HomeMy WebLinkAbout2022-05PROOF OF PUBLICATION
STATE OF COLORADO
COUNTY OF EAGLE
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 5, Series
of 2022, First Reading, on the Town of Vail's web site, www.vailgov.com, on the
7t" day of April 2022.
Witness my hand and seal this 7t" day of April 2022.
Stephanie Bibbens
Deputy Town Clerk
ORDINANCE NO. 5
SERIES 2022
AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE VAIL
TOWN CODE RELATING TO ALCOHOLIC BEVERAGES, TO REFLECT
CHANGES IN STATE LAW
WHEREAS, the Colorado General Assembly recently passed, and the Governor
recently signed into law, House Bill 18-1023 and House Bill 18-1025, which will move
sections of Title 12 of Colorado Revised States into a new Title 44, effective October 1,
2018; and
WHEREAS the Town Council wishes to update the Vail Town Code accordingly.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 3-5-2 of the Vail Town Code is hereby amended as follows:
3-5-2: LOCAL AUTHORITY DESIGNATED:
Pursuant to the provisions of Colorado Revised Statutes seGt+e„ 12 46
`,seetiOR 12-47 10 (g) C.R.S. U 44-4-103(4), 44-3-103(27), and the
Town Charter § 8.6, there is designated a Local Licensing Authority of the
Town (the "Authority"), a commission composed of five members appointed
by the Town Council, for the licensing of locations within the town to sell
alcoholic liquors and fermented malt beverages and for the local
administration of the Colorado Liquor Code ofez and the Colorado Beer
Code Fermented Malt Beverages nG+, in accordance with said statutes.
Section 2. Section 3-5-8 of the Vail Town Code is hereby amended as follows:
3-5-8: CONDUCT OF PROCEEDINGS AND HEARINGS:
The L OGal L iGensinr. Authority shall conduct its proceedings in accordance
with the provisions of the Colorado Liquor Code ofv� and the Colorado
Beer Code Fermented Malt Beverages AGt. In order to ensure due process
of law the' OGal inoncip Authority shall conduct its hearings and make its
determinations as nearly as practicable in accordance with the procedures
set forth in Colorado Revised F�atutss seGt2on C.R.S. § 24-4-105, as
amended. Written records of its proceedings shall be maintained, which
shall be open to public inspection.
Section 3. Section 4-2-1 of the Vail Town Code is hereby repealed in its entirety.
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Section 4. Section 4-2-2 of the Vail Town Code is hereby amended as follows:
4-2-2: STANDARDS FOR ISSUANCE OF OPTIONAL PREMISES
LICENSE:
The following standards for the issuance of optional premises licenses or
for optional premises for a hotel and restaurant license are hereby adopted
pursuant to the PFOVOSOORS of Colorado Revi d Vtatutes seGtOOR 12-47
1855 C.R.S. $ 44-3-310, as amended.
B. Eligible Facilities:
1. An optional premises may only be approved when that
premises is located on or adjacent to an 'outdoor sports and recreational
facility" as defined in Colorado Revised V.atut86 SeGt+on 12 '1.7177
C.R.S. $ 44-3-103(33)(b), as amended. The types of outdoor sports and
recreational facilities which may be considered for an outdoor premises
license include the following:
a. Country club.
b. Golf courses and driving ranges.
C. Ice skating areas.
d. Ski areas.
e. Swimming pools.
E. Advanced Notification. Pursuant to Colorado Revised Satut--s
seG#on 12A7 135(6) and (" C.R.S. -� 44-3-310(3) and (4), as amended, no
alcoholic beverages may be served on the optional premises until the
licensee has provided written notice to the state and local licensing
authorities forty eight (48) hours prior to serving alcoholic beverages on the
optional premises. Such notice must contain the specific days and hours on
which the optional premises are to be used. In Chic regaFd, +herwith no
limitation on the number of days which a licensee may specify in each
notice. However, no notice may specify any date of use which is more than
one hundred eighty (180) days from the notice date.
