TC Ord. No. 2005-01 Amending chapter 5.08 muni code of the TOA as it relates to the modification of licensed premises and undue concentration of licensesTOWN OF AVON, COLORAOD
ORDINANCE NO. 05-01
SERIES OF 2005
AN ORDINANCE AMENDING CHAPTER 5.08, MUNICIPAL CODE OF THE TOWN
OF AVON, AS IT RELATES TO THE MODIFICATION OF LICENSED PREMISES
AND UNDUE CONCENTRATION OF LICENSES
COLORADO:
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
Section 1. Amendment. Subsection (b) of Section 5.08.070, Chapter 5.08 of
Title 5, Avon Municipal Code, is amended to provide as follows:
(b) The burden of proof in an application for a new license, for the
modification of licensed premises or for the transfer of an existing license shall be
upon the applicant. The burden of proof in any proceeding to revoke or suspend a
license shall be upon the Town or the party seeking revocation-or suspension. In
a renewal hearing there shall be no presumption or burden of proof, unless and
until such time as some unfavorable testimony or exhibit is received, at which
point the burden shall become that of the licensee to demonstrate by a
preponderance of the evidence that the license should be renewed. Meetings and
hearings of the Local Licensing Authority may be adjourned or continued to such
other times as may be suitable and reasonably convenient for the parties involved.
Section 2. Amendment. Section 5.08.130, Chapter 5.08 of Title 5, Avon
Municipal Code, is amended by the addition of a new Subsection (c) to provide as follows:
(c) For purpose of determining if the issuance of a new tavern or retail
liquor store license would result in or add to an undue concentration of the same
class of license and, as a result, require the use of additional law enforcement
resources, the Local Liquor Licensing Authority may consider factors, including,
but not limited to:
(1) The ratio of the number of tavern or retail liquor store licenses
in the Town of Avon to the population of neighborhood of the Town of
Avon, compared to the ratio of the number of tavern or retail liquor store
licenses in Eagle County to the population of Eagle County.
(2) The distance between the premises.of the applicant and the
premises of other holders of the same class of license.
(3) Published data concerning the concentration of tavern or liquor
store licenses and its effect on the need for law enforcement resources; and
(4) Testimony concerning the use of law enforcement resources by
law enforcement officials with the responsibility for law enforcement in
the Town of Avon.
Section 3. Amendment. Subsections (c) and (d) of Section 5.08.130, Chapter
5.08 of Title 5, Avon Municipal Code, are relettered to be Subsections (d) and (e).
Section 4. Amendment. Section 5.08.150, Chapter 5.08 of Title 5, Avon
Municipal Code, is renamed Modification of licensed premises and changes in location,
ownership or manager and Subsection (a) is amended to provide as follows:
(a) To achieve a modification of licensed premises or a change in the
location of a licensed outlet, the applicant shall submit all forms and material
required by the State Liquor Enforcement Division, a fee to the Town of one
hundred fifty dollars ($150.00) for actual and necessary expenses incurred in
connection with processing the application, and any additional materials as
reasonably required by the Town Attorney, Town Clerk or Police Chief, as well
as any information, testimony or documents required by the Local Liquor
Licensing Authority. In making its decision with respect to a modification of
licensed premises or a change in the location of a"licensed outlet, the Local Liquor
Licensing Authority shall take into consideration the reasonable requirements of
the neighborhood and the desires of adult inhabitants.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 22nd day of March, 2005, and a public hearing on this ordinance shall
be held at the regular meeting of the Town Council on the 12th day of April, 2005, at 5:30 P.M.
in the Council embers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
OF -4,kp Ta of on, Colorado
A 1-4 Ronald C. Wolfe, Mayor
ATT ' T:
c
Patty c envy, p`wr Clerk
Ordinance No. 05-01 Liquor Code
Page 2 of 3
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND
ORDERED POSTED the 12th day of April 2005.
