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Home My WebLink About1966- 9 Relating to the Serving and Sale of Alcoholic Liquors and Fermented Malt Beverages and Licensing and Regulations, Creating a LLA4 - , ~ ~ ~ ~ Ordinanc- ~ g, ~ ~ .} Serves of 19bb AN ORDINANCE RELATING TO THE SERVING AND SALE OF ALCO- HOLIC LIQUORS AND FERMENTED A~ALT BEVERAGES A1~TD THE LICEN- SING AND REGULATION THEREOF WITHIN THE TOh'N OF VAIL, CREATING A LOCAL LICENSING AUTHORITY, SETTING FORTH THE MEA4BERSHIP, POIVERS, FUNCTIONS, DUTIES AND RESPONSIBIL- ITIES THEREOF, ESTABLISHING THE STANDARDS, RULES, FEES AND PROCEDURES FOR LICENSIA'C T~~E SERVICING A11'D SALE OF ALCOHOLIC LIQUORS AND FERMENTED D~tALT BEVERAGES Ft'ITIIIN THE TOtit'N OF VAIL. AND PROVIDING PEIv'ALTIFS ~~ITt~f RESPECT THEREOF. BE IT ORDAINED BY Tt~E BOARD OF TRUSTEES OF THE TOWN OF VAIL: SECTION 1. LOCAL LICENSING AUTHORITY The Board of Trustees of the Town of trail here- by creates a lace]. licensing authority for the licensing of locations within the Town of Vail to serve and sell alcoholic liquors and fermented malt beverages. The Total licensing authority fox the Town shall be the Board of Trustees, and the members of the Board of Trustees .when serving as the local licensing authority shall serve without pay. SECTION 2. POtiVERS ANA DUTIES The Board of Trustees shall have all powers and responsibilities and sha11 perform all functions and duties prescxibed for it by ordinance and state law and the rules and regulations of the state licensing t. au+t~horit for i._a State of ?'olo~rado. The ,~axd of Ti ;t-~ . Y . ees shall cooperate with the state licensing authority in all respects in exercising its powers, responsibil- ities, functions and duties. SECTION 3. CLASSES OF LICET'SES Applications for new licenses .within the Town of Vail as provided by state law must be made to the Board of Trustees for the fallowing classes of lic- enses in the manner proscribed by ordinance and state law: Classes of Licenses Retail liquor store Liquor licensed dxug stare Beer and wine license Note]. and restaurant license Club license Retail fermented malt beverage license Applications to renew existing licenses must be made to the Board of Trustees in the manner prescribed by ordinance and state law. SFCTiON 4. PROCEDURES The Board of Trustees shall receive all license ~pp1i4$tions, both new and r~-newal applications, and sha11 proceed to consider and take action with respect to such applications in the manner prescribed by state law and the rules and regulations of the state licensing authority. All applications sha11 be filed with the Board of Trustees and shall be in the form and contain such information as prescrii~ed by state law and the rules and regulations of the state licensing authority. ~ ~TION 5. NOTT4ES ~ ~ In all instances :where state law o~ the rules and regulations of the state licensing authority require notice t4 be given of any hearing, rule, regulation, ordinance or other matter and .where the Board of Txust- ees is given the power to determine the manner in which such notice will be given, notice shall be given by the party rec~uirecl to give such notice by posting such notice in the manner prescribed by state law and by the rules and regulations of the state licensing authority. SECTION 6. FEES Every application far a license, whether a new or renewal application, which is filed with the Board of Trustees shall be accompanied t+y the annual license fees prescribed by state law. Each application for a new license, except an application for new fermented malt beverage license, which is filed with the Board of Trustees shall be accompanied by an application fee in the amount of three hundred dollars ($300.00) to cover the actual and necessary exrenses incurred by the board in its investigation of and hearing upon the application, as well as in publishing and posting the required notices prescribed by state law and the rules and regulations of the state licensing authority. The disposition of the fees paid to and collected by the Town hereunder shall be made in accordance with ordinance and state Saw. SECTION 7. TERA1 All licenses herein provided, except fermented e ~ ~ ~ i 4 malt beverage .:erases, sh. b~ ranted fc ~ Pa period 1 ! of one calendar year, or portion thereof remaining at the time of making application for said license, but where application is made for a portion of such calendar year, there shall b~ na reduction of t~e license fees because of that fact. A11 licenses, except fermented malt beverage ficens~s, ~hal1 expire December thirty first of the year for which issued and application for the ~'enewal of licenses shall be made can or before the first day of December of each year. No xebate shall be paid by the Town of any alcoholic liyuvr or fermented malt beverage license fee theretofore paid for any such license issued by it, except upon affirmative action by the Roard of Trustees rebating a proportionate amount of such license fee. Ail fermented malt beverage licenses herein provided shall be granted far a period of one year Commencing on the dates upon which such licenses are granted and terminatin8 on the one year anniversary dates thereof. SECTION 8. PENALTIES Any natural person, partnership, association, company, corporation, organization or manager, agent, servant, officer or employee or any of them charged with and found. guilty of violating any provision of this mare ordinance shall be punished by a fine of not K than three hundred ($30Q.U0), provided that each day upon which a violation of any provision of this ordinance shall occur shall be considered a separ~ate~~ and distinct offense. . ~ ~~ j ~ ~ i I R SECTION 9. EMERGENCY The Board of Trustees hereby finds, determines and declares that an emergency exists and this ordinance is necessary to the immediate preservation of the public health and safety because of the unique nature of alcoholic liquors and fermented malt beverages and the control thereof. SECTION 10. EFFECTIVE DATE This ordinance shall be in fu11 farce and effect within five days after its approval by the Board of Trustees and final publication as prescribed by law. SECTION ll. SAFETY CLAUSE The Board of Trustees hereby finds, determines, and declares that this ordinance is necessary and proper to provide for the safety, pxeserve the health, promote the prosperity, improve the morals, order, comfort and convenience of the Town of Vail and the inhabitants thereof. SECTION 12. SEVERABILITY It is the intention of the Board of Trustees that this ordinance or any part or provision thereof, shall be considered severable and, if any provision of this ordinance or the applica- tion thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision ox application, and to this end the provisions of this ordinance are declared to be severable, i Finally passed, adopted and approved on this o~/s J~ day of .~~d ~~ ~ 196 APPROVEDr , ,~ .. C~. ~ ~~'~~-~ --~ ~---~- ... ~ ~:C~ f ~ Mayor . - ~ ATTEST: 4=''~ ~... "~ Town Recorder SEAL)