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Section 5. Section 4-2-3.A of the Vail Town Code is hereby amended as follows:
4-2-3: TEMPORARY PERMITS:
A. Statutory Authority °i therizati ^ This Section is enacted in
accordance with Colorado Revised chutes see oons 12 46 100.5 add 12
47 106.5 C.R.S. � 44-3-303 which authorize a local licensing authority, at
its discretion, to issue a temporary permit to a transferee of a fermented
malt beverage license or a liquor license issued by the state licensing
authority.
Section 6. Section 4-2-4 of the Vail Town Code is hereby amended as follows:
4-2-4: BED AND BREAKFAST PERMIT:
A. Statutory Authority. This Section is enacted in accordance with
RevisedColorado Satutss s^^+�= 47 r 18.5 C.R.S. -� 44-3-412, as
amended, which authorizes a Local Licensing Authority, at its option, to
issue a bed and breakfast permit to a person operating a bed and breakfast
establishment.
E. Cancellation. A bed and breakfast permit may be suspended or
revoked in accordance with Colorado Revised Etatutessection 12 17-110
C.R.S.. 44-3-412, as amended, if the permittee violates any provision of
RevisedColerado S�atutss art;Gl^ 47 C.R.S. Title 44 Article 3, or any rule
adopted pursuant to said Colorado Revised V.atutes artiGle 47 C.R.S. Title
44 Article 3, or fails truthfully to furnish any required information in
connection with a permit application.
Section 7. Section 4-2-5 of the Vail Town Code is hereby amended as follows:
4-2-5: ALCOHOLIC BEVERAGE TASTINGS:
Pursuant to section 12 17-301 ( 0)(a)Celora d^ Revised Vatutes C.R.S.
44-3-30100 a , the Town hereby authorizes alcoholic beverage tastings at
licensed retail liquor stores and liquor licensed drugstores in the Town,
subject to the limitations contained in sect+ n 17-47-301(10) Colorado
Revised S;Iatutes C.R.S. -� 44-3-30100), and subject to the approval by the
local licensing authority of a tastings permit.
Section 8. Section 4-2-6 of the Vail Town Code is hereby amended as follows:
4-2-6: SPECIAL EVENT PERMITS:
A. Pursuant to Colorado Revffised Statutes seEt+on 12 1 E 197(5)(a)
C.R.S. -� 44-5-107(5)(a), the I^^a""Gensin^ authority °Authority" elects not
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to notify the state licensing authority to obtain the state licensing authority's
approval or disapproval of applications for special event permits.
C. Upon receipt of an application for a special event permit, the
Authority shall, as required by Colorado Revised V.ntutes seG#on 12A3-
107(5)(G) C.R.S. & 44-5-107(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 previsions of Gelerade Revi d Statutes
seEt+on 12 '18 19-5{33 C.R.S. & 44-5-105(3), which restricts the number of
permits issued to an organization within a calendar year to fifteen (15),
before approving any application.
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 d V.QtutSS 68G+""' 12 1V 197 2) C.R.S.
44-5-107(2) (c) .
Section 9. Section 5-13-7.B. of the Vail Town Code is hereby amended as
follows:
5-13-7: EXEMPTIONS:
B. A retail liquor store, as defined in Colorado Revised Jatut86 68GtIon
12 47_103(3 ) C.R.S. $ 44-3-103(48), may provide a disposable paper bag
to a customer with no fee if the disposable paper bag is provided for the
containment of carry out alcoholic beverages as defined in Gelerade
Revised S;'.0tUt8sGtion 12 17-103(2) C.R.S. & 44-3-103(21.