AT ST:
a,uJ
- r'i
APP OV AS TO FORM:
Jo W. Dunn, Town Attorney
To f Avon, Colo do
C_
Z~"~A
Ronald C. Wolfe, Mayor
Ordinance No. 05-01 Liquor Code
Page 3 of 3
Memo
To: Avon Liquor Licensing Authority
Thru: Larry Brooks, Town Manager
Jacquie Halbumt; Asst. Town Manager
John Dunn, Town Attorney
From: Patty McKenny, Town Clerk
Date: April 1, 2005
Re: Second Reading and Public Hearing on Ordinance No. 05-01, Modification of Licensed
Premises & Undue Concentration Licenses
Summary:
Attached is John's memo from first reading and a copy of Ordinance No. 05-01 for second reading &
public hearing. This ordinance addresses modification of premises and undue concentration
licenses.
Background:
This legislation was requested by the Liquor Board to try to address any requests made by license
holders for the expansion/modification of licensed premises. John Dunn also addressed the "undue
concentration" issue as outlined in the State Liquor Code.
Discussion:
This discussion only addresses the modification of premises issue. Attached is a Fee Schedule
from the State of Colorado Liquor Enforcement Division. Both local & state fees related to liquor.
licensing are outlined. The proposed ordinance includes a fee of $500 for the application of a
modification of premises. This fee is consistent with the $500 assessed for a change of ownership
or change in location in Avon's code and the State fees for those related applications. It is. not
consistent with the State's fee schedule for the modification of premises application, which reflects a
State fee of $150 and no fee for the local authority. After some discussion with John Dunn, it is
thought that the $500 is excessive for this type of application and the Town should assess the. same
fee as that of the State of Colorado, based on the philosophy that the Town should recover some of
the costs involved in reviewing and setting a public hearing on these type of applications, i.e. public
notice requirements.
Financial Implications:
There are both state & local fees associated with liquor licensing applications.
Town Manager Comments:
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Attachments: v
✓ State of Colorado Liquor Licensing Fee Schedule
✓ Memo & attachments submitted by Town attorney at First Reading
✓ Proposed Ordinance
~ MPAA0
~_Lvlt ill~ Er&
Schedule
Effective January 1, 2005
State Administrative andLegal Fees
Subpoena Testimony - $200.00 for first 4 hours of appearance or on-call or travel time
to court and mileage, meals, and lodging at state employee per-diem rates. Actual hourly
rate for all hours in excess of four (4).
Copy Cost - $1.25 per page.
License Type and Fees
Located In
Local Fee.
State Fee
Application Fee for New license
City or County
$500.00
$825.00
Application fee for New License with
City or County
$500.00
$925.00
Concurrent review
Application fee Transfer of Ownership
City or County
$500.00
$825.00
Application for Transfer of ownership
City or County
$500.00
$925.00
with Concurrent review
Art License
city or County
$41.25.
$308.75
Beer & Wine License
City
$48.75
$351.25
Beer & Wine License
County
$63.75
$436.25
Brew-Pub License
City or County
$75.00
$750.00
Club License
City.or County
$41.25
$308.75
Hotel.& Restaurant License
City or County
$75.00
$500.00
Hotel & Restaurant License with
City or County
$75.00
$500.00
optional premises
Liquor licensed Drugstore
City
$22.50
$227.50
Liquor licensed Drugstore
County
$37.50
.$312.50
Optional Premises License
City or County
$75.00
$500.00
Racetrack License
City or County
$75.00
$500.00
Resort Complex License
City or County
$75.00.
$500.00
Retail Gaming Tavern License
City or County
.$75.00,
$500.00
Retail Liquor Store License
City
$22.50
$227.50
Retail Liquor Store License
County
$37.50
$312.50
Tavern License
City or County
$75.00
$500.00
Related Fees and Permits
Located In
Local Fee
State Fee
Addition of related facility Permits to
City or County
$0
$75.00
existing Resort Complex License (each)
-
Annual Renewal application fee
City or County
$50.00
$0
Bed & Breakfast Permits
City or County
$25.00
$50.00
Branch Warehouse or Warehouse
City or County
$0
$100.00
Storage Permit
Related Fees and Permits
Located In
Local Fee
State Fee
Change of Location
City or County
$500.00
$150.00
Change of Trade name/
City or County
$0
$50.00
Corporate name
L
Related Fees and Permits Located In Local Fee State Fee
Corp/LLC Change (per person) City or County $100.00 $100.00
may be charged for background
investigation by local OR state
(not both) non Master File only
Delivery. Permit - Liquor Store or City or County $0 $0
3.2% On & Off
Duplicate License City or County $0 $50.00
Expansion-add Optional Premises City or County $0 $100.00
to existing Hotel and Restaurant
Hotel/Tavern Manager's Registration City or County $75.00 $75.00
Late Renewal Application Fee City or County $500.00 $0
Master file-State issued City or County $0 $25.00 per
location
(Max. $1000.00
and $250.00 per
person) .
