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File #: 17-1362    Version: Name:
Type: Ordinance Status: Mayor's Office
File created: 11/3/2017 In control: City Council
On agenda: 12/12/2017 Final action: 12/12/2017
Title: Ordinance No. 17-114 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, pertaining to Hearing Officers. Presenter: Sarah B. Johnson, City Clerk
Attachments: 1. Liquor-Change2HearingOfficerORD2017-11-8-17.pdf, 2. Signed Ordinance 17-114


Title
Ordinance No. 17-114 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, pertaining to Hearing Officers.

Presenter:
Sarah B. Johnson, City Clerk

Body
Summary:
Presentation to discuss proposed ordinance and resolution substituting Hearing Officers as the Local Licensing Authority for existing Liquor and Beer Licensing Board hearings and decisions.

Previous Council Action:
City Council last amended the City's Liquor Code in 2017, and passed Ordinance 17-75 to enact Entertainment Districts, and Ordinance 17-76 for minor housekeeping issues.

Background:
C.R.S. ? 12-46 (Colorado Beer Code), ?12-47 (Colorado Liquor Code), and ?12-48 (Colorado Special Event Liquor Code), along with 1 C.C.R. 203-2 (Colorado Liquor Rules) govern Liquor and Beer licensing in the State of Colorado, with dual licensing authority responsibilities provided to the "Local Licensing Authority." City Code ?2.5.101, et. seq. (City Liquor Code) and the associated Liquor and Beer Licensing Rules and Regulations for the City of Colorado Springs govern the City's licensing and enforcement of liquor laws, and are supplementary to the State Code and Rules, where the "Local Licensing Authority" (LLA) is essentially split between administrative functions granted to the City Clerk, and quasi-judicial functions where public hearings are required that are granted to the Liquor and Beer Licensing Board (Liquor Board).

State Liquor Code and Rules require a public hearing of liquor license applications only when the particular application type requires proof that the needs and desires of the neighborhood are not currently being met. In general terms, this is for new liquor or beer applications, changes of location of existing liquor or beer licenses to a new location, or modification of the premises of an existing liquor or beer license that would affect or change th...

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