Section 10. Section 6-3C-4.A. of the Vail Town Code is hereby amended as
follows:
6-3C-4: DRINKING IN PUBLIC:
A. Prohibited: It is unlawful for any person to drink any malt, vinous, or
spirituous liquors upon any street, alley, sidewalk, public building or public
parking lot in the Town or within any vehicle upon the streets, alleys,
sidewalks or public parking lots in the Town except by written authorization
of the Town Council. It is unlawful for any person to possess in or upon any
street, alley, sidewalk, public building or public parking lot in the Town, any
malt, vinous, or spirituous liquors in any container of any kind or description
which is not sealed or upon which the seal is broken. The word "sealed"
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means the regular seal applied by the United States government over the
cap of all malt, vinous or spirituous liquors. Notwithstanding the foregoing,
it is sbe4 not be unlawful for any person to have in his orh their possession
or under h,,,s per their control one open container of vinous liquor removed
from a licensed premises purcmant to and s bjeGt to tho limitations cot forth
in compliance with Colorado Revised Vatut86 S8Gtion 12 '1?-"�5)
C.R.S. & 44-3-423, as amended.
Section 11. Section 6-3C-5.C.1 of the Vail Town Code is hereby amended as
follows:
6-3C-5. SALE OF INTOXICATING LIQUORS:
C. Illegal Possession or Consumption of Liquor By Underage Persons:
1. As used in this subsection, unless the context otherwise
requires:
PRIVATE PROPERTY: Any dwelling and its curtilage which is being used
by a natural person or natural persons for habitation and which is not open
to the public, and privately -owned real property which is not open to the
public. "Private property" shall not include:
a. Any establishment which hoo 9f4s required to have a license
pursuant to d Vtatuts-s C.R.S.
Title 44, Article 3, 4, or 5; or
Section 12. 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 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 13. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 14. The amendment of any provision of the Vail 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.
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Section 15. 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 day of , 2022 and
a public hearing for second reading of this Ordinance is set for the day of
, 2022, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Kim Langmaid, Mayor
ATTEST:
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 2022.
Kim Langmaid, Mayor
ATTEST:
Tammy Nagel, Town Clerk
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PROOF OF PUBLICATION
STATE OF COLORADO
COUNTY OF EAGLE
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 5, Series
of 2022, Second Reading, on the Town of Vail's web site, www.vailqov.com, on
the 20t" day of April 2022.
Witness my hand and seal this 20t" day of April 2022.
Stephanie Bibbens
Deputy Town Clerk
ORDINANCE NO. 5
SERIES 2022
AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE VAIL
TOWN CODE RELATING TO ALCOHOLIC BEVERAGES, TO REFLECT
CHANGES IN STATE LAW
WHEREAS, the Colorado General Assembly recently passed, and the Governor
recently signed into law, House Bill 18-1023 and House Bill 18-1025, which will move
sections of Title 12 of Colorado Revised States into a new Title 44, effective October 1,
2018; and
WHEREAS the Town Council wishes to update the Vail Town Code accordingly.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 3-5-2 of the Vail Town Code is hereby amended as follows:
3-5-2: LOCAL AUTHORITY DESIGNATED:
Pursuant to the provisions of Gelerade Revised Statutes seEt+on 12 �1 a-
103(4) sow+ion 12 17 103(9) C.R.S. &U 44-4-103(4), 44-3-103(27), and t4e
Town Charter § 8.6, there is designated a Local Licensing Authority of the
Town (the "Authority"), a commission composed of five members appointed
by the Town Council, for the licensing of locations within the town to sell
alcoholic liquors and fermented malt beverages and for the local
administration of the Colorado Liquor Code ^fez and the Colorado Beer
Code Fermented Malt Beverages o^+, in accordance with said statutes.
Section 2. Section 3-5-8 of the Vail Town Code is hereby amended as follows:
3-5-8: CONDUCT OF PROCEEDINGS AND HEARINGS:
The L OGal I inoncinn Authority shall conduct its proceedings in accordance
with the provisions of the Colorado Liquor Code of 1 OM and the Colorado
Beer Code Fermented Malt Beverages Gt. In order to ensure due process
of law the L OGal L iGencin_ Authority shall conduct its hearings and make its
determinations as nearly as practicable in accordance with the procedures
set forth in Colorado Revised Statutes seGtC.R.S. -� 24-4-105, as
amended. Written records of its proceedings shall be maintained, which
shall be open to public inspection.
