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NONGOVERNMENTAL RESIDENTIAL FACILITIES FOR THE TREATMENT OR SUPERVISION OF OUT-OF-STATE OFFENDERS
Sections:
5.54.010 Definitions.
5.54.020 Required license.
5.54.030 Operation of nongovernmental residential facilities
for the treatment or supervision of offenders.
5.54.040 Employees of the residential facility.
5.54.050 Disclosure and inspection of residential facilities.
5.54.060 Unlawful Acts.
5.54.070 License fee.
5.54.080 License application.
5.54.090 Determination of completed application.
5.54.100 Application fee.
5.54.110 Investigation.
5.54.120 Approval of denial of application.
5.54.130 Appeal of application denial.
5.54.140 Issuance of license.
5.54.150 Term of the license.
5.54.160 License renewal.
5.54.170 Suspension or revocation of license.
5.54.010 Definitions.
The following words and phrases, when used in this chapter, shall have the following
meanings:
"Criminal corrective action" means any sentence, suspended sentence,
probation, parole, work release, conditional release from prison, jail, or other
correctional facilities, deferred judgment, deferred prosecution, criminal diversion
program, or similar order, program, condition, or requirement imposed, arranged,
or ordered by any referring agency.
"Criminal offense" means any felony, misdemeanor, petty offense, municipal
offense, or other criminal offense under the laws of the United States, any
state or municipality.
"Person" means a natural person, joint venture, joint stock company,
partnership, association, club, corporation, limited liability entity in any
form, business, trust, organization or a manager, lessee, agent, servant, officer
or employee of any of them.
"Offender" means any adult who has been referred for lodging along
with treatment or supervision within the City of Lakewood by any referring agency
outside the state of Colorado as a result, condition, requirement, or term of
any criminal corrective action.
"Refer" means to commit or place an offender in a residential facility
within the City of Lakewood for lodging along with treatment or supervision
as part of a criminal corrective action. The term also includes the act of ordering,
directing, or sending an offender to a residential facility or ordering, directing,
or requiring an offender to contact a residential facility for lodging along
with treatment or supervision as part of a criminal corrective action. The term
includes the act of providing an offender with the name, address, or phone number
of the residential facility for the purpose of having the offender gain admission
for lodging along with treatment or supervision as part of a criminal corrective
action if the residential facility or the offender is required to report the
offender's attendance, enrollment, performance, or completion of any treatment
or supervision to the referring agency.
"Referring agency" means any court, prison, jail, department of corrections,
department of parole, department of probation, district attorney's office, city
attorney's office, judge, probation officer, parole officer, diversion officer,
prosecutor, or similar governmental body or officer which refers an offender
to a residential facility for lodging along with treatment or supervision.
"Residential facility" means a nongovernmental residential facility
for the treatment or supervision of offenders located within the City of Lakewood
in any building, structure, real property, or other location or place not owned
or operated by the United States, the state, the county, or the City, providing
lodging along with supervision or treatment for one (1) or more offenders.
"Treatment" means any one or more of the following: psychiatric or
psychological testing, evaluation, analysis, therapy, counseling, or the prescription,
administration, or monitoring of psychiatric medication; evaluation, testing,
treatment, or counseling for drug or alcohol use, addiction, or dependency;
sexual offender evaluation, testing, treatment, counseling or therapy; domestic
violence evaluation, testing, treatment, counseling or therapy; and peer counseling
of any kind. Treatment also includes the act of referring, organizing, planning,
scheduling, providing space for, arranging, or transporting any offender for
treatment. (Ord. O-2005-18; § 1, 2005).
5.54.020 Required license.
License. Any person operating a residential facility shall first obtain a license
to operate such a facility as set forth in Section 5.54.080. A separate license
shall be obtained for each such location and residential facility. (Ord. O-2005-18;
§ 1, 2005).
5.54.030 Operation of nongovernmental residential facilities
for the treatment or
supervision of offenders.
