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TC Ord. No. 2014-04 Amending Section 5.08.170 of the Municipal Code to Adopt Special Event Permit ProceduresTOWN OF AVON, COLORADO ORDINANCE NO. 14 -04 SERIES OF 2014 AN ORDINANCE AMENDING SECTION 5.08.170 OF THE AVON MUNICIPAL CODE TO ADOPT SPECIAL EVENT PERMIT PROCEDURES WHEREAS, the Colorado General Assembly has adopted Senate Bill 11 -066, effective August 10, 2011, and which allows local licensing authorities to assume sole authority to approve or deny applications for special event permits to serve alcohol; WHEREAS, the Town Council desires to elect local control over special event permitting as allowed by Senate Bill 11 -066; WHEREAS, the Town of Avon has adopted home rule authority and the Avon Town Council finds that the imposition of restitution is a matter of local concern; WHEREAS, it is the Town Council finds that amendment to Section 5.08.170 of the Avon Municipal Code will promote the health, safety and welfare of the Avon community; WHEREAS, the Town Council conducted a public hearing on April 8, 2014 in accordance with Section 6.5 of the Avon Home Rule Charter; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Avon Municipal Code Section 5.08.170. Section 5.08.170 Special events permits - procedure. of the Avon Municipal Code is repealed in its entirety and reenacted to read as follows: 5.08.170 Special events permits — procedure. (a) The procedures and requirements for special events permits in C.R.S. § 12 -48 -101 et. seq. as enacted and elected in this Section 5.08.170 shall apply to special event permit applications. (b) Pursuant to C.R.S. § 12- 48- 107(5)(a), the Local Licensing Authority elects not to notify the state licensing authority to obtain the state licensing authority's approval or disapproval of applications for special event permits. The Local Licensing Authority shall report to the Colorado liquor enforcement division within ten (10) days after issuing a special event permit the following information: (1) the name of the organization to which the permit was issued, (2) Ord 14 -04 Amending Section 5.08.170 Special Event Permits FINAL Adopted April 8, 2014 Page 1 of 3 the address of the permitted location, and (3) the permitted dates of alcohol beverage service. (c) Upon receipt of an application for a special event permit, the Local Licensing Authority shall, as required by C.R.S. § 12- 48- 107(5)(c), access information made available on the state licensing authority's website to determine the statewide permitting activity of the organization applying for the permit. The Local Licensing Authority shall consider compliance with the provisions of C.R.S. § 12- 48- 105(3), which restricts the special event permits issued to any organization to no more than fifteen days in one calendar year, before approving any application. (d) Each application for a special event permit shall be accompanied by an application fee in an amount equal to the maximum local licensing fee established by C.R.S. § 12 -48- 107(2). Section 3. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall Ord 14 -04 Amending Section 5.08.170 Special Event Permits FINAL Adopted April 8, 2014 Page 2 of 3 be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 8. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for April 8, 2014 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on March 25, 2014. Rich Carroll, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least six days prior to final action by the Town Council. 00 a \ Debbie Hoppe, Depu own Clerk AP VED AS TO FO Eric J. HK , own Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on April 8, 2014. Ric arroll, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Q Debbie Hoppe, Depu own Clerk Ord 14 -04 Amending Section 5.08.170 Special Event Permits FINAL Adopted April 8, 2014 Page 3 of 3