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HomeMy WebLinkAbout2023-08PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 8, Series of 2023, first Reading, on the Town of Vail's web site, www.vailgov.com, on the 19t" of April 2023. Witness my hand and seal this 19t" day of April 2023. Stephanie Bibbens Town Clerk ORDINANCE NO. 8 SERIES 2023 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL AMENDING SECTION 4-2-4 OF THE VAIL TOWN CODE TO PERMIT ALCOHOLIC BEVERAGE TASTINGS AT FERMENTED MALT BEVERAGE AND WINE RETAILERS WHEREAS, C.R.S. § 44-3-301(10) previously authorized a local licensing authority to receive and approve applications for tastings by a retail liquor store or a liquor - licensed drugstore, or to prohibit tastings altogether; WHEREAS, on March 1, 2023, Proposition 125 amended the above -mentioned statutory section to add fermented malt beverages and wine retailers to the list of licensees that are permitted to conduct tastings; and WHEREAS, the Town now desires to amend the Vail Town Code to include fermented malt beverage and wine retailers as licensees that may apply for tastings. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 4-2-4 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 4-2-4: TASTINGS: Pursuant to C.R.S. § 44-3-301(10), as amended, the Town hereby authorizes alcoholic beverage tastings for licensed retail liquor stores, liquor licensed drugstores and fermented malt beverage and wine retailers in the Town, subject to the limitations in C.R.S. § 44-3-301(10), and subject to the approval by the Local Licensing Authority of a tastings permit application in a form approved by the Town Clerk. 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 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 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 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 4/28/2023 II FILESERVER20191 REDIRECTED$1 SBIBBENSIDESKTOPI TA STINGS-0040523. DOCX 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 18th day of April, 2023 and a public hearing for second reading of this Ordinance set for the 2nd day of May, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of May, 2023. Kim Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk 2 4/28/2023 II FILESERVER20191 REDI RECTED$1 SBIBBENSI DESKTOPI TASTINGS-0040523. DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 8, Series of 2023, Second Reading, on the Town of Vail's web site, w",w.vailaov.com, on the 3rd day of May 2023. Witness my hand and seal this 3rd day of May 2023. Stephanie Bibbens Town Clerk ORDINANCE NO. 8 SERIES 2023 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL AMENDING SECTION 4-2-4 OF THE VAIL TOWN CODE TO PERMIT ALCOHOLIC BEVERAGE TASTINGS AT FERMENTED MALT BEVERAGE AND WINE RETAILERS WHEREAS, C.R.S. § 44-3-301(10) previously authorized a local licensing authority to receive and approve applications for tastings by a retail liquor store or a liquor - licensed drugstore, or to prohibit tastings altogether; WHEREAS, on March 1, 2023, Proposition 125 amended the above -mentioned statutory section to add fermented malt beverages and wine retailers to the list of licensees that are permitted to conduct tastings; and WHEREAS, the Town now desires to amend the Vail Town Code to include fermented malt beverage and wine retailers as licensees that may apply for tastings. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 4-2-4 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 4-2-4: TASTINGS: Pursuant to C.R.S. § 44-3-301(10), as amended, the Town hereby authorizes alcoholic beverage tastings for licensed retail liquor stores, liquor licensed drugstores and fermented malt beverage and wine retailers in the Town, subject to the limitations in C.R.S. § 44-3-301(10), and subject to the approval by the Local Licensing Authority of a tastings permit application in a form approved by the Town Clerk. 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 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 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 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 4/28/2023 C:IUSERSIEASYPD-11APPDATAILOCALITEMPIBCL TECHNOLOGIESIEASYPDF 81@BCL@A409D5CBI@BCL@A409D5CB.DOCX 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 18th day of April, 2023 and a public hearing for second reading of this Ordinance set for the 2nd day of May, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of May, 2023. ATTEST: Stephanie Bibbens, Town Clerk Kim Langmaid, Mayor 2 4/28/2023 C:IUSERSIEASYPD-11APPDATAILOCALITEMPIBCL TECHNOLOGIESIEASYPDF 81@BCL@A409D5CBI@BCL@A409D5CB.DOCX