A. General requirements.
1. The residential facility shall designate in writing a director who is responsible
for the day to day management and operation of the residential facility. In
the event that the designated director is discharged, resigns, or otherwise
ceases to accept or perform the responsibilities of director, the residential
facility shall name a new director, and provide the same in writing to the City
Clerk within thirty (30) days.
2. The residential facility shall obtain and maintain liability insurance covering
injuries, damages, and losses to employees, offenders, and third persons caused
by the acts or omissions of the residential facility's director or employees
or offenders with liability limits not less than one million dollars ($1,000,000.00)
per person and five million dollars ($5,000,000.00) per incident.
3. The residential facility shall audit each offender's file no later than sixty
(60) days after admission and every six (6) months thereafter to ensure that
every duty imposed under this Chapter has been performed and all documentation
required by this Chapter is present in the offender's file. A similar audit
of each offender's file shall be completed within thirty (30) days after the
offender is discharged or expelled from the facility. All such audits shall
be documented in the offender's file.
4. The residential facility shall require each referring agency referring offenders
to the facility to sign a written agreement stating that in the event that any
offender referred by the referring agency is expelled from the residential facility,
the referring agency shall either place the offender in another facility or
take the offender into the referring agency's custody, and that failure to do
so will result in the residential facility refusing to accept into the residential
facility any offenders referred by the referring agency in the future. A copy
of each such signed agreement shall be maintained in its files. The residential
facility shall require each referring agency referring offenders to the residential
facility to sign a written agreement stating that in the event that any offender
referred by the referring agency is expelled from the residential facility,
the referring agency shall either place the offender in another facility or
arrange for the offender to physically report to the probation officer, and
that failure to do so will result in the residential facility refusing to accept
into the residential facility any offenders referred by the referring agency
in the future. A copy of each such signed agreement shall be kept in the residential
facility's files.
5. The residential facility shall be operated in accordance with procedures
which govern the following:
a. The acceptance or rejection of offenders to the residential facility;
b. The discipline and expulsion of offenders who commit crimes while placed
in the residential facility, violate the residential facility's rules, do not
reasonably respond to treatment, or whose behavior or mental status poses a
substantial threat to the welfare of employees or others;
c. The dissemination of documentation concerning offenders to the offender's
referring agency as required in this Chapter;
d. Procedures for the accounting of all offenders and for contacting referring
agencies when any offender is not accounted for;
e. Procedures for searches, including "pat" searches, room searches,
vehicle searches, and personal effect searches, including a provision requiring
all offenders to consent in writing to all such searches at the residential
facility.
f. Procedures to ensure that any terms, conditions, limitations, or requirements
imposed on the offender by the offender's referring agency, including but not
limited to those pertaining to drug and alcohol testing, operation of a motor
vehicle, and absence from the residential facility, are obtained from the referring
agency, placed in the offender's file, provided to the offender's case manager,
and monitored for compliance;
6. No offender placed in a residential facility shall:
a. Violate any federal, state or local law or regulation of the residential
facility or requirement of parole or other requirement for placement in the
residential facility.
b. Possess or use any controlled substance, alcohol or other intoxicants (e.g.
paint huffing);
c. Possess or use any weapon;
d. Fail to cooperate with all employees of the residential facility, the referring
agency, and all treatment and supervision providers;
e. Fail to comply with the terms of the treatment plan, supervision plan, budget,
and any terms, conditions, limitations, or requirements imposed on the offender
by the offender's referring agency, including but not limited to those pertaining
to drug and alcohol testing, operation of a motor vehicle, and absence from
the residential facility.
7. The residential facility shall not permit any offender to leave the physical
premises of the residential facility for any purpose, for any period of time,
including but not limited to absences for assessment, work, or treatment, in
violation of any of the terms, conditions, limitations, or requirements imposed
on the offender by the offender's referring agency, including but not limited
to those pertaining to operation of a motor vehicle, and absence from the residential
facility. (Ord. O-2005-18; § 1, 2005).
