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HomeMy WebLinkAbout2023-13 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 AuthorityORDINANCE 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; 711712023 C:IUSERSIE4SYPD-114PPDATAVLOCALITEMPI3CL TECHNOLOGIESIEASYPDF 81@BCL@4C0807FDWCL®AC0807FD. DOCX 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 reaspn held to be invalid, such decision shall not effect the validity of the remaining portions f this ordirfatice; and the Town Council hereby declares it would have passed this ordioanqla, and each part, section, subsection, sentence, clause or phrase thereof, regardless bf,the fact that any one or more parts, sections, subsections, ti sentences, clauses or ph es be declared invalid. Section 3. The KoWn Council hereby finds, determines and declares that this ordinance is necessary an roper 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 18t" day of July, 2023 and a public hearing for second reading of this Ordinance set for the Is' day of August, 2023, in the Council Chambers of the Vail Municipal Building ail, Colorado. m Lang 'd, a or 3 71171-7023 C:IUSERSIEASYPD 1WPPDATAILOC-4LITEMPIBCL TECHNOLOGIMEASYPDF 80BCL@AC0807FDWCL@AC0807FD. DOCX