City of Colorado Springs - File #: 17-1179

• File #: 17-1179
• Version: 2
• Type: Ordinance
• Status: Mayor's Office
• File created: 7/31/2017
• In control: City Council
• On agenda: 9/12/2017
• Final action: 9/12/2017
• Title: Ordinance No. 17-76 amending Article 5 (Alcohol Beverages) of Chapter 2 (Business Licensing, Liquor Regulation and Taxation) of the Code of the City of Colorado Springs 2001, as amended Presenter: Sarah B. Johnson, City Clerk Lee McRae, License Enforcement Officer
• Sponsors: Lee McRae

Date	Ver.	Action By	Action	Result
9/12/2017	1	City Council	finally passed	Pass
8/22/2017	1	City Council	approved on first reading	Pass
8/7/2017	1	Council Work Session	referred

Title
Ordinance No. 17-76 amending Article 5 (Alcohol Beverages) of Chapter 2 (Business Licensing, Liquor Regulation and Taxation) of the Code of the City of Colorado Springs 2001, as amended

Presenter:
Sarah B. Johnson, City Clerk
Lee McRae, License Enforcement Officer

Body
Summary:
Presentation to discuss proposed ordinance to amend the City' Liquor Code for minor housekeeping changes, including to change the approval process for transfers of ownership to an administrative function of the City Clerk.

Previous Council Action:
City Council last amended the City's Liquor Code in 2016, and passed Ordinance 16-79 to add a Lodging and Entertainment Liquor License type.

Background:
In concert with changes to the City's Liquor Code for enabling entertainment districts (see file #17-973 and #17-1178), this proposed Ordinance is to (i) make additional "housekeeping" changes to change the approval process for transfers of ownership to an administrative function of the City Clerk; (ii) amend the Hours of Sale to accommodate potential differences in hours for entertainment district; and (iii) amend outdated language.

Pursuant to existing State Liquor Code and Rules, changes of ownership of liquor licensees, including transfers of ownership to a new licensee, do not require a public hearing, as there is no applicable neighborhood needs and desires requirement for an established existing licensed location. In determining whether to permit a transfer of ownership, the Local Licensing Authority shall consider only the requirements of background suitability (persons prohibited) and possession of the premises. In fact, the applicant either qualifies or does not, and a Liquor Board hearing appears to be a redundant exercise in restating the applicant qualifications. This proposed change will move the approval of a transfer of ownership application from a Liquor Board hearing to an administrative approval process with the City Clerk. This is the same as t...