Mini Bar Permit (No OAP contribution) City or County $325.00 $0
with Hotel/Restaurant license
Modification of Premises City or County $0 $150.00
Retail Warehouse Storage Permit City or County $0 $100.00
Special Events Permit (Liquor) City or County $25.00 $25.00
Special Events Permit (3.2%) City or County $10.00 $10.00
Temporary Permit City or County $100.00 $0
Out-of-State Shipping Per mit Ctiy or County $0 $50.00
(Wine Shipment Permit)
3.2% Beer Licensee Fees Located In Local Fee State Fee
Retail 3.2% Beer On Premises City. $3.75 $96.25 .
Retail 3.2% Beer On Premises County $7.50 $117.50
Retail 3.2% Beer Off Premises City $3.75 $96.25
Retail 3.2% Beer Off Premises County $7.50 $117.50
Retail 3.2% Beer On/Off Premises City $3.75 $96.25
Retail 3.2% Beer On/Off Premises County $7.50. $117.50
MEMORANDUM
TO: TOWN COUNCIL ACTING AS THE LIQUOR. LICENSING
AUTHORITY
FROM: TOWN ATTORNEY
RE: RULES GOVERNING NEW LICENSES AND
MODIFICATION OF PREMISES
DATE: March 14, 2005
At the hearing on the application of VHF, LLC dba Fine Wines of Vail Valley, two
issues were raised. The first issue was the question whether a future expansion of the premises
would require a public hearing and a new determination of requirements of the neighborhood and
desires of the inhabitants. You were advised that a Department of Revenue regulation requires a
reassessment of those'issues but that the Town's liquor licensing ordinance has no similar provision
and no requirement of a public hearing. Based on that information, you directed that the licensing
ordinance be amended to add both.
The second issue was the relationship of the requirement of the statute. that the
requirements of the neighborhood be determined with the statute defining an undue concentration
of licenses to be a situation requiring the use of additional law enforcement resources. While no
direction was given, I did review.the applicable Department of Revenue regulation and concluded it
would be advisable to incorporate the regulation into the Town's ordinance to the extent it is
applicable.
. An ordinance doing both is on the Council agenda. I have also included with this
memorandum a copy of the ordinance showing the changes, as well as copies of the two
Department of Revenue regulations. Sections 1 and 4 of the ordinance include applications for
modification of existing premises as applications requiring a public hearing, and Section 4 requires
consideration of requirements of the neighborhood and desires of the inhabitants. Section 2 is an
attempt to distill the Department of Revenue regulation on undue concentration and make it
specifically applicable to the Town of Avon. As you can see, the amendment allows you (but does
not require you) to compare the ratio of licenses to population in the Town and in the county.
JWD:ipse
Colorado Department of Revenue
Page! of -2
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Regulation 47-302. Changing, Altering, or Modifying Licensed Premises.
;ale
A
Aft
.
er issuance of a license, the licensee shall make no physical change,
alteration or modification of the licensed premises which materially or
Main Gategories
substantially alters the licensed premises or the usage of the licensed premises
Brand Registration
from the plans and specifications submitted at the time of obtaining the original
Bringing Liquor Stock in
license without the prior written consent of the local and state licensing
Colorado
authorities. For purposes of this regulation, physical changes, alterations or
Enforcement Summaries
modifications of the licensed premises, or in the usage of the premises requiring
Master File Licenses
prior written consent, shall include, but not be limited to, the following:
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Opinions and Position
1. Any increase or decrease in the total size or capacity of the licensed
Statements
premises.
Responsible Vendors
T
2. The sealing off, creation of or relocation of a common entryway
doorwa
obacco Enforcement
Program
,
y,
passage or other such means of public ingress and/or egress, when such
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common entryway, doorway or passage alters or changes the sale or
distribution of alcohol beverages within the licensed premises..
