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LAKEWOOD FERMENTED MALT BEVERAGE AUTHORITY
Sections:
5.40.010 Purpose.
5.40.020 Definitions.
5.40.030 Licensing authority established.
5.40.040 Applications for new licenses.
5.40.050 Appearance before the licensing authority.
5.40.060 Investigation.
5.40.070 Public hearing.
5.40.080 Decision-New applications.
5.40.090 License renewals.
5.40.100 Change in management.
5.40.110 Special events permits.
5.40.115 Notice of Show Cause Hearing.
5.40.120 Procedural rules and regulations.
5.40.130 City fermented malt beverage fee policy and purpose.
5.40.140 Fines in lieu of suspension.
5.40.010 Purpose.
In pursuance of the authority conferred by Article 46 of Title 12, Colorado
Revised Statutes, 1985 Replacement Volume, and Article IV, Section 4.5 of the
Charter for the city, this chapter is enacted for the purpose of promoting the
health, safety and welfare of the present and future inhabitants of the city
by regulating, controlling and licensing the sale of fermented malt beverage.
(Ord. O-87-8 § 1 (part), 1987).
5.40.020 Definitions.
As used in this chapter, the following words and terms shall be defined as follows:
"Applicant" means and includes:
1. If an individual, that person making an application for a license under this
chapter;
2. If a partnership, the partners owning ten percent or more of the partnership
which is making application for a license under this chapter;
3. If a corporation, the president, vice-president, secretary, treasurer, the
directors, manager and each stockholder owning ten percent or more of the stock
of the corporation.
"Authority" or "Licensing Authority" means the Liquor Licensing
Authority of the city.
"Inspector" means the Liquor License Inspector as set forth in Section
5.40.030(E).
"Investigator" means a member of the Lakewood Police Department.
"Manager" includes the person or those persons who manage, direct,
supervise, oversee and administer the acts, transactions and acts of servants
of the establishments governed by this chapter.
All other words and phrases used in this chapter shall have the meanings attached
by the Colorado Statutes regulating the sale of liquor, or if not otherwise
defined by law, as used in their common, ordinary and accepted sense and meaning.
(Ord. O-89-36 §§ 1, 2, 1989; Ord. O-87-8 § 1 (part), 1987).
5.40.030 Licensing authority established.
A. The Lakewood Fermented Malt Beverage Licensing Authority, previously established by City ordinance, shall be continued. The Fermented Malt Beverage Licensing Authority shall have and is vested with the authority to grant or refuse licenses for the sale at retail of fermented malt beverages, as provided by law, conduct investigations as are required by law, and to suspend or revoke such licenses for cause in the manner provided by law. Such Authority shall have all powers of the local licensing authority as set forth in Title 12, Article 46, Colorado Revised Statutes, as amended.
B. The Fermented Malt Beverage Licensing Authority shall consist of a Hearing Officer chosen from a list of qualified hearing officers by the City Clerk. (O-2008-10 § 2, 2008; Ord. O-96-3 § 4, 1996; Ord. O-87-8 § 1 (part), 1987).
5.40.040 Applications for new licenses.
The City Clerk shall receive all applications for licenses, and shall issue
all licenses granted by the Licensing Authority, upon receipt of such license
fees and occupation fees as are required by law and this chapter.
Applications for new licenses for the sale of fermented malt beverages at retail
shall be filed with the City Clerk and shall be subject to the provisions of
this chapter and Article 46 of Title 12 of the Colorado Revised Statutes. The
City Clerk shall accept no application that is not complete in every detail.
If any application is deposited with the City Clerk and found upon examination
to contain any omission or error, it shall be returned to the applicant for
completion or correction without further action by the Clerk or the Fermented
Malt Beverage Licensing Authority. All licenses granted, except Special Events
Permits, shall be valid for a period of one year from the date of their issuance
unless revoked or suspended. No application shall be deemed complete unless
accompanied by the following:
A. All items required by statute;
B. Payment in full of the city and state license fees and additional fees for
the actual and necessary expenses of processing the application, conducting
a public hearing, investigating, and for publishing and posting the required
notice of such hearing;
C. Evidence from the Division of Code Enforcement of the City that the location
of the proposed establishment meets the requirement of the zoning ordinance;
D. In the event that the proposed establishment is to be a restaurant, evidence
from the Jefferson County Health Department that the applicant is or may be
licensed to operate a restaurant;
E. Copies of any contract or agreement which confers a power or authority upon
any party to manage, operate or supervise the affairs of the proposed establishment
and the acts of its servants, whether such a contract or agreement is presently
in effect or whether it is intended to become effective following issuance of
a license;
F. An affidavit stating that the outlet is not located within five hundred feet
of any public or parochial school or the principal campus of any college, university
or seminary, as computed by direct measurement from the nearest property line
of the land used for school purposes to the nearest portion of the building
in which the liquor is to be sold, using a route of direct pedestrian access;
G. If any petitions signed by parties in interest which demonstrate the needs
of the neighborhood and the reasonable requirements of the neighborhood regarding
issuance of the license are to be submitted to the Fermented Malt Beverage Licensing
Authority at the public hearing, such petitions shall be submitted to the City
Clerk fifteen days prior to the public hearing on the application;
H. Any other information, document or form which the Fermented Malt Beverage
Licensing Authority deems necessary to carry out its duties as set forth in
Title 12, Article 46 of the Colorado Revised Statutes, as amended, and all applicable
regulations;
I. Other provisions in this section notwithstanding, where an applicant pursuant
to a previous application under this chapter or Chapter 5.38 has submitted material
and if all such material is complete, current and in the possession of the City
Clerk, the City Clerk may waive its resubmission.
