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HomeMy WebLinkAboutR05-043 Beer and Liquor Licensing Policies and Procedures Commissioner ~ moved adoption ofthe following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2005- Y 3 BEER AND LIQUOR LICENSING POLICIES AND PROCEDURES WHEREAS, C.R.S. 912-46-101, et seq., and c.R.S. 912-47-101, et seq., provide the terms, conditions, limitations, 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 oflicenses for the sale of beer and liquor within the unincorporated areas of the County; and WHEREAS, on December 17,2002, the Board adopted Resolution 2002-178, amending the Eagle County Beer and Liquor Code Policies and Procedures to consolidate and codify previous policies into one document. WHEREAS, the Board desires to restate the Eagle County Beer and Liquor Code Policies and Procedures to update and clarify the local procedures of the Board. 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, attached as Exhibit "A" be and are hereby adopted. THAT, this Resolution is intended to codify the authority granted to the Board by the Colorado Revised Statutes and the Code of Colorado Regulations and shall not dilute, in any manner, the authority granted to the Board as set forth therein or as otherwise set forth in a previous resolution of this Board. THAT, if any part, section, subsection, sentence, clause or phrase of this Resolution is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Resolution; and the Board hereby declares it would have passed this Resolution, and each part, section, subsection, sentence, clause or phrase thereof, regardless ofthe fact that anyone or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 1 MOVED, READ and ADOPTED by the Board of County Commissioners ofthe County of Eagle, State of Colorado, at its regular meeting held the IL day of APRiL ,2005: COUNTY OF EAGLE, STATE OF COLORADO, By and Throu ' BOARD OF COUNTY COMMISSI By: Teak Simonton, Clerk to the Bo~ounty ,Commissioners ~" ~I~ Commissioner seconded adoption of the fore-going resolution. The roll having been called, the ote was as follows: Commissioner Menconi "'c~ Commissioner Runyon Commissioner Stone ~ This Resolution passed by 3-a vote of the Board of County Commissioners of the County of Eagle, State of Colorado. G:\Bryan\misc\revised liquor 2 EXHIBIT A EAGLE COUNTY BEER AND LIQUOR CODE POLICIES AND PROCEDURES 1. 3.2% FERMENTED MALT BEVERAGES (Section 12-46-103 et seq., c.R.S.) The Board of County Commissioners of Eagle County sitting as the Eagle County Liquor Licensing Authority ("Liquor Authority") shall be the authority to issue 3.2% fermented malt beverage licenses to applicants carrying on business within unincorporated Eagle County. Such authority shall be in accordance with applicable sections of the Colorado Revised Statutes, as may be amended from time to time. 1.1 Filing Qualifications (Sections 12-46-104 and 12-47-301, C.R.S.) All completed applications submitted to Eagle County must include the following: A. All information called for in applicable statutes, regulations, or state-approved application forms. B. An area map showing the proposed licensed premises outlined in red. C. An Alcohol Management Plan. D. Proof of alcohol server training within 60 days of hire for all employees serving, selling or dispensing not more than 3.2% fermented beverages, with one of the following approved programs: 1. T.I.P.S.(Training for Intervention Procedures by Servers of Alcohol). 2. Bar Code (Serving Alcohol Responsibly). 3. Learn2Serve Program, (Web based program). This training shall be repeated every three years. E. All applicable fees according to the fee schedule attached hereto, as may be amended from time to time. F. Any other information deemed necessary by the Liquor Authority or its designee in reviewing the application. 1.2 Review of Application File Once the application is submitted it shall be reviewed by the County Clerk & Recorder's Office and the County Attorney's Office, if necessary, for completeness for the purposes of advising the Liquor Authority on any legal problems or inadequacies of the documents submitted and suggested corrections therefore. A completed application with accompanying fees shall be acted upon by the Liquor Authority pursuant to the applicable provisions of the Colorado Revised Statutes. 