HomeMy Public PortalAboutOrdinance 482 Designating Municipal Court to hear Alleged Violations of Alcoholic Beverage Code TOWN OF FRASER
ORDINANCE NO. 482
Series 2021
AN ORDINANCE AMENDING CHAPTER 6 ARTICLE 4 OF THE FRASER MUNICIPAL CODE
REGARDING TO DESIGNATE THE MUNICIPAL COURT AS THE LIQUOR LICENSING
AUTHORITY TO HEAR ALL ALLEGED VIOLATIONS OF THE ALCOHOLIC BEVERAGE
CODE
WHEREAS, the Town Board of Trustees currently serves as the Liquor Licensing Authority
responsible for presiding over violations of the Colorado Liquor Code; and
WHEREAS, the Town Board of Trustees wishes to appoint the Municipal Court to act as the
Liquor Licensing Authority for such violations.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO, AS FOLLOWS:
PART 1: AMENDMENT OF MUNICIPAL CODE
Chapter 6 (Business Licenses and Regulations), Article 4 of the Fraser Municipal Code (herein
sometimes referred to as the "Municipal Code") are hereby amended as follows [Note:
additions are shown in bold underlined print; deletions are shown as strkethrough print]:
ARTICLE 4 —Alcoholic Beverages
Sec . 6-4-10 — Licensing Authority; assistant
(a) The Liquor and Beer Licensing Authority (the "Authority")for the Town shall be-the
Board of Trustees ("Town Board"). As such, the Town Board shall be known as the
" -- - -- - A - - " e - - ' - - -- "A " have (2) divisions as
follows: The Board of Trustees ("Town Board") shall serve as the Authority for all
new liquor license applications, liquor license renewal applications, temporary
permits, special event permits, entertainment district applications, applications for
change of manager, applications for transfer of ownership and applications for
modification of existing liquor licenses; and the Municipal Court shall serve as the
Authority for all disciplinary actions, including the show cause orders and
hearings, suspensions and revocations and other disciplinary actions.
Sec. 6-4-2 Delegation of licensing functions to Town Clerk.
(b) The Town Clerk shall refer any licensing decision authorized under this Section to the
Town-Board Authority if the Town Clerk believes an applicant does not qualify for action
by the Town Clerk as set forth above, or if the Town Clerk believes, in his or her
discretion, that a matter should be presented to the Town-Board Authority.
Sec. 6-4-70 — Disciplinary Actions
j The Municipal Court, as the Authority for all disciplinary actions, may suspend
or revoke a license for violations of this article upon finding that the licensee
has failed to comply with this Article. This Article shall not be deemed to
preclude other civil remedies, including injunctive relief, pending the outcome of
the hearing.
PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser
covering the same matters as embraced in this Ordinance are hereby repealed and all
ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby
repealed; provided, however, that such repeal shall not affect or prevent the prosecution or
punishment of any person for any act done or committed in violation of any ordinance hereby
repealed prior to the taking effect of this Ordinance.
PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect
the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser
hereby declares that it would have adopted this Ordinance, and each section, subsection,
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases thereof be declared invalid or unconstitutional.
PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage,
adoption and publication thereof as provided by law.
PART 5: PUBLICATION. This Ordinance shall be published by title only.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES
AND SIGNED THIS 1 DAY OF _f- ~ , 2021.
Votes in favor: 5 BOARD OF TRUSTEES OF THE
Votes opposed: a2 TN OF I iRASER, COLORAD
Votes abstained: p
BY: - , /
Philip Vandernail, Mayor
(-\\--\A 0 F S� ATTEST:
E
( tAL
__ L_ . !._ , r
COCORAOO Antoinette McVeigh, own Clerk l
Published in the Middle Park Times on 'S �Od—� .