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In addition to the requirements of the provisions of title 44, article 3, Colorado Revised Statutes and any rules and regulations issued thereunder, the following standards apply to an optional premises license and an optional premises permit for a hotel and restaurant license:
A. Applicant must submit a detailed sketch of the outdoor sports and recreational facilities which indicates the location of each optional premises, as well as a written statement explaining the applicant's need for the optional premises, demonstrating that the size of the outdoor sports and recreational facility justifies the issuance of an optional premises license.
B. Applicant must submit its written plan to ensure control over each area designated as an optional premises.
C. Optional premises licensees and permittees must have sandwiches and light snacks available on the optional premises during the service of malt, vinous or spirituous liquors. (Ord. 90-19; Ord. 01-42; Ord. 15-78; Ord. 20-10)
A. In General: The City hereby authorizes tastings to be conducted by retail liquor store or liquor licensed drugstore licensees in accord with this section and pursuant to Colorado Revised Statutes section 44-3-301(10) et seq. Within the City, it is unlawful for any person or licensee to conduct tastings unless a tastings permit has been obtained in accord with this section. The City Clerk is authorized to issue tasting permits in accord with the requirements of this section.
B. Application And Standards For Issuance:
1. To conduct tastings, a retail liquor store or liquor licensed drugstore licensee shall submit to the City Clerk an application on forms provided by the City for a tastings permit to the City Clerk. The City Clerk may reject the application if the applicant fails to establish that tastings will be conducted without violating the provisions of this section or of Colorado Revised Statutes section 44-3-301 et seq., or without creating a public safety risk to the neighborhood.
2. The applicant for a tastings permit shall verify on the application that all persons serving alcohol at tastings have completed a certified server training program that meets the standards established by the Liquor Enforcement Division of the Colorado Department of Revenue.
3. The applicant shall provide a written control plan at the time of the application that meets the approval of the City Clerk.
4. The initial tastings permit shall be valid only until the expiration of the then current retail liquor store or liquor licensed drugstore license held by the applicant and may be renewed upon application on the same time schedule as the retail liquor license or the liquor licensed drugstore license renewal. A renewed tastings permit shall be valid for not more than one year and shall run concurrently with the retail liquor store or liquor licensed drugstore license of the holder of the tastings permit.
C. Tastings Restrictions: In addition to the requirements of the provisions of title 44, article 3, Colorado Revised Statutes and any related rules and regulations issued, the following restrictions apply to a tastings permit:
1. Tastings shall be conducted only by a person who has completed a server training program that meets the standards established by the Liquor Enforcement Division of the Colorado Department of Revenue, and only on the licensee's licensed premises.
2. The tastings permit shall be posted during all tastings.
D. Violations:
1. A violation of a restriction specified in this section or in Colorado Revised Statutes section 44-3-301 by a retail liquor store or liquor licensed drugstore, whether by licensee's employees, agents or otherwise, shall be the responsibility of the retail liquor store licensee or liquor licensed drugstore licensee who holds the permit and is conducting the tasting.
2. It is a violation of the tastings permit if the permittee's retail liquor store license or liquor licensed drugstore license is not in full force and effect.
3. A retail liquor store licensee or liquor licensed drugstore licensee holding a permit and conducting a tasting shall be subject to the same revocation, suspension and enforcement provisions as otherwise apply to the licensee, and including the suspension and revocation procedures set forth in section 2.1.801 et seq., of this chapter.
4. It is a violation of this part to create a public safety risk as a result of the conduct of tastings or the operation of a tastings permit. (Ord. 08-145; Ord. 15-78; Ord. 20-10)
Pursuant to Colorado Revised Statutes section 44-3-301(11), as amended, the City of Colorado Springs exercises its local option to authorize Entertainment Districts.
A. City Council may authorize individual Entertainment Districts by Resolution. City Council shall make a determination that the establishment of the Entertainment District size, hours of operation, and other reasonable restrictions are compatible with the geographic area in which the Entertainment District is to be located. The City Council Resolution authorizing the Entertainment District shall describe and identify the boundaries of the Entertainment District and include a detailed map attached to the Resolution. The Resolution may impose stricter limits on size, security, or hours of operation of any Common Consumption Area created within the Entertainment District so long as City Council deems the stricter limits necessary for the health, safety, and welfare of the public. An Entertainment District must meet the following minimum criteria:
1. The defined boundaries of the Entertainment District shall not exceed one hundred (100) contiguous acres; and
2. The defined boundaries of the Entertainment District shall contain at least twenty thousand (20,000) square feet of premises that at the time the district is created is licensed as an authorized Licensed Premises under Colorado Revised Statutes 44-3-103(15)(c), as amended.
B. For purposes of certifying Promotional Associations and Common Consumption Areas within Entertainment Districts, the City Clerk shall act as the Local Licensing Authority and is authorized to:
1. Certify and decertify Promotional Associations pursuant to Colorado Revised Statutes section 44-3-301(11), as amended, and any rules and regulations issued by the Colorado Department of Revenue, Liquor Enforcement Division;
2. Designate one or more Common Consumption Areas within a City Council approved Entertainment District;
3. Authorize, deauthorize, or refuse to authorize or reauthorize the attachment of a licensed premises to a Common Consumption Area; and
4. Promulgate, administer, and enforce local rules and regulations related to:
a. The application and application process for a Promotional Association;
b. The certification process and requirements for certifying a Promotional Association;
c. The application fees, certification fee, and other fee(s) associated with certifying a Promotional Association and authorizing the attachment of licensed premises to a Common Consumption Area;
d. The operational requirements and conditions or restrictions for designating the location, size, security, and attachment of licensed premises to a Common Consumption Area;
e. The sufficiency and method of presenting evidence through, petitions, remonstrances, or otherwise, demonstrating the reasonable requirements of the neighborhood and the desires of the adult inhabitants;
f. Reasonable restrictions placed upon the neighborhood by the Licensing Authority;
g. Annual reporting and compliance requirements for Promotional Associations; and
h. All other matters authorized by the Colorado Liquor Code, Colorado Revised Statutes section 44-3-101, et seq.
C. The regulations and standards for operating a certified Promotional Association and Common Consumption Area shall be in addition to all other laws, regulations, and standards applicable under this article, this Code, and the Colorado Liquor Code, Colorado Revised Statutes section 44-3-101, et seq.
D. A Promotional Association and all licensed premises attached to a Promotional Association's Common Consumption Area shall be subject to the same revocation, suspension, and enforcement provisions which apply to the liquor licensee, including the suspension and revocation procedures set forth in section 2.5.601
et seq., of this chapter and the Liquor and Beer Rules and Regulations of the City of Colorado Springs. (Ord. 17-75; Ord. 20-10)
The City Council finds, determines and declares that, considering the nature of the business of selling at retail fermented malt beverages, malt, vinous and spirituous liquors for beverage purposes, the relation of the business to the general welfare, as well as the relation to the expenditures required of the City, the proper, just and equitable distribution of tax burdens within the City and all other penalties proper to be considered in relation to the business, the classification of the business as a separate occupation is reasonable, proper, uniform and nondiscriminatory, and that the amount of tax imposed in this part is reasonable, proper, uniform and nondiscriminatory and necessary for a just and proper distribution of the tax burdens within the City. The City Council further finds, determines, and declares that the purpose of this part is and has always been to impose the applicable tax upon all persons licensed to sell fermented malt beverages, malt, vinous and spirituous liquors for beverage purposes as defined under Colorado Revised Statutes, title 12, articles 46, 47 and 48, as amended, regardless of the specific class of operation. (Ord. 1882; 1968 Code §5-75A; Ord. 01-42; Ord. 04-195; Ord. 15-78)
The business of selling at retail any fermented malt beverage, malt, vinous or spirituous liquor for beverage purposes is hereby defined and separately classified, and the license tax fixed for the occupation for the purposes of this article as follows:
A. Hotel and restaurant licensees, tavern licensees, brewpub licensees, distillery pub licensees, vintner's restaurant licensees, and lodging and entertainment licensees: The annual Occupation Tax is set at four hundred dollars ($400.00).
B. Beer and wine licensees: The annual Occupation Tax is hereby set at three hundred dollars ($300.00).
C. Retail liquor store licensees: The annual Occupation Tax is hereby set at three hundred dollars ($300.00).
D. Liquor licensed drugstores: The annual Occupation Tax is hereby set at three hundred dollars ($300.00).
E. Club licensees: The annual Occupation Tax is set at three hundred dollars ($300.00).
F. Fermented malt beverage on and off premises licensees: The annual Occupation Tax is hereby set at three hundred dollars ($300.00).
G. Arts licensees: The annual Occupation Tax is set at two hundred dollars ($200.00).
H. Racetrack licensees: The annual Occupation Tax is set at three hundred dollars ($300.00).
I. Optional premises licensees: The annual Occupation Tax is hereby set at four hundred dollars ($400.00). (Ord. 1882; Ord. 2408; 1968 Code §5-75B, C; Ord. 76-106; Ord. 81-243; Ord. 82-230; Ord. 90-21; Ord. 01-42; Ord. 04-195; Ord. 15-78; Ord. 16-79; Ord. 17-76)
A. The Occupation Tax shall be due and payable to the City of Colorado Springs and submitted to the City Clerk's Office by January 31 of each year and shall be delinquent on February 1 of the same year.
B. Upon receipt of the tax, the City Clerk's Office shall issue a receipt showing the name of the person paying the same, the trade name, the annual period and the location of the place of business for which the tax paid. The person operating the business shall at all times during the year have the receipt available on the premises and shall produce the receipt on request.
C. If the occupation is newly undertaken or commenced subsequent to January 1 of any year, the tax shall be prorated for the remaining portion of the year. However, if the business is actually in existence and only temporarily closed, no proration or refund shall be made to any person who discontinues the business during the year.
D. All prorated taxes shall be due and payable upon the beginning of business, and shall be paid prior to the issuance of a license to sell alcohol beverages. (Ord. 1882; 1968 Code §5-75D; Ord. 01-42)
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