Section 3. Section 4-2-1 of the Vail Town Code is hereby repealed in its entirety.
Ordinance No. 5, Series of 2022
Section 4. Section 4-2-2 of the Vail Town Code is hereby amended as follows:
4-2-2: STANDARDS FOR ISSUANCE OF OPTIONAL PREMISES
LICENSE:
The following standards for the issuance of optional premises licenses or
for optional premises for a hotel and restaurant license are hereby adopted
pursuant to ' d S}atuteS SeGtien 12 47
435.5 C.R.S. -� 44-3-310, as amended.
B. Eligible Facilities:
1. An optional premises may only be approved when that
premises is located on or adjacent to an "outdoor sports and recreational
ad facility" as defined in Gele e RevisedStatutes
^^
tee Section 12 "17-1 n3(13.5) h\
C.R.S. & 44-3-103(33)(b), as amended. The types of outdoor sports and
recreational facilities which may be considered for an outdoor premises
license include the following:
a. Country club.
b. Golf courses and driving ranges.
C. Ice skating areas.
d. Ski areas.
e. Swimming pools.
E. Advanced Notification. Pursuant to Colorado Revosed Statutes
seGtOOR 17-47-135(6) and (7) C.R.S. -� 44-3-310(3) and (4), as amended, no
alcoholic beverages may be served on the optional premises until the
licensee has provided written notice to the state and local licensing
authorities forty eight (48) hours prior to serving alcoholic beverages on the
optional premises. Such notice must contain the specific days and hours on
which the optional premises are to be used —In thic r9gard, +herwith no
limitation on the number of days which a licensee may specify in each
notice. However, no notice may specify any date of use which is more than
one hundred eighty (180) days from the notice date.
Ordinance No. 5, Series of 2022
Section 5. Section 4-2-3.A of the Vail Town Code is hereby amended as follows:
4-2-3: TEMPORARY PERMITS:
A. Statutory Authority Autherizati^r, This Section is enacted in
accordance with Colorado Revosed S-*atut8S SeGtOORS 12-446 1066.5 andd 12
4747�5 C.R.S. _� 44-3-303 which authorize a local licensing authority, at
its discretion, to issue a temporary permit to a transferee of a fermented
malt beverage license or a liquor license issued by the state licensing
authority.
Section 6. Section 4-2-4 of the Vail Town Code is hereby amended as follows:
4-2-4: BED AND BREAKFAST PERMIT:
A. Statutory Authority. This Section is enacted in accordance with
Gelerade d S}atutesseGtion 12 17 11 E.6 C.R.S. _� 44-3-412, as
amended, which authorizes a Local Licensing Authority, at its option, to
issue a bed and breakfast permit to a person operating a bed and breakfast
establishment.
E. Cancellation. A bed and breakfast permit may be suspended or
revoked in accordance with Gelerade Revosed F/�atutoc oeE#+on 12 17-110
C.R.S. _� 44-3-412, as amended, if the permittee violates any provision of
RevisedColorado St3tUteS art"Gle 47 C.R.S. Title 44 Article 3, or any rule
adopted pursuant to said Gelerade Revised Statutes arti"'^ 47 C.R.S. Title
44 Article 3, or fails truthfully to furnish any required information in
connection with a permit application.
Section 7. Section 4-2-5 of the Vail Town Code is hereby amended as follows:
4-2-5: ALCOHOLIC BEVERAGE TASTINGS:
Pursuant to sec4+on 12A d Statutes C.R.S.
44-3-301(10)(a), the Town hereby authorizes alcoholic beverage tastings at
licensed retail liquor stores and liquor licensed drugstores in the Town,
subject to the limitations contained in s -G#on 12 , Colorado
Revised Statutes C.R.S. & 44-3-301(10), and subject to the approval by the
local licensing authority of a tastings permit.