5.54.040 Employees of the residential facility.
A. The residential facility shall maintain written job descriptions for all
employees of the residential facility including job title, minimum qualifications,
responsibilities, duties, and salary ranges. Before hiring any employee, the
residential facility shall conduct a background investigation and document the
same in the employee's files. The investigation shall verify job qualifications
and check for prior criminal record. The residential facility shall not hire
offenders nor shall utilize offenders in tasks similar to those tasks performed
by employees.
B. The residential facility shall not hire any employee who has a conviction
for a criminal offense during the preceding five (5) years, unless the facility
first notifies the City Clerk in writing and the City Clerk approves the hiring
of the employee in writing. Copies of these notices and approvals shall be kept
in the employee's file.
C. If any employee is arrested or charged with any criminal offense, other than
traffic offenses carrying less than eight (8) points, the residential facility
shall immediately notify in writing the City Clerk of the employee's name, duties
and the pending charges.
D. The residential facility shall hire and maintain on staff a sufficient number
of case managers to maintain a ratio of at least one (1) full-time case manager
for every twenty (20) offenders admitted to the residential facility. Case managers
shall manage the treatment, supervision, budget, discipline, and perform all
other duties required of case managers under this Chapter. Case managers shall
be physically present in the residential facility at least twenty-five (25)
hours per week except when on leave. Case managers shall not be assigned administrative
or other duties which interfere with their case management duties.
E. No person shall be employed as a case manager or perform any of the duties
of a case manager unless he or she meets one (1) or more of the following qualification
requirements:
1. A bachelor's, master's or doctoral degree in social or behavioral sciences,
criminal justice, or related fields;
2. An associate's degree in social or behavioral sciences, criminal justice,
or related fields and at least two (2) years of work experience in social work,
criminal justice, or closely related fields;
3. Four (4) years of work experience in social work, criminal justice, or closely
related fields; or
4. A level II or III state alcohol and drug abuse counselor certification if
the primary treatment concern for all of the offenders assigned to the case
manager is drug or alcohol abuse. (Ord. O-2005-18; § 1, 2005).
5.54.050 Disclosure and inspection of residential facilities.
The residential facility shall make all parts of the residential facility, employee
files, offender files, administrative files, the policy and procedure manual,
rules of conduct for offenders, and all other records and papers physically
available for inspection at the residential facility by the City's inspectors
during normal business hours for the purpose of evaluating the residential facility's
program and determining whether the residential facility is in compliance with
this Chapter. The residential facility shall make employee files, offender files,
administrative files, the policy and procedure manual, rules of conduct for
offenders, and all other records and papers available for inspection in paper
form. If the residential facility is regulated or assisted by any department
or agency of the United States government, the residential facility may redact
the identity of each offender from offender files and records pertaining to
the diagnosis, prognosis, or treatment for substance abuse, or any education,
prevention, training, rehabilitation or research related to the same, before
disclosing such records to the City's inspectors.
The City's inspectors shall inspect and evaluate every residential facility
for the treatment and supervision of offenders and shall take enforcement action
for any violation of this chapter. (Ord. O-2005-18; § 1, 2005).
5.54.060 Unlawful Acts.
It shall be unlawful for any person administering, operating, managing, controlling,
directing, or in charge of any residential facility for the treatment or supervision
of offenders to:
A. Knowingly admit to the residential facility any offender whose admission
to the facility or presence in Colorado has been rejected or disapproved by
any Colorado state governmental authority;
B. Fail to immediately report the unauthorized absence of any admitted offender
to the referring agency and the city police department; or
C. Operate or permit the operation of the residential facility by any employee
in violation of this Chapter or any federal, state or local law. (Ord. O-2005-18;
§ 1, 2005).
5.54.070 License fee.
A. No person shall conduct or operate a residential facility without first having
obtained a residential facility license as required by this Chapter. Each applicant
shall pay an annual license fee in an amount to be determined by City Council.
City Council shall authorize such amount by resolution.
B. In the event an application for a license is withdrawn prior to issuance
or is denied, the license fee shall be refunded in full to the applicant. The
license fee is in addition to any application fee required by this Chapter.
(Ord. O-2005-18; § 1, 2005).
