HomeMy Public PortalAboutOrdinance 502 Amending Chapter 6 Article 4 Regarding Alcoholic BeveragesTOWN OF FRASER
ORDINANCE NO. 502
Series 2023
AN ORDINANCE AMENDING CHAPTER 6 ARTICLE 4 OF THE FRASER MUNICIPAL CODE
REGARDING ALCOHOLIC BEVERAGES
WHEREAS, the Board of Trustees has determined that the Town Clerk should be given
more discretion to act in her capacity as the local licensing authority in administering licenses
under the Colorado Liquor and Beer Codes. This ordinance will make administration of these
licenses by the Town more efficient.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO, THAT:
PART 1: AMENDMENT OF MUNICIPAL CODE.
Chapter 6, 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 strip print]:
Chapter 6
Sec 6-4-20 Delegation of licensing functions to Town Clerk.
(a) The Town Clerk is authorized to act as and for the Authority for the following Colorado
Liquor Code and Colorado Beer Code licensing functions:
(1) Processing and issuance of special event permits pursuant to Section 44-5-
101, C.R.S., provided that no parties have filed a written objection to said permit.
(2) Annual Colorado Liquor Code and Colorado Beer Code license renewals.
provided that the Town Cferk is aware of Re information that the licensee has violated any
provisions of the Colorado Liquor or Beor Codos or associated rogulationc during tho
preceding year.
(3) Changes in shareholders, officers, directors or trade names of a licensee,
provided that any investigation conducted by the Town does not reveal information that may
reasonably form the basis of a determination that the applicant is not qualified to hold the
respective license.
(4) Changes in registered manager of a licensee; as described in Section 44-3-301(8),
C.R.S. provided that any investigation conducted by the Town does not reveal information that
may reasonably form the basis of a determination that the proposed manager is not qualified
The licensee shall report the name of the manager to the state and
local licensing authorities within thirty days after the change.
(5) Modification or alteration of the licensed premises, provided that the
modification or alteration is of the interior only and does not involve an increase of more than
fifteen percent (15%) of the useable area.
(6) The issuance of temporary permits pursuant to and in compliance with the
provisions of Section 44-3-303, C.R.S.
(b) The Town Clerk shall refer any licensing decision authorized under this Section
to the 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 Authority. If the Town Clerk refers
a licensing decision under this Section to the Authority, the Authority shall
conduct a public hearing on the licensing decision.
Sec. 6-4-70. - Disciplinary actions.
The Municipal Court, as the Authority for all disciplinary actions, may suspend or revoke a
license for violations upon finding that the licensee has failed to comply with this Articles
and the Colorado Liquor Rules or Colorado Liquor Code
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 IS DAY OF nuvP Ano(' , 2023.
2
Votes in favor: lU
Votes opposed: 5
Votes abstained: 0
BOARD OF TRUSTEES OF THE
TOWN OF FRASE; COLORA
BY:
Mayor
ATTEST:
Town Clerk
Published in the Middle Park Times on n b\r ,„ _ 423, �o 3