2. ALCOHOLIC LIQUORS The Liquor Authority shall be the authority to issue liquor licenses to applicants residing in or outside the State of Colorado, and conducting business within unincorporated Eagle County. 3 Such authority shall be in accordance with applicable sections of the Colorado Revised Statutes, as may be amended from time to time. 2.1 Filing Qualifications (Section 12-47-309, C.RS.) All completed applications submitted to Eagle County must include the following: A. All information called for in applicable statutes, regulations, or state-approved application forms. B. An area map showing the proposed licensed premises outlined in red. C. An Alcohol Management Plan. D. Proof of alcohol server training within 60 days of hire for all employees serving, selling or dispensing not more than 3.2% fermented beverages, with one of the following approved programs: 1. T.I.P.S.(Training for Intervention Procedures by Servers of Alcohol). 2. Bar Code (Serving Alcohol Responsibly). 3. Leam2Serve Program, (Web based program). This training shall be repeated every three years. E. All applicable fees according to the fee schedule attached hereto, as may be amended from time to time. F. Any other information deemed necessary by the Liquor Authority or its designee in reviewing the application. 2.2 Review of Application File Once the application is submitted it shall be reviewed by the County Clerk & Recorder's Office and the County Attorney's Office, if necessary, for completeness for the purposes of advising the Liquor Authority on any legal problems or inadequacies of the documents submitted and suggested corrections therefore. A completed application with accompanying fees shall be acted upon by the Liquor Authority pursuant to the applicable provisions of the Colorado Revised Statutes. 3. SPECIAL EVENTS PERMITS (Section 12-48-101 et seq., C.RS.) The Liquor Authority and the liquor license coordinator as its designee shall be the authority to issue special events permits to applicants residing in or outside the State of Colorado, and conducting business within unincorporated Eagle County. Such authority shall be in accordance with applicable sections ofthe Colorado Revised Statutes, as may be amended from time to time. 3.1 Filing Requirements (Section 12-48-107, C.RS.) All completed applications submitted to Eagle County must include the following: A. All information called for in applicable statutes, regulations, or state-approved application forms. B. Deed or lease for the premises. 4 C. Certificate of Good Standing. D. An area map showing the proposed licensed premises outlined in red. E. An Alcohol Management Plan. F. Proof of alcohol server training within 60 days of hire for all employees serving, selling or dispensing not more than 3.2% fermented beverages, with one of the following approved programs: 1. T.I.P.S.(Training for Intervention Procedures by Servers of Alcohol). 2. Bar Code (Serving Alcohol Responsibly). 3. Leam2Serve Program, (Web based program). This training shall be repeated every three years. G. All applicable fees according to the fee schedule attached hereto, as may be amended from time to time. H. Any other information deemed necessary by the Liquor Authority or its designee in reviewing the application. 3.2 Review of Application File Once the application is submitted it shall be reviewed by the County Clerk & Recorder's Office and the County Attorney's Office, if necessary, for completeness for the purposes of advising the Liquor Authority on any legal problems or inadequacies of the documents submitted and suggested corrections therefore. A completed application with accompanying fees shall be acted upon by the Liquor Authority pursuant to the applicable provisions ofthe Colorado Revised Statutes. 4. OPTIONAL PREMISES (Section 12-47-310, C.RS.) The Liquor Authority shall be the authority to issue optional premises licenses to applicants residing in or outside the State of Colorado, and conducting business within unincorporated Eagle County. Such authority shall be in accordance with applicable sections of the Colorado Revised Statutes, as may be amended from time to time. The following standards for the issuance of optional premises licenses or for optional premises for a hotel and restaurant license are hereby adopted pursuant to the provisions of Section 12-47- 310 C.RS. 4.1 Filing Requirements (Section 12-47-310, C.RS.) All completed applications submitted to Eagle