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HomeMy WebLinkAbout2011-16PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 16, Series of 2011, on the Town of Vail's web site, www.vailciov.com, on the 20th day of July, 2011. Witness my hand and seal this+4 day of Sub Li Tapdmy Na—g-bj To eputy Clerk , 2011. ORDINANCE NO. 16 SERIES 2011 AN ORDINANCE AMENDING TITLE 4 CHAPTER 2 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION 4-2-6 GOVERNING SPECIAL EVENTS PERMITS WHEREAS, the Colorado General Assembly has adopted Senate Bill 11-066, which takes effect 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 of the Town of Vail wishes to elect local control over special event permitting as allowed by Senate Bill 11-066; and WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by assuming said local control. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 4 of the Vail Town Code is hereby amended by the addition of a new Section 4-2-6, which shall read as follows: SEC. 3-4-6. SPECIAL EVENT PERMITS. A. Pursuant to C.R.S. § 12-48-107(5)(a), the local licensing authority ("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. B. The Authority shall report to the Colorado Liquor Enforcement Division, within ten (10) days after the Authority issues a special event permit, the name of the organization to which the permit was issued, the address of the permitted location, and the permitted dates of alcohol beverage service. C. Upon receipt of an application for a special event permit, the 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 Authority shall consider compliance with the provisions of C.R.S. § 12-48-105(3), which restricts the number of permits issued to an organization within a calendar year to fifteen (15), before approving any application. Ordinance No. 16, Series of 2011 D. A special event permit may be issued only upon a satisfactory showing by an organization or a qualified political candidate that: 1. Other existing facilities are not available or are inadequate for the needs of the organization or political candidate; and 2. Existing licensed facilities are inadequate for the purposes of serving members or guests of the organization or political candidate and that additional facilities are necessary by reason of the nature of the special event being scheduled; or 3. The organization or political candidate is temporarily occupying premises other than the regular premises of such organization or candidate during special events such as civic celebrations or county fairs and that members of the general public will be served during such special events. E. 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 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of July, 2011, and a Ordinance No. 16, Series of 2011 2 . '0 , , public hearing for second reading if this Ordinance set for the 2nd day of August, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dick Cleveland, Mayor Attest: Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of August, 2011. Attest: Town Clerk Ordinance No. 16, Series of 2011 3 Dick Cleveland, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, affirm that I published in full a true and correct copy of 0 of 2011, on the Town of Vail's web site, www.vailoov.com, on the 3rd day of August, 2011. Witness my hand and seal this day of —A e� Ta y Nage Ton putt' Jerk , 2011. ORDINANCE NO. 16 SERIES 2011 AN ORDINANCE AMENDING TITLE 4 CHAPTER 2 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION 4-2-6 GOVERNING SPECIAL EVENTS PERMITS WHEREAS, the Colorado General Assembly has adopted Senate Bill 11-066, which takes effect 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 of the Town of Vail wishes to elect local control over special event permitting as allowed by Senate Bill 11-066; and WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by assuming said local control. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 4 of the Vail Town Code is hereby amended by the addition of a new Section 4-2-6, which shall read as follows: SEC. 3-4-6. SPECIAL EVENT PERMITS. A. Pursuant to C.R.S. § 12-48-107(5)(a), the local licensing authority ("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. B. The Authority shall report to the Colorado Liquor Enforcement Division, within ten (10) days after the Authority issues a special event permit, the name of the organization to which the permit was issued, the address of the permitted location, and the permitted dates of alcohol beverage service. C. Upon receipt of an application for a special event permit, the 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 Authority shall consider compliance with the provisions of C.R.S. § 12-48-105(3), which restricts the number of permits issued to an organization within a calendar year to fifteen (15), before approving any application. Ordinance No. 16, Series of 2011 D. A special event permit may be issued only upon a satisfactory showing by an organization or a qualified political candidate that: 1. Other existing facilities are not available or are inadequate for the needs of the organization or political candidate; and 2. Existing licensed facilities are inadequate for the purposes of serving members or guests of the organization or political candidate and that additional facilities are necessary by reason of the nature of the special event being scheduled; or 3. The organization or political candidate is temporarily occupying premises other than the regular premises of such organization or candidate during special events such as civic celebrations or county fairs and that members of the general public will be served during such special events. E. 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 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19fh day of July, 2011, and a Ordinance No. 16, Series of 2011 2 public hearing for second reading if this Ordinance set for the 2nd day of August, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dick Cleveland, Mayor Attest: Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of August, 2011. Dick Cleveland, Mayor Attest: Town Clerk Ordinance No. 16, Series of 2011 3