5.54.080 License application.
A. All applicants for a residential facility license shall file a completed
application for such license with the City Clerk on forms to be provided by
the City Clerk. Each individual applicant, partner of a partnership, officer
or director of a corporation, and manager of a limited liability company and
all business managers, shall be named in each application form, and each of
them shall be photographed and fingerprinted by the Lakewood Police Department.
B. The completed application shall contain the following information and shall
be accompanied by the following documents:
1. If the applicant is:
a. An individual, the individual shall state his legal name and any aliases
and submit satisfactory proof that he is twenty-one (21) years of age or older;
b. A partnership, the partnership shall state its complete name and the names
of all partners, whether the partnership is general or limited, and provide
a copy of the partnership agreement, if any;
c. A corporation, the corporation shall state its complete name, the date of
its incorporation, evidence that the corporation is in good standing under the
statutes of the State of Colorado, or in the case of a foreign corporation,
evidence that it is currently authorized to do business in the State of Colorado,
the names and capacity of all officers, directors, and the name of the registered
corporate agent and the address of the registered office for service of process;
d. A limited liability company, the company shall state its complete name, the
date of its formation, evidence that the company is in good standing under the
statutes of the State of Colorado, or in the case of a foreign company, evidence
that it is currently authorized to do business in the State of Colorado and
the name of the manager and registered agent and the address of the registered
office for service of process.
2. State whether the applicant or any other individual listed pursuant to Subsection
A. of this Section has previously operated or is currently operating or has
been employed at an unlicensed residential facility as defined in this Chapter
or has had a previous residential facility license under this Chapter or other
residential facility ordinances, resolutions or other regulations from another
city or county denied, suspended or revoked, including the name and location
of the residential facility for which the permit was denied, suspended or revoked,
as well as the date of the denial, suspension or revocation. State whether the
applicant or any other individual listed pursuant to Subsection A. of this Section
holds any other licenses under this Chapter or other similar residential facility
ordinance from another city or county and, if so, the names and locations of
such other permitted businesses;
3. State the location of the proposed residential facility, including a legal
description of the property, street address, and telephone number(s), if any;
4. Provide proof of the applicant's right to possession of the premises wherein
the residential facility will be conducted;
5. State the applicant's mailing address and residential address;
6. State the applicant's social security number and/or his federally issued
tax identification number;
7. Provide evidence from the Lakewood Community Planning and Development Department
that the proposed location of such business complies with the locational requirements
of the zoning ordinance;
8. Provide a verified affidavit that the proposed residential facility and its
location comply with and conform to all requirements of this Chapter;
9. State whether the applicant or any person pursuant to Subsection A of this
section has been arrested for a criminal offense, the date of the arrest, and
the location of the offense. (Ord. O-2005-18; § 1, 2005).
5.54.090 Determination of completed application.
A. Not more than ten (10) days following submission of an application, the City
Clerk shall review the application for completeness and conformance with the
application requirements of Section 5.54.080. The City Clerk shall not accept
for filing any application that is not complete in every detail. If an omission
or error is discovered by the City Clerk, the application will be rejected by
the City Clerk and returned to the applicant together with a written explanation
of the omission or error without further action by the City Clerk. Any application
rejected by the City Clerk due to an omission or error may be resubmitted to
the City Clerk when the omission or error has been remedied. For the purposes
of this Chapter, the date the City Clerk determines that an application is complete
and in conformance with the application requirements of Section 5.54.080 in
every detail shall be the date the application is deemed filed with the City
Clerk.
B. All applicants shall promptly notify the City Clerk in writing in the event
that any information contained in an application has changed or any information
is discovered by the applicant to be incorrect in any way from what is stated
on the application, and every applicant shall have the continuing duty to promptly
update and supplement such information during the term of any residential facility
license issued to the applicant. The failure to notify the City Clerk in accordance
with this section within thirty (30) days from the date of such change or discovery,
by supplementing or updating the application on file with the City Clerk, shall
be grounds for revocation of any application approval or, where a license has
been issued, suspension or revocation of an issued residential facility license.
(Ord. O-2005-18; § 1, 2005).
