HomeMy WebLinkAbout2011-16 Special Event Liquor Law Modifications 3
ORDINANCE NO. 16
SERIES 2011
AN ORDINANCE AMENDING TITLE 4 CHAPTER 2 OF THE VAIL
TOWN CODE BY THE ADDITION OF A NEW SECTION 4 -2 -6
GOVERNING SPECIAL EVENTS PERMITS
WHEREAS, the Colorado General Assembly has adopted Senate Bill 11 -066,
which takes effect August 10, 2011, and which allows local licensing authorities to
assume sole authority to approve or deny applications for special event permits to serve
alcohol;
WHEREAS, the Town Council of the Town of Vail wishes to elect local control
over special event permitting as allowed by Senate Bill 11 -066; and
WHEREAS, the Town Council finds and determines that the public health, safety,
and welfare will be served by assuming said local control.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1 . Title 4 of the Vail Town Code is hereby amended by the addition of
a new Section 4 -2 -6, which shall read as follows:
SEC. 3-4 -6. SPECIAL EVENT PERMITS.
A. Pursuant to C.R.S. § 12- 48- 107(5)(a), the local licensing
authority ( "Authority ") elects not to notify the state licensing authority to
obtain the state licensing authority's approval or disapproval of
applications for special event permits.
B. The Authority shall report to the Colorado Liquor
Enforcement Division, within ten (10) days after the Authority issues a
special event permit, the name of the organization to which the permit was
issued, the address of the permitted location, and the permitted dates of
alcohol beverage service.
C. Upon receipt of an application for a special event permit, the
Authority shall, as required by C.R.S. § 12- 48- 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
C.R.S. § 12 -48- 105(3), which restricts the number of permits issued to an
organization within a calendar year to fifteen (15), before approving any
application.
Ordinance No. 16, Series of 2011 1
D. A special event permit may be issued only upon a`
satisfactory showing by an organization or a qualified political candidate
that:
1. Other existing facilities are not available or are
inadequate for the needs of the organization or political candidate;
and
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2. Existing licensed facilities are inadequate for the
purposes of serving members or guests of the organization or
political candidate and that additional facilities are necessary by
reason of the nature of the special event being scheduled; or
3. The organization or political candidate is temporarily
occupying premises other than the regular premises of such
organization or candidate during special events such as civic
E celebrations or county fairs and that members of the general public`
will be served during such special events.
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 C.R.S. § 12 -48- 107(2).
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 of Vail
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. i
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 19 day of July, 2011, and a
Ordinance No. 16, Series of 2011 2
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public hearing for second reading if this Ordinance set for the 2 " day of August, 2011,
at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
O�•N OF V'
�: • •'�� ick Clevela ayor
Z SEAL
Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 2 " day of August, 2011.
'<ON•O'•. Cleveland, M r
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Attest: � SEAL •
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Ordinance No. 16, Series of 2011 3
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