County must include the following: A. All information called for in applicable statutes, regulations, or state-approved application forms. B. A map or other drawing illustrating the outdoor sports or recreational facility boundaries, the location of each optional premise requested, and the areas in which the applicant desires to store malt, vinous, and spirituous liquors for future use on the optional premises. C. All applicants shall submit a description ofthe method which will be used to 5 identify and control the optional premises when it is in use. For example, the applicant may describe the types of signs, fencing or other notices or barriers to be used in order to control the optional premises. D. All applicable fees according to the fee schedule attached hereto, as may be amended from time to time. E. Any other information deemed necessary by the Liquor Authority in reviewing the application. 4.2 Review of Application File Once the application is submitted it shall be reviewed by the County Clerk & Recorder's Office and the County Attorney's Office, if necessary, for completeness for the purposes of advising the Liquor Authority on any legal problems or inadequacies of the documents submitted and suggested corrections therefore. A completed application with accompanying fees shall be acted upon by the Liquor Authority pursuant to the applicable provisions of the Colorado Revised Statutes. 4.3 Eligible Facilities An optional premises may only be approved when that premises is located on or adjacent to an outdoor sports and recreational facilities as defined in Section 12-47-310. The types of outdoor sports and recreational facilities which may be considered for an outdoor premises license include the following: A. Country Club A. Golf courses and driving ranges B. Ice skating areas C. Ski areas D. Swimming pools E. Outdoor tennis courts and clubs F. Equestrian centers G. Horse shoe pits H. Dude ranch I. Athletic Facility J. Others as deemed eligible by the Local Authority and the liquor license coordinator as its designee. There are no restrictions on the minimum size of the outdoor sports and recreational facilities which may be eligible for the approval of an optional premises license. However, the Local Authority may consider the size of the particular outdoor sports or recreational facility in relationship to the number of optional premises requested for the facility, and may deny any optional premises application if the Local Authority considers the related facility to be too small to require an optional premise. 4.4 Number of Optional Premises 6 The Liquor Authority, in its discretion, may restrict the number of optional premises which any one licensee may have. Any licensee requesting approval of more than one optional premise shall : A. Explain the reason for each optional premises requested. B. Demonstrate how the optional premises relate to each other from an operational Standpoint. C. Demonstrate to the satisfaction of the Liquor Authority the need for each optional premises in relationship to the outdoor sports and recreational facility and its guests. D. Demonstrate that the optional premises will not adversely affect the neighborhood in which it is located. 4.5 Advance Notification Pursuant to Section 12-47-310 (3), no alcoholic beverages maybe served on an optional premises without the licensee having provided written notice to the State and Liquor Authority 48 hours prior to serving alcoholic beverages on the optional premises. The notice must contain the specific days and hours during which the optional premises are to be used 5. BED AND BREAKFAST PERMITS (Section 12-47-410, c.R.S.) 5.1 Bed & Breakfast Permit The Liquor Authority shall be the authority to issue Bed and Breakfast permits to applicants residing in or outside the State of Colorado, and operating a bed and breakfast with not more that twenty (20) sleeping rooms that offers complimentary malt, vinous & spirituous liquors for consumption only on the premises and only by overnight guests. A bed and breakfast permittee shall not sell alcoholic beverages by the drink and shall not serve alcoholic beverages for more that four (4) hours in anyone day. 5.2 Filing Qualifications All completed applications submitted to Eagle County must include the following: A. All information called for in applicable statutes, regulations, or state-approved application forms. B. An area map showing the proposed licensed premises outlined in red. C. An Alcohol Management Plan. D. Proof of alcohol server training within 60 days of hire for all employees serving, selling or dispensing not more than 3.2% fermented beverages, with one ofthe following approved programs: 1. T.I.P.S.