5.54.100 Application fee.
Each applicant, whether an individual, partnership, limited liability company,
or corporation, shall pay the following application fees at the time of submitting
any application to the City Clerk:
A. An application processing fee of one hundred fifty dollars ($150). Such application
fee shall be nonrefundable.
B. An application investigation fee in the amount then charged by the Colorado
Department of Public Safety for each person who will be investigated as required
by this Chapter. Such application investigation fee shall be nonrefundable following
a determination by the City Clerk that the application is complete in accordance
with Section 5.54.080. The application investigation fee shall be refunded upon
written request by the applicant in the event that the applicant withdraws its
application prior to the City Clerk's determination that the application is
complete. (Ord. O-2005-18; § 1, 2005).
5.54.110 Investigation.
A. Without undue delay following the City Clerk's determination that an application
is complete, the City Clerk shall transmit the application to the Lakewood Police
Department for investigation of the background of each individual applicant,
manager, the partners of a partnership, the officers and directors of a corporation
and the manager of a limited liability company and manager of the residential
facility and to investigate the accuracy of the information provided in the
application. The investigation is intended to provide an opportunity to determine
whether the application is in conformance with the requirements of this Chapter
based on information and resources available to the City. The results of such
investigation shall not be interpreted or construed as constituting an affirmation
or verification by the City that the information contained in the application
is factually correct or accurate.
B. The City Clerk may cause to be conducted any other investigation deemed necessary
by the City Clerk to determine the application's conformance with any requirement
of this Chapter including, but not limited to, an investigation of the proposed
residential facility location's conformance with the Lakewood Zoning Ordinance,
Lakewood Subdivision Regulations, or other applicable laws. (Ord. O-2005-18;
§ 1, 2005).
5.54.120 Approval or denial of application.
A. A completed license application filed with the City Clerk shall be administratively
approved or denied by the City Clerk within sixty (60) days of the date of the
filing of the application. The City Clerk shall deny a license application if:
1. The application or any investigation performed by the City demonstrates or
establishes that the proposed residential facility fails to conform to any requirement
of this Chapter, the Lakewood Zoning Ordinance, Lakewood Subdivision Regulations,
or other applicable law;
2. The applicant knowingly made a false statement or knowingly gave false information
in connection with the application;
3. The individual applicant or a director or officer of a corporation, partner
of a partnership, or manager of a limited liability company or manager of the
residential facility has had a residential facility license revoked or suspended
within five (5) years prior to the application;
4. A corporate applicant or limited liability company applicant is not in good
standing or authorized to do business in the State of Colorado;
5. The individual applicant, manager, director or officer of a corporation,
partner of a partnership, or manager of a limited liability company has been
convicted of a criminal offense for which:
a. Less than two (2) years have elapsed since the date of the conviction or
the date of release from confinement or supervision, whichever is the later
date, if the conviction is of a misdemeanor offense; or
b. Less than five (5) years have elapsed since the date of conviction or the
date of release from confinement or supervision, whichever is the later date,
if the conviction is of a felony offense; or
c. Less than five (5) years have elapsed since the date of conviction or the
date of release from confinement or supervision whichever is the later date,
if the convictions are of two or more misdemeanors. The fact that a conviction
is being appealed shall have no effect on the disqualification of the applicant.
For the purposes of this subsection, "convicted" includes having pled
guilty or nolo contendere. "Convicted" includes persons who have received
a deferred judgment and sentence or a deferred adjudication; or
6. The applicant is overdue in payment to the City of taxes, fees, fines, or
penalties assessed against him or imposed against him in relation to a residential
facility.
B. The City Clerk shall approve a license application if it meets the requirements
of this chapter. Nothing in this Chapter shall prevent or preclude the City
Clerk from revoking such approval where it is discovered that the application
contained or included a false or incorrect statement or false or incorrect information
which would otherwise constitute sufficient grounds or basis for the denial
of the application. Approval of a license application shall not constitute issuance
of a residential facility license. The decision of the City Clerk to approve
a license application shall not be construed as a quasi-judicial act but shall
be a final administrative decision of the City.