Section 8. Section 4-2-6 of the Vail Town Code is hereby amended as follows:
4-2-6: SPECIAL EVENT PERMITS:
A. Pursuant to r^'^rade Revised Statutes seEtion 12 12 107
C.R.S. � 44-5-107(5)(a), the'^^a"iGeRSin^ a ith^rity CAuthority!� elects not
Ordinance No. 5, Series of 2022
to notify the state licensing authority to obtain the state licensing authority's
approval or disapproval of applications for special event permits.
C. Upon receipt of an application for a special event permit, the
Authority shall, as required by Colorado Revised Statutes SeGti n 12_48
1n�G) C.R.S. & 44-5-107(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 Colorado Revi d Ztatutes
SeGt+en 12 ' E 105(3) C.R.S. -� 44-5-105(3), which restricts the number of
permits issued to an organization within a calendar year to fifteen (15),
before approving any application.
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 Gelerade Revised FJatUteS SeGti R 12_48 107(2 C.R.S.
44-5-107(2) (c) .
Section 9. Section 5-13-7.13. of the Vail Town Code is hereby amended as
follows:
5-13-7: EXEMPTIONS:
B. A retail liquor store, as defined in d StatutesG�n
12-47-103(-3 ` C.R.S. -� 44-3-103(48), may provide a disposable paper bag
to a customer with no fee if the disposable paper bag is provided for the
containment of carry out alcoholic beverages as defined in Colorado
Revisor! Statutes Section 12-17103(2) C.R.S. & 44-3-103(Q.
Section 10. Section 6-3C-4.A. of the Vail Town Code is hereby amended as
follows:
6-3C-4: DRINKING IN PUBLIC:
A. Prohibited: It is unlawful for any person to drink any malt, vinous, or
spirituous liquors upon any street, alley, sidewalk, public building or public
parking lot in the Town or within any vehicle upon the streets, alleys,
sidewalks or public parking lots in the Town except by written authorization
of the Town Council. It is unlawful for any person to possess in or upon any
street, alley, sidewalk, public building or public parking lot in the Town, any
malt, vinous, or spirituous liquors in any container of any kind or description
which is not sealed or upon which the seal is broken. The word "sealed"
Ordinance No. 5, Series of 2022
means the regular seal applied by the United States government over the
cap of all malt, vinous or spirituous liquors. Notwithstanding the foregoing,
it is sbatl not be unlawful for any person to have in his orhe their possession
or under hr"er their control one open container of vinous liquor removed
from a licensed premises pursuant to and s„h,o„+ to the limitations cot fer4h
in compliance with Colorado Revised JatuteS SeGtion 12 ^'-^,,—,-11(3.5)
C.R.S. _� 44-3-423, as amended.
Section 11. Section 6-3C-5.C.1 of the Vail Town Code is hereby amended as
follows:
6-3C-5. SALE OF INTOXICATING LIQUORS:
C. Illegal Possession or Consumption of Liquor By Underage Persons:
1. As used in this subsection, unless the context otherwise
requires:
PRIVATE PROPERTY: Any dwelling and its curtilage which is being used
by a natural person or natural persons for habitation and which is not open
to the public, and privately -owned real property which is not open to the
public. "Private property" shall not include:
a. Any establishment `"'hinh has required to have a license
pursuant to amc;le 46�, ^rvr4v ef title 12, Gelerade Revised ✓fatutaes_ C.R.S.
Title 44, Article 3, 4, or 5; or
Section 12. 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 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 13. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 14. The amendment of any provision of the Vail 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.
Ordinance No. 5, Series of 2022
Section 15. 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 5t" day of April, 2022 and a public
hearing for second reading of this Ordinance is set for the 191" day of April, 2022, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
Kim Langmaid, Mayor
ATTEST:
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 19t" day of April, 2022.
Kim Langmaid, Mayor
ATTEST:
Tammy Nagel, Town Clerk
Ordinance No. 5, Series of 2022