(Training for Intervention Procedures by Servers of Alcohol). 2. Bar Code (Serving Alcohol Responsibly). 3. Leam2Serve Program, (Web based program). This training shall be repeated every three years. 7 E. All applicable fees according to the fee schedule attached hereto, as may be amended from time to time. F. Any other information deemed necessary by the Liquor Authority or its designee in reviewing the application. 5.3 Review of Application File Once the application is submitted it shall be reviewed by the County Clerk & Recorder's Office and the County Attorney's Office, if necessary, for completeness for the purposes of advising the Liquor Authority on any legal problems or inadequacies of the documents submitted and suggested corrections therefore. A completed application with accompanying fees shall be acted upon by the Liquor Authority pursuant to the applicable provisions of the Colorado Revised Statutes. 6. TASTING PERMITS (Section 12-47-301(10), C.R.S.) The Liquor Authority designee shall be the authority to issue tasting permits to applicants operating retail liquor stores or liquor-licensed drugstores within unincorporated Eagle County. Such authority shall be in accordance with applicable sections of the Colorado Revised Statutes, as may be amended from time to time. 6.1 Filing Requirements All completed applications submitted to Eagle County must include the following: A. All information called for in applicable statutes, regulations, or state-approved application forms. B. All applicable fees according to the fee schedule attached hereto, as may be amended from time to time. C. Any other information deemed necessary by the Liquor Authority or its designee in reviewing the application. 6.2 Review of Application File Once the application is submitted it shall be reviewed by the County Clerk & Recorder's Office and the County Attorney's Office, if necessary, for completeness for the purposes of advising the Liquor Authority on any legal problems or inadequacies of the documents submitted and suggested corrections therefore. A completed application with accompanying fees shall be acted upon by the Liquor Authority pursuant to the applicable provisions of the Colorado Revised Statutes. 8 EAGLE COUNTY LIQUOR LICENSING FEES (effective 3/29/2005) APPLICATION TYPE STATE FEES COUNTY FEES Application for New License 825.00 500.00 Application for Concurrent Review 925.00 500.00 Application for Transfer of Ownership 825.00 500.00 LICENSE TYPE (YEARLY FEE) 3.2% Beer License (on and/or off premises) 117.50 7.50 Arts License 308.75 41.25 Beer & Wine License 436.25 63.75 Brew Pub 750.00 75.00 Club License 308.75 41.25 Hotel & Restaurant 500.00 75.00 Licensed Drugstore 312.50 37.50 Optional Premises (stand alone) 500.00 75.00 Race Track License 500.00 75.00 Resort Complex Facility Permit 500.00 75.00 Retail Gaming License 500.00 75.00 Retail Liquor Store 312.50 37.50 Tavern License 500.00 75.00 RENEWAL FEES Annual Renewal of Liquor License 0 50.00 Late Renewal Application 0 500.00 OTHER FEES Addition of permits to Resort Complex 75.00 (each) 100.00 Bed & Breakfast 50.00 25.00 Branch Warehouse/Storage 100.00 0 Change in Location 150.00 500.00 Change in Trade name 50.00 0 Corporate/LLC Change 100.00 100.00 (Charged by the local or state authority, not both) Delivery Permit 0 0 Duplicate License 50.00 0 Expansion, Add Opt. Premo to H & R 100.00 50.00 Manager's Registration (H&R and Tavern only) 75.00 75.00 Mini Bar Permit 0 325.00 Modification of Premises 150.00 50.00 Out of State Shipping Permit 50.00 0 Renewal of Optional Premises (per Opt. Prem.) 100.00 0 Retail Warehouse Storage Permit 100.00 0 Special Events Permit 25.00 (per day) 25.00 (per day) Special Events 3.2% Beer only 10.00 (per day) 10.00 (per day) Tasting Permit (Retail Liquor Stores only) 0 25.00 Temporary Permit (Transfer of Ownership only) 0 100.00 FINGERPRINT AND BACKGROUND CHECKS FOR 9 NEW APPLICATIONS, TRANSFERS OF OWNERSHIP, OR MANAGER'S REGISTRATIONS Payable to "Colorado Bureau ofInvestigation" 38.50 (per card) (Business, Cashier's, or Certified Checks Only) 10