C. The City Clerk's approval of a license application shall be valid for one
(1) year following the date of approval. Failure to obtain the issuance of the
license within such one-year period shall require the submission of a new application.
D. In the event that the City Clerk denies a license application, the City Clerk
shall prepare written findings of fact and a decision stating the reasons or
basis for the denial. A copy of the City Clerk's findings and decision shall
be sent by certified mail, return receipt requested, to the address of the applicant
as shown in the application within ten (10) days after the date of the City
Clerk's denial. The City Clerk's decision to deny a license application shall
become a final administrative decision of the City on the fourteenth (14th)
day following the date of the decision unless the applicant files a timely request
for appeal to the City Manager or his designee as provided by Section 5.54.130.
(Ord. O-2005-18; § 1, 2005).
5.54.130 Appeal of application denial.
A. In the event that the City Clerk denies a license application, an applicant
shall have the right to a quasi-judicial hearing before the City Manager or
his designee for the purpose of appealing the City Clerk's administrative decision.
A written request for a hearing shall be made to the City Manager or his designee
within ten (10) days of the date of the mailing of the City Clerk's written
findings and decision denying the license application. The hearing shall be
conducted within ten (10) days of the City Manager's or his designee's receipt
of the written request for a hearing unless a later date is requested by the
applicant.
B. Upon receipt of a timely request for a hearing, the City Manager or his designee
shall schedule a hearing and notify the applicant of the date, time, and place
of the hearing. Such notification may be made by the City by telephone provided
that a written notice shall also be mailed or delivered to the applicant at
the applicant's address shown in the application. An applicant may be represented
at the hearing by an attorney or other representative. An applicant or the City
may request a continuation or postponement of the hearing date.
C. At the hearing, the City Manager or his designee shall hear and consider
such evidence and testimony presented by the City, the applicant, or any other
witnesses presented by the City or the applicant which are relevant to the stated
reason and basis for the City Clerk's denial of the license application. The
City Manager or his designee shall conduct the hearing in conformity with quasi-judicial
proceedings and shall permit the relevant testimony of witnesses, cross-examination,
and presentation of relevant documents and other evidence. The hearing shall
be recorded stenographically or by electronic recording device. Any person requesting
a transcript of such record shall pay the reasonable cost of preparing the record.
D. Not less than ten (10) days following the conclusion of the hearing, the
City Manager or his designee shall send a written order by certified mail, return
receipt requested, to the applicant at the address as shown on the application.
The order shall include findings of fact and a final decision concerning the
approval or denial of the application. In the event that the City Manager or
his designee concludes that the application is approved, such approval shall
constitute approval by the City Clerk, and the applicant may seek issuance of
a license in accordance with this Chapter.
E. The order of the City Manager or his designee made pursuant to this section
shall be a final decision and may be appealed to the District Court pursuant
to Colorado Rules of Civil Procedure 106(a)(4). For purposes of any appeal to
the District Court, the City Manager's or his designee's decision shall be final
upon the earlier of the date of the applicant's receipt of the order or four
(4) days following the date of mailing. (Ord. O-2005-18; § 1, 2005).
5.54.140 Issuance of license.
A. No license shall be issued by the City Clerk after approval of an application
until such time as the building in which the business is to be conducted is
ready for occupancy.
B. If the licensed business premises has been closed or inactive for at least
one (1) year, the City Clerk may revoke or elect not to renew the license. (Ord.
O-2005-18; § 1, 2005).
5.54.150 Term of the license.
All licenses issued pursuant to this Chapter shall be valid for the entire calendar
year in which the license is issued unless revoked. Each license term shall
expire on December 31 of the calendar year for which the license is issued unless
the license is renewed for the next subsequent calendar year. No proration of
any application or license fee or any other requirement shall be permitted for
any application or license filed or issued after January 1 of any calendar year.
(Ord. O-2005-18; § 1, 2005).
