Title
A Resolution accepting and adopting the updated Liquor and Beer Rules and Regulations for The City of Colorado Springs, 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 Liquor and Beer Rules and Regulations earlier in 2017, and passed Resolution 95-17 to enact regulations regarding applications and certifications for Promotional Associations with Common Consumption Areas, and other minor housekeeping issues.
Background:
In concert with the companion proposed Ordinance detailed in file #17-1362, this Resolution amends the City's current Liquor Rules and Regulations (City Liquor Rules), by replacing the term "Local Licensing Authority" (LLA) with the term "Liquor and Beer Licensing Board" or "Liquor Board," with the proposed use of a Municipal Judge to act in the capacity of a Hearing Officer as the LLA on quasi-judicial hearings currently heard by the Liquor Board. The proposed ordinance and resolution would be effective February 1, 2018.
As noted in the attached redline version of the proposed changes to the City Liquor Rules, applicable sections regarding the quasi-judicial functions of the Liquor Board functions have been replaced with the Hearing Officer acting as the LLA, and references to Liquor Board procedures for elections, quorum, special meetings or committees, and parliamentary procedure are no longer relevant and have been eliminated.
An appeal of the decision of the Hearing Officer remains to District Court, as is the current process with the existing Liquor Board, and there would be no changes to the process for public hearing or neighborhood input.
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