Alcohol/Tobacco Tax &
Trade Bureau
3. Any substantial or material enlargement of a bar, or relocation of a bar
or
Fee Schedule
,
addition of a separate bar.
Forms
Laws and Rules
4. Any material change in the interior of the premises that would affect the basic
Licenses and Permits
character of the premises or the physical structure that existed in the plan on
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file with the latest prior application. The foregoing shall not apply to painting and
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redecorating of premises; the installation or replacement of electric fixtures or
Pamphlets
equipment; the lowering of ceiling; the installation and replacement of floor
Statistics
coverings; the replacement of furniture and equipment, and other similar
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changes, nor to any non structural remodeling of a fermented malt beverage
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licensee's premises where the remodel does not expand the existing area
designed for the display or sale of fermented malt beverage products.
Internal Revenue Service
Labor and Employment
B. In making its decision with respect to any proposed changes, alterations or
Local Governments
modifications, the licensing authority must consider whether the premises, as
Property and Taxation
changed, altered or modified, will meet all of the pertinent requirements of the
Secretary of State
Colorado Liquor or Beer codes and the Regulations promulgated thereunder.
Factors to be taken into account by the licensing authority include, by way of
State Telephone Directory
illustration but not limited to, the following:
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1. The reasonable requirements of the neighborhood and the desires of the
• Text-Friendly Version
adult inhabitants.
2. The possession, by the licensee, of the changed premises by ownership,
lease, rental or other arrangement.
hap/www. revenue.state.co.us/liquor_dir/wrap.asp?incl=colregcode/47302
3/1?/2005
'Clola `a o Division of e_iquior T obacco Enforceme
David F. Dechant, Senior. Director Matt D. Cook, Division Director
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Colorado Department of Revenue Page 2 of 2
3. Compliance with the applicable zoning laws of the' municipality, city and
county or county.
4. Compliance with the distance prohibition in regard to any public or parochial
school or the principal campus of any college, university, or seminary.
5. The legislative declaration that the Colorado Liquor and Beer Codes are an
exercise of the police powers of the state for the protection of the economic and
social welfare and the health, peace, and morals of the people of this state.
C. If permission to change, alter or modify the licensed premises is denied, the
licensing authority shall give notice in writing and shall state grounds upon
which the application was denied. The licensee shall be entitled to a hearing on
the denial if a request in writing is made to the licensing authority within fifteen
days after the date of notice.
D. This regulation shall not be applicable to the holder of a manufacturer's
license as specifically defined in C.R.S. 12-47-402.
1
{
David F. Dechant, Senior Director
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,r, ...'u (iC:;. Guluiz. iu Departr r=n1 F<r..,+ ,i
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http:i/ww•w.revenue.state.co.us/liquor_dir/wrap.asp?incl=colregcode/47302
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C0nlci
Main Categories
Brand Registration
Bringing Liquor Stock in
Colorado
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Statements
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Tobacco Enforcement
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Aicohol,'Tobacco Tax &
Trade Bureau
Fee Schedule
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Licenses and Permits
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Local Governments
Regulation 47-301. Undue Concenteation of licenses.
Page 1 of 2
A. For purposes of determining if the issuance of a new tavern or retail liquor
store license would result in or add to an undue concentration of the same class
of license and, as a result, require the use of additional law enforcement
resources, the state or local licensing authority may consider factors, including,
but not limited to:
1. Whether the ratio of the number of tavern or retail liquor store licenses within
the county's of the neighborhood to be served where application has been
made to the county's population exceeds the ratio of the statewide number of
licenses of the same class to the state population;
2. Whether the ratio of the number of tavern or retail liquor store licenses within
the census tract or census division in the neighborhood in which the applicant
premises are located to the population of the census tract or division exceeds
the ratio of number of licenses of the same class in the county or municipality to
the population of the county or municipality where application has been made;
3. The distance between the applicant premises and the premises of other
holders of the same class of license;
4. Published data concerning the concentration of tavern or retail liquor store
licenses and its effect on the need for law enforcement resources; and
5. Testimony concerning the use of law enforcement resources by law
enforcement officials with the responsibility for enforcing state or local law in the
area in which the applicant premises are located.