5.54.160 License renewal.
A. Renewal of an existing license issued pursuant to this Chapter shall be granted
upon the payment of the annual licensing fee and the filing of a completed renewal
application with the City Clerk not less than forty-five (45) days prior to
the date of license expiration (December 31). The City Clerk may waive the timely
filing requirement where the licensee demonstrates in writing that the failure
to timely file is not solely the result of the applicant's neglect; provided
that no renewal application shall be accepted by the City Clerk from any licensee
after December 31 of the calendar year in which the license expires.
B. A license that is under suspension may be renewed for the next calendar year
in accordance with this section provided that such renewal shall not modify,
alter, terminate, or shorten the period or term of the suspension. The suspension
of a license shall not extend the term of the license or otherwise relieve the
licensee from timely seeking renewal of the license in accordance with this
section. (Ord. O-2005-18; § 1, 2005).
5.54.170 Suspension or Revocation of license.
A. The City Manager or his designee may suspend or revoke a license upon a finding
of any of the following factors:
1. The licensee or manager made a false statement or gave false information
in connection with an application for a license or a renewal of a license;
2. The licensee, manager, or employee violated or allowed or permitted a violation
of any provision of this Chapter;
3. The licensee, in the case of a corporation or limited liability company,
is not in good standing or authorized to do business in the State of Colorado;
4. The licensee is delinquent in payment to the City or State for any taxes
or fees past due; or
B. Nothing in this Chapter shall prohibit the City from taking any other enforcement
action provided for by the Lakewood Municipal Code, the laws of the State, or
of the United States.
C. A licensee shall be entitled to a quasi-judicial hearing before the City
Manager or his designee if the City seeks to suspend or revoke a license based
on a violation of this Chapter.
1. When there is probable cause to believe that a licensee has violated or permitted
a violation of this Chapter to occur in or near the licensed establishment,
the City Attorney may file a written complaint with the City Manager or his
designee setting forth the circumstances of the violation.
2. The City Manager or his designee shall send a copy of the complaint by certified
mail, return receipt requested, to the licensee at the address as shown on the
license application, together with a notice to appear before the City Manager
or his designee for the purpose of a hearing to be conducted at a specified
date and time and at a place designated in the notice to show cause why the
licensee's license should not be suspended. Such hearing shall be held on a
date not less than fourteen (14) days following the date of mailing of the complaint
and notice to the licensee.
D. At the hearing, the City Manager or his designee shall hear and consider
such evidence and testimony presented by the Police Department or other enforcement
officers, the City, the licensee, or any other witnesses presented by the City
or the licensee which are relevant to the violations alleged in the complaint.
The City Manager or his designee shall conduct the hearing in conformity with
quasi-judicial proceedings and shall permit the relevant testimony of witnesses,
cross examination, and presentation of relevant documents and other evidence.
The hearing shall be recorded stenographically or by electronic recording device.
Any person requesting a transcript of such record shall pay the reasonable cost
of preparing the record.
E. The City Manager or his designee shall make written findings of fact from
the statements and evidence offered and shall reach a conclusion as to whether
the alleged violations occurred. Such written findings and conclusion shall
be prepared and issued not less than ten (10) days following the conclusion
of the hearing. If the City Manager or his designee determines that a violation
did occur which warrants suspension or revocation of the license pursuant to
this section, he shall also issue an order suspending or revoking the license.
A copy of the findings, conclusion, and order shall be hand delivered or mailed
to the licensee by certified mail, return receipt requested, at the address
as shown on the license application.
F. For purposes of any appeal to the District Court, the City Manager's or his
designee's decision shall be final upon the earlier of the date of the applicant's
receipt of the findings, conclusion, and order or four (4) days following the
date of mailing of the City Manager's or his designee's decision. The order
of the City Manager or his designee shall be a final decision and may be appealed
to the District Court pursuant to Colorado Rules of Civil Procedure 106(a)(4).
Any suspension or revocation ordered by the City Manager or his designee may
be stayed and held in abeyance following the filing of a complaint for judicial
relief and until a final conclusion of the matter by the District Court.
G. In the event of suspension or revocation of the license, no portion of the
license fee shall be refunded. (Ord. O-2005-18 § 1, 2005).
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