J. The City Clerk shall be responsible for preparing and posting a notice on
the property or premises for new applications and special Events Permits. The
Liquor Inspector shall inspect said posting of notice. (Ord. O-97-72 §
1, 1997; Ord. O-96-3 § 5, 1996; Ord. O-89-36 § 3, 1989; Ord. O-87-8
§ 1 (part), 1987).
5.40.050 Appearance before the licensing authority.
A. Upon acceptance of a completed application, the City Clerk shall schedule
a public hearing upon the application to be held not less than thirty days from
the date the application is accepted. The date of acceptance of the application
by the City Clerk shall be deemed to be the date of filing of the application
for the purposes set forth in the Colorado Revised Statutes. No application
shall be accepted unless it is complete in all respects.
B. The applicant and his or her representative, if any, shall attend the public
hearing on the application.
C. The City Clerk shall set the boundaries of the neighborhood considered affected
by the proposed location at the time the application is accepted. The applicant
shall have the opportunity at that time to give any evidence as to the propriety
of the proposed boundaries, and to give objections thereto.
D. The City Clerk shall prepare an official map showing the location of the
proposed outlet and all outlets within the defined neighborhood to be presented
at the public hearing. (Ord. O-89-36 §§ 4-9, 1989: Ord. O-87-57 §
2, 1987; Ord. O-87-8 § 1 (part), 1987).
5.40.060 Investigation.
A. Such person or persons as the City Clerk shall designate, shall be the Liquor License Inspector, who shall perform those inspection duties set forth in this chapter and such other duties as the Fermented Malt Beverage Licensing Authority may reasonably direct.
B. After the application has been accepted, the Investigator shall proceed with the investigation of the applicant and the Inspector shall proceed with the inspection of the premises.
C. Within seven days after the application has been accepted, the following individuals shall present themselves to the Lakewood Police Department to be photographed and fingerprinted:
1. If the applicant is a natural person, that person;
2. If the applicant is a partnership, those partners who have ten percent or more financial interest in the partnership;
3. If the applicant is a corporation, both the officers and directors, together with any person owning more than ten percent of the stock thereof;
4. If the applicant is a limited liability company, the manager and those members having more than a ten percent interest in the company; and
D. The Lakewood Police Department shall acquire additional information as necessary to properly carry out the provisions of Title 12, Articles 46 and 48 of the Colorado Revised Statutes, as amended, the rules and regulations promulgated thereunder by the Colorado Department of Revenue, the ordinances of the City, and the rules and regulations of the Fermented Malt Beverage Licensing Authority.
E. Any reports of the results of any investigation conducted by any department shall be delivered by the respective departments or officials to the City Clerk at least ten days prior to the date of the public hearing. Not less than five days prior to the date of the hearing on the application the report of the findings based on the investigation shall be mailed by the City Clerk to the applicant and to other interested parties upon request. (Ord. O-2009-11 § 2, 2009; Ord. O-96-3 § 6, 1996; Ord. O-89-36 §§ 10-14, 1989: Ord. O-87-8 § 1 (part), 1987).
5.40.070 Public hearing.
A. The Licensing Authority shall establish procedures for all of its public
hearings in conformity with the laws of the state and ordinances and resolutions
of the city.
B. The Licensing Authority shall have the power to administer oaths and issue
subpoenas to require the presence of persons and the production of papers, books
and records necessary to the determination of any bearing which the Licensing
Authority is authorized to conduct. It is unlawful for any person to fail to
comply with any subpoena issued by the authority in the proper conduct of its
hearings.
C. A subpoena shall be served in the same manner as a subpoena issued by the
District Court of the state. Upon failure of any witness to comply with such
subpoena, the City Attorney shall, at the direction of the authority:
1. Petition any judge of the Municipal Court of the city, setting forth that
due notice has been given of the time and place of attendance of the witness
and the service of the subpoena, that the court after hearing evidence in support
of or contrary to the petition, enter its order compelling the witness to attend
and testify or produce books, records or other evidence, under penalty of punishment
for contempt in case of willful failure to comply with such order of court;
or
2. Petition the District Court in and for the county, setting forth that due
notice has been given of the time and place of attendance of the witness and
the service of the subpoena, that the court after hearing evidence in support
of or contrary to the petition, enter its order as in other civil actions, compelling
the witness to attend and testify or produce books, records or other evidence,
under penalty of punishment for contempt in case of willful failure to comply
with such order of court. (Ord. O-87-8 § 1 (part), 1987).
5.40.080 Decision-New applications.
Following the public hearing on new applications, the Licensing Authority shall
render its decision no later than thirty days thereafter; provided, however,
that the Licensing Authority may continue the hearing from time to time as may
be required to gather necessary facts and evidence and to permit witnesses to
testify, and the time limited herein shall run from the date of conclusion of
the hearing, as continued. (Ord. O-87-8 § 1 (part), 1987).
5.40.090 License renewals.
All renewal applications for fermented malt beverage licenses shall be submitted
to the City Clerk on the prescribed forms no later than forty-five days prior
to the date on which the license expires, except that the authority, for good
cause, may waive the time requirement set forth in this paragraph. The forms
shall be accompanied by all the required fees and such additional materials
as the authority deems necessary to carry out the provisions of the Colorado
Beer Code, this chapter, and all applicable regulations. No renewal application
shall be accepted by the City Clerk which is not complete in every detail. No
renewal shall be granted unless all fees and applicable taxes have been paid
by the licensee. (Ord. O-87-8 § 1 (part), 1987).
5.40.100 Change in management.
A. Where any licensee changes or causes to be changed the manager of his establishment and such person has not heretofore been approved as a manager by the Licensing Authority, the licensee shall file the prescribed forms with the City Clerk for a change of management within thirty days of such change.
B. Where any manager or managers are granted their power or authority by way of a contract or other agreement, a copy of such contract or agreement shall be filed with the City Clerk by the licensee with the prescribed forms and the oath as set forth in subsection (A) of this section.
C. The City Clerk shall administratively approve a change of manager for any licensed establishment. (Ord. O-2009-11 §§ 3, 4, 2009; Ord. O-89-36 §§ 15, 16, 1989; Ord. O-87-8 § 1 (part), 1987).
5.40.110 Special events permits.
The licensing authority shall establish a procedure to issue special events
permits for sale by the drink only of fermented malt beverages as set forth
in Title 12, Article 48 of the Colorado Revised Statutes, 1997, as amended,
and the regulations promulgated thereunder. An application for a special events
permit shall be accompanied by payment of all applicable state permit fees as
well as a fee to cover the costs to the city of investigation and issuance of
a permit. When an event is held on municipal premises, proof of insurance acceptable
to the city attorney and risk manager must be filed with the application. (Ord.
O-97-72 § 2, 1997; Ord. O-87-8 § 1 (part), 1987).
5.40.115 Notice of Show Cause Hearing.
When the Licensing Authority issues an order to show cause why a license should
not be suspended or revoked, the Licensing Authority shall give the licensee
reasonable advance notice of the time and place of the hearing, nature thereof,
the authority and jurisdiction under which it is to be held, and the violation(s)
alleged in the complaint. Such notice shall be mailed to the licensee by first-class
mail by the City Clerk or her designee and shall be served personally on the
licensee at the last address furnished to the City by the licensee. At least
ten days prior to the hearing, the licensed premises shall be posted with a
sign prepared and posted by the City Clerk or her designee which contains notice
of the hearing date, time, and location. (Ord. O-96-42 § 2, 1996).
5.40.120 Procedural rules and regulations.
The licensing authority may promulgate reasonable procedural rules and regulations
for carrying out the provisions of this chapter; provided, that the rules and
regulations are not in conflict with the Colorado Beer Code and the rules and
regulations for the Colorado Beer Code or any other provision in this chapter.
(Ord. O-93-64 § 35, 1993: Ord. O-87-8 § 1 (part), 1987).
5.40.130 City fermented malt beverage fee policy and purpose.
A. The City Council finds, determines and declares that considering the nature
of the business of selling fermented malt beverages and relationship of such
business to the municipal welfare, as well as the relationship thereof to the
expenditures required of the city, and a proper, just and equitable distribution
of the tax burdens within the city and all other matters properly to be considered
in relation thereto, the classification of such business as a separate occupation
is reasonable, proper, uniform, nondiscriminating and necessary for a just and
proper distribution of the tax burdens within the city.
B. There is levied and assessed for each year an annual city occupation fee
upon the business of selling fermented malt beverages in the city based on the
type of license held by the licensee. Said fees shall be set by City Council
resolution.
C. The City of Lakewood shall impose those fees necessary to defray the costs
of processing the documentation of the activities of alcohol beverage establishments
as allowed by law including, but not limited to, fees for a new license, a transfer
of location or ownership, a renewal of a license, for late renewal, modification
of premises, and a change in corporate name or trade name. Said fees shall be
adopted by City Council resolution. (Ord. O-97-72 § 4, 1997; Ord. O-97-72
§ 3, 1997; Ord. O-87-8 § 1 (part), 1987).
5.40.140 Fines in lieu of suspension.
The licensing authority is empowered to impose fines in lieu of the suspension
of a license to sell fermented malt beverages as provided for in Section 12-46-107,
5 C.R.S. (1985 Repl. Vol). (Ord. O-87-56 § 2, 1987).
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