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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—� .