46 -106.5 1. Conditions of Application: Any proposed Transferee of a valid fermented malt beverage license may apply to the Eagle County Clerk for a Temporary Permit to allow Transferee to continue selling fermented malt beverages, provided the following conditions are met: a. Transferee shall have applied to the State and Eagle County Liquor Licensing Authority for a transfer of ownership of the fermented malt beverage license, on forms provided by the department of revenue. b. The premises shall have been previously licensed by the State and Eagle County Liquor Licensing Authority, and such license shall be valid at the time the application for transfer of ownership is filed with the Eagle County Liquor Licensing Authority. Application for a Temporary Permit shall be made no later than thirty days after the application for trans- fer of ownership of the license is filed. 2. Fee: An application fee of no more than One Hundred Dollars shall be paid to the Eagle County Clerk with each appli- cation for a Temporary Permit. 3. Forms: An application for Temporary Permit shall be made on forms provided by the County Clerk and shall contain such information as is deemed necessary by the Eagle County Liquor Licensing Authority. 4. Term of Permit: a. The Temporary Permit shall be valid until the Trans- feree's application for a transfer of ownership of license has been processed and finally acted upon by the State and Eagle County Liquor Licensing Authority (subject to revocation or suspension), or for one hundred twenty (120) days. For good cause shown, the Temporary Permit may be extended for an additional period not to exceed sixty (60) days. b. The Temporary Permit may be cancelled, revoked, or summarily suspended, if the local or state licensing authority determines that there is probable cause to believe that the Transferee has violated any provision of law, or rule or regulation adopted by the local or state licensing authority, or has failed to truthfully disclose those matters required pursuant to the appli- cation forms required by the department of revenue. Conditions of Approval: a. The application fee shall have been paid. b. All requirements of current law pertaining to permanent licenses shall be met in order for the Temporary Permit to be granted. C. Granting of the Temporary Permit is discretionary: if the Eagle County Clerk deems the Temporary Permit should be granted, it shall be issued with- in three working days after the receipt of such application. d. If the Eagle County Clerk determines it would be inadvisable to issue said Temporary Permit: (1) the Clerk may refer the application to the Eagle County Liquor Licensing Authority for hear- ing; or -5- A 3 (2) the Clerk may deny the permit (except in those situations described in e. next below), and the Transferee may appeal the denial to the Eagle County Liquor Licensing Authority. e. A Temporary Permit shall be authorized in the event of a transfer of possession of license prem- ises by operation of law, a petition in bank- ruptcy, appointment of receiver, foreclosure action, or court order dispossessing the prior licensee of all rights of possession pursuant to Article 40 of Title 13, C.R.S. 6. Privilege Granted: Approval of a Temporary Permit shall allow the proposed Transferee to continue operation of the licensed premises under the same terms and conditions as provided in the fermented malt beverage license, and subject to the conditions and restrictions set forth herein, pending action by the State and Eagle County Liquor Licensing Authority on the application for transfer of ownership of said license. B. Alcoholic Beverages - C.R.S. 12 -47 -106.5 1. Conditions of Application: A proposed Transferee of any class of liquor license issued by the state licensing author- ity may apply to the Eagle County Clerk for a Temporary Permit to continue selling such alcoholic beverages as permitted under the license, provided the following conditions are met: a. Transferee shall have applied to the State and Eagle County Liquor Licensing Authority for a transfer of ownership of the liquor license, on forms provided by the department of revenue. b. The premises where such alcoholic beverages are sold shall have been previously licensed by the state and Eagle County Liquor Licensing Authority, and such license shall be valid at the time the application for transfer of ownership of said license is filed with the Eagle County Liquor Licensing Authority. C. Application for a Temporary Permit shall be made no later than thirty days after the application for trans- fer of ownership of the license is filed. 2. Fee: An application fee of no more than One Hundred Dollars shall be paid to the Eagle County Clerk with each appli- cation for a Temporary Permit. W"i 3. Forms: An application for made on forms provided by the County information as is deemed necessary by Licensing Authority. Temporary Permit shall be Clerk and shall contain such the Eagle County Liquor 4. Term of Permit- a. The Temporary Permit shall be valid until the Trans- feree's application for a transfer of ownership of license has been processed and finally acted upon by the State and Eagle County Liquor Licensing Authority (subject to revocation or suspension), or for one hundred twenty (120) days. For good cause shown, the Temporary Permit may be extended for an additional period not to exceed sixty (60) days. b. The Temporary Permit may be cancelled, revoked, or summarily suspended, if the local or state licensing authority determines that there is probable cause to believe that the Transferee has violated any provision of law, or rule or regulation adopted by the local or state licensing authority, or has failed to truthfully disclose those matters required pursuant to the appli- cation forms required by the department of revenue. 5. Conditions of Approval: a. The application fee shall have been paid. b. All requirements of current law pertaining to permanent licenses shall be met in order for the Temporary License to be granted. C. Granting of the Temporary Permit is discretionary: if the Eagle County Clerk deems the Temporary Permit should be granted, it shall be issued with- in three working days after the receipt of such application. d. If the Eagle County Clerk finds it to be inadvis- able to issue said Temporary Permit: (1) the Clerk may refer the application to the Eagle County Liquor Licensing Authority for hear- ing; or (2) the Clerk may deny the permit (except in those situations described in e. next below), and the Transferee may appeal the denial to the Eagle County Liquor Licensing Authority. -7- e. A Temporary Permit shall be authorized in the event of a transfer of possession of license prem- ises by operation of law, a petition in bank- ruptcy, appointment of receiver, foreclosure action, or court order dispossessing the prior licensee of all rights of possession pursuant to Article 40 of Title 13, C.R.S. 6. Privilege Granted: Approval of a Temporary Permit shall allow the proposed Transferee to conduct business and sell alcoholic beverages at retail in accordance with the license of Transferor, subject to the conditions and restrictions set forth herein, pending action by the State and Eagle County Liquor Licensing Authority on the application for transfer of ownership of said license.