CHAPTER 18
LICENSING

ARTICLE 2
NORTHGLENN LIQUOR LICENSING AUTHORITY

Section 18-2-1. Title and Purpose. This article shall be known and cited as the Northglenn Designation of Liquor Licensing Authority.

[Source: Ord. 939, 1989]

Section 18-2-2. Licensing Authority.

(a)

There is hereby established the Liquor Licensing Authority for the City of Northglenn for the licensing of locations within the City for the sale of alcoholic beverages as governed by the Colorado Liquor Code and the Colorado Beer Code (the "Authority").

(b)

No person shall serve as a member of the Authority who:

(1)

Shall have within the boundaries of the City of Northglenn any interest in the operation of a liquor establishment or in one serving fermented malt beverages;

(2)

Is under the age of 21 years;

(3)

Has an abhorrence of alcohol; or

(4)

Who has committed or admits having committed any acts involving moral turpitude.

(c)

The Authority shall have and is vested with the authority to grant or refuse licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, as provided by law, to conduct investigations as are required by law, to allow "tastings," as that term is defined in C.R.S § 12-47-103 (37.5), at licensed retail liquor stores and liquor-licensed drug stores subject to the requirements and limitations contained in C.R.S. § 12-47-301, and to suspend or revoke such licenses for cause in the manner provided by law. Such Authority shall have all the powers of the local liquor licensing authority as set forth in Articles 46 and 47 of Title 12, C.R.S.

(d)

The Authority shall have and is further vested as the licensing authority for massage parlors pursuant to Article 15 of Chapter 18 of the Northglenn Municipal Code, and shall have