B. For purposes of this regulation:
1. The number of tavern and retail liquor store licenses within a given area shall
be as published by the state licensing authority; .
Property and Taxation
2. The population shall be the estimate published by the most recent United
Secretary of State
States decennial or special census (for state, census tract
and census division
State Telephone Directory
,
data) or the most recent estimates published by the Department of Local Affairs
(for county and municipal data).
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3. "Neighborhood" shall be that area as required pursuant to 12-47-312(2)(a)
C.R.S.
http://www.reventie.state.co.u
s/ liquot•_dir!wrap.asp?incl=colrcgcode/47301 3/1.2/2005
'fir ceraea,4.
David F. Dechant, Senior Director Matt D. Cook, Division Director
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ORDINANCE NO.05_ _
AN. ORDINANCE AMENDING CHAPTER 5.08, MUNICIPAL
CODE OF THE TOWN. OF AVON, AS IT RELATES TO THE
MODIFICATION OF LICENSED PREMISES AND'UNDUE
CONCENTRATION OF LICENSES
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Amendment. Subsection (b) of Section 5.08.070, Chapter 5.08 of
Title 5,- Avon Municipal Code, is amended to provide as follows:
(b) The burden of proof in an application for'. a new license, for the
modification of licensed premises or for the transfer. of an existing license shall be
upon the applicant. The burden of proof in any proceeding to revoke or suspend a
license shall be upon the Town or the party seeking revocation or suspension. In
a renewal hearing there shall ;be no presumption or burden of proof, unless and
until such time as some unfavorable testimony or exhibit is received, at which
point the burden shall become that of the licensee to demonstrate by a
preponderance of the evidence that the license should be renewed. Meetings and
hearings of the Local Licensing Authority may be adjourned or continued to such
other times as may be suitable and reasonably convenient for the parties involved.
Section 2. Amendment. Section 5.08.130, Chapter 5.08 of Title 5, Avon
Municipal Code, is amended by the addition of a new Subsection (c) to provide as follows:
(c) For purpose of determining if the issuance of a new tavern or retail.
liquor store license would result in or add to an undue concentration of the same
class of license and, as a result, require the use of additional law enforcement
resources, the Local Liquor Licensing Authority may consider factors including
but not limited to:
. (1) The ratio of the number of tavern or retail liquor store licenses
in the Town of Avon to the population of the Town of Avon compared to
the ratio of the number of tavern or retail liquor store licenses in Eagle
County to the population of Eagle Count
(2) The distance between the premises of the applicant and the
premises of other holders of the same class of license.
(3) Published,data concerning the concentration of tavern or liquor
store licenses and its effect on the need for law enforcement resources; and
(4) Testimony concerniniz the use of law enforcement resources by
law enforcement officials with the responsibility for law enforcement in
the Town of Avon.
Section 3. Amendment. Subsections (c) and (d) of Section 5:08.130, Chapter
5.08 of Title 5, Avon Municipal Code, are relettered to be Subsections (d) and (e).
Section 4. Amendment. Section 5.08.150, Chapter 5.08 of Title 5, Avon
Municipal Code, is renamed Modification of licensed premises and changes in location,
ownership or manager and Subsection (a) is amended to provide as follows:
(a) To achieve a modification of licensed premises or a change in the
location of a licensed outlet, the applicant shall submit all forms and material
required by the State Liquor Enforcement Division, a fee to the Town of five
hundred dollars ($500.00) for actual and necessary expenses incurred in
connection with processing the application, and any additional materials as
reasonably required by the Town Attorney, Town Clerk or Police Chief, as well
as any information, testimony or documents required by the Local Liquor
Licensing Authority. In making its decision with respect to a modification of
licensed premises or a change in the location of a licensed outlet the Local Liquor
Licensing Authority shall take into consideration the reasonable requirements of
the neighborhood and the desires of adult inhabitants
. INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 22nd day of March, 2005, and a public hearing on this ordinance shall
be held at the regular meeting of the Town Council on the 12th day of April, 2005, at 5:30 P.M.
in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk