(a) As used in this Article, unless the context indicates otherwise, certain words shall have the following meanings:
Retail license means a grant to a licensee to sell fermented beverages pursuant to the Colorado Beer Code (Article 4 of Title 44, C.R.S.) or a grant to a licensee to sell malt, vinous or spirituous liquors pursuant to the Colorado Liquor Code (Article 3 of Title 44, C.R.S.).
Retail licensee or licensee means the holder of a license to sell fermented malt beverages pursuant to the Colorado Beer Code (Article 4 of Title 44, C.R.S.) or the holder of a license to sell malt, vinous or spirituous liquors pursuant to the Colorado Liquor Code (Article 3 of Title 44, C.R.S.), who is engaged at any time during the calendar year in such operation in the City.
(b) All other terms shall be defined as set forth in the provisions of the Colorado Beer Code, the Colorado Liquor Code and Special Event Permits, as the definitions presently exist or may hereafter be amended. (Prior code 3-6-1; Ord. 347 §1, 2008; Ord. 445 §1, 2023)
Pursuant to declaration by the General Assembly, the Colorado Beer Code, Section 44-4-101, et seq., C.R.S., the Colorado Liquor Code, Section 44-3-101, et seq., C.R.S., and Special Event Permits, Section 44-5-101, et seq., C.R.S., as they presently exist or may hereafter be amended, shall apply to the sale of fermented malt beverages, alcoholic beverages, special malt liquors, spirituous liquors and vinous liquors in the City.
(Ord. 347 §1, 2008; Ord. 445 §2, 2023)
The Board of Trustees hereby finds, determines and declares that it is empowered by Section 44-3-505, C.R.S., to fix and collect certain fees in connection with the application for issuance, transfer and renewal of certain types of beer, wine and liquor licenses. The Board of Trustees further finds that the fees imposed by the State are in amounts sufficient to cover actual and necessary expenses incurred by the City in connection with the handling of such licenses and applications therefor.
(Prior code 3-6-3; Ord. 347 §1, 2008; Ord. 445 §3, 2023)
(a) Whenever a decision of the Board of Trustees, acting as the Local Licensing Authority (hereinafter "Authority"), suspending a retail license for fourteen (14) days or less becomes final, whether by failure of the retail licensee to appeal the decision or by exhaustion of all appeals and judicial review, the retail licensee may, before the operative date of the suspension, petition the Authority for permission to pay a fine in lieu of having his or her retail license suspended for all or part of the suspension period. Upon the receipt of the petition, the Authority may, in its sole discretion, stay the proposed suspension and cause any investigation to be made, which it deems desirable and may, in its sole discretion, grant the petition if it is satisfied:
(1) That the public welfare and morals would not be impaired by permitting the retail licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes;
(2) That the books and records of the retail licensee are kept in such a manner that the loss of sales of alcoholic beverages which the retail licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy therefrom; and
(3) That the retail licensee has not had his or her license suspended or revoked, nor had any suspension stayed by payment of a fine, during the two (2) years immediately preceding the date of the motion or complaint which has resulted in a final decision to suspend the retail license.
(b) The fine accepted shall be equivalent to twenty percent (20%) of the retail licensee's estimated gross revenues from sales of alcoholic beverages during the period of the proposed suspension; except that the fine shall be not less than two hundred dollars ($200.00) nor more than five thousand dollars ($5,000.00).
(c) Payment of any fine pursuant to the provisions of this Section shall be in the form of cash, certified check or cashier's check made payable to the City Clerk and shall be deposited in the General Fund of the City.
(d) Upon payment of the fine pursuant to this Section, the Authority shall enter its further order permanently staying the imposition of the suspension.
(e) In connection with any petition pursuant to this Section, the authority of the Authority is limited to the granting of such stays as are necessary for it to complete its investigation and make its findings and, if it makes such findings, to the granting of an order permanently staying the imposition of the entire suspension or that portion of the suspension not otherwise conditionally stayed.
(f) If the Authority does not make the findings required in Subsection (a) above and does not order the suspension permanently stayed, the suspension shall go into effect on the operative date finally set by the Authority.
(Ord. 347 §1, 2008)
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