HomeMy WebLinkAbout2023-13PROOF 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. 13, Series
of 2023, First Reading, on the Town of Vail's web site, www.vailgov.com, on the
19t" day of July 2023.
Witness my hand and seal this 19t" day of July 2023.
Stephanie Bibbens
Town Clerk
ORDINANCE NO. 13
SERIES 2023
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO AMENDING CHAPTER 2 OF TITLE 4 OF THE VAIL TOWN
CODE, REGARDING ALCOHOLIC BEVERAGES AND THE LOCAL
LICENSING AUTHORITY
NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. Chapter 2 of Title 4 of the Vail Town Code is hereby amended by the
addition of the following new Sections 4-2-8 and 4-2-9:
§ 4-2-8 DUTIES OF TOWN CLERK.
(A) The Town Clerk shall receive all applications for licenses and shall
issue all licenses granted by the Local Licensing Authority upon payment of
fees required and upon approval of the State Licensing Authority.
(B) The Town Clerk shall serve as the secretary of the Local Licensing
Authority, and shall provide the necessary notice of meetings and keep the
electronic recordings of all meetings.
(C) The Town Clerk is authorized to administratively approve the
following applications:
(1) Temporary permit during the time in which a transfer
application is pending;
(2) Modification to premises;
(3) Takeout or delivery permit;
(4) Open container or private event permit;
(5) Communal outdoor dining area application; and
(6) Festival permit.
(D) If there have been no violations of the Colorado Liquor or Beer Code,
or any other applicable Town ordinance, during the preceding year, and
there is no other derogatory information regarding the licensee, its partners,
officers, directors, managers, or shareholders, then the Town Clerk may
administratively approve the following applications:
(1) Renewal;
(2) Transfer of ownership;
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(3) Change of corporate status;
(4) Change of location;
(5) Merger and conversion of retail liquor store licenses into a
single liquor -licensed drugstore license;
(6) Manager registration or change of manager; and
(7) Change of trade name.
(E) The Town Clerk is also authorized to administratively approve an
application for a special event permit pursuant to C.R.S. § 44-5-101, et seq.,
provided that the following conditions are satisfied, and further provided that
the Town Clerk may refer any special event permit application to the
Authority in the Town Clerk's sole discretion:
(1) The event is a repeat of an event for which the applicant has
previously received approval from the authority in the past 12 months;
(2) The applicant has no pending liquor licensing violations, and
has had no liquor licensing violations within the preceding year; and
(3) No person has filed a written objection to said permit.
§ 4-2-9 HEARING OFFICER
(A) The Local Licensing Authority may, at the Town Council's discretion,
consist of a sole hearing officer who shall serve at the pleasure of the Town
Council.
(B) The hearing officer shall be appointed by the Town Council and may
be removed with or without cause by a majority vote of the Town Council.
The Town Council shall establish the hearing officer's compensation.
(C) The hearing officer shall be an individual over the age of 21 years
and with sufficient knowledge and expertise to apply and enforce the State
of Colorado Beer Code, Liquor Code, Special Events Code, and related
Code of Regulations. The hearing officer shall not hold any other Town
office, appointment or position, except that the Town Council may appoint
the municipal court judge as the hearing officer. Additionally, the hearing
officer shall not have any financial interest in the operation of any business
located or operating in the city that holds a license pursuant to C.R.S. § 44-
4-101, et seq., or C.R.S. § 44-3-101, et seq.
(D) The hearing officer is authorized to adopt rules of procedure and
regulations concerning the application and renewal processes, procedures
2
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for hearings before it, and the presentation of evidence at such hearings,
subject to applicable law.
(E) The term "hearing officer" shall be synonymous with "Local Licensing
Authority" as used throughout this Chapter.
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 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 18th day of July, 2023 and a public
hearing for second reading of this Ordinance set for the 1st day of August, 2023, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
Stephanie Bibbens, Town Clerk
Kim Langmaid, Mayor
3
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READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 1st day of August, 2023.
ATTEST:
Stephanie Bibbens, Town Clerk
Kim Langmaid, Mayor
4
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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. 13, Series
of 2023, Second Reading, on the Town of Vail's web site, www.vailqov.com, on
the 2nd day of August 2023.
Witness my hand and seal this 2nd day of August 2023.
Stephanie Bibbens
Town Clerk
ORDINANCE NO. 13
SERIES 2023
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO AMENDING CHAPTER 2 OF TITLE 4 OF THE VAIL TOWN
CODE, REGARDING ALCOHOLIC BEVERAGES AND THE LOCAL
LICENSING AUTHORITY
NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. Chapter 2 of Title 4 of the Vail Town Code is hereby amended by the
addition of the following new Sections 4-2-8 and 4-2-9:
§ 4-2-8 DUTIES OF TOWN CLERK.
(A) The Town Clerk shall receive all applications for licenses and shall
issue all licenses granted by the Local Licensing Authority upon payment of
fees required and upon approval of the State Licensing Authority.
(B) The Town Clerk shall serve as the secretary of the Local Licensing
Authority, and shall provide the necessary notice of meetings and keep the
electronic recordings of all meetings.
(C) The Town Clerk is authorized to administratively approve the
following applications:
(1) Temporary permit during the time in which a transfer
application is pending;
(2) Modification to premises;
(3) Takeout or delivery permit;
(4) Open container or private event permit;
(5) Communal outdoor dining area application; and
(6) Festival permit.
(D) If there have been no violations of the Colorado Liquor or Beer Code,
or any other applicable Town ordinance, during the preceding year, and
there is no other derogatory information regarding the licensee, its partners,
officers, directors, managers, or shareholders, then the Town Clerk may
administratively approve the following applications:
(1) Renewal;
(2) Transfer of ownership;
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(3) Change of corporate status;
(4) Change of location;
(5) Merger and conversion of retail liquor store licenses into a
single liquor -licensed drugstore license;
(6) Manager registration or change of manager; and
(7) Change of trade name.
(E) The Town Clerk is also authorized to administratively approve an
application for a special event permit pursuant to C.R.S. § 44-5-101, et seq.,
provided that the following conditions are satisfied, and further provided that
the Town Clerk may refer any special event permit application to the
Authority in the Town Clerk's sole discretion:
(1) The event is a repeat of an event for which the applicant has
previously received approval from the authority in the past 12 months;
(2) The applicant has no pending liquor licensing violations, and
has had no liquor licensing violations within the preceding year; and
(3) No person has filed a written objection to said permit.
§ 4-2-9 HEARING OFFICER
(A) The Local Licensing Authority may, at the Town Council's discretion,
consist of a sole hearing officer who shall serve at the pleasure of the Town
Council.
(B) The hearing officer shall be appointed by the Town Council and may
be removed with or without cause by a majority vote of the Town Council.
The Town Council shall establish the hearing officer's compensation.
(C) The hearing officer shall be an individual over the age of 21 years
and with sufficient knowledge and expertise to apply and enforce the State
of Colorado Beer Code, Liquor Code, Special Events Code, and related
Code of Regulations. The hearing officer shall not hold any other Town
office, appointment or position, except that the Town Council may appoint
the municipal court judge as the hearing officer. Additionally, the hearing
officer shall not have any financial interest in the operation of any business
located or operating in the city that holds a license pursuant to C.R.S. § 44-
4-101, et seq., or C.R.S. § 44-3-101, et seq.
(D) The hearing officer is authorized to adopt rules of procedure and
regulations concerning the application and renewal processes, procedures
2
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for hearings before it, and the presentation of evidence at such hearings,
subject to applicable law.
(E) The term "hearing officer" shall be synonymous with "Local Licensing
Authority" as used throughout this Chapter.
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 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 18th day of July, 2023 and a public
hearing for second reading of this Ordinance set for the 1st day of August, 2023, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
Stephanie Bibbens, Town Clerk
Kim Langmaid, Mayor
3
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READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 1st day of August, 2023.
ATTEST:
Stephanie Bibbens, Town Clerk
Kim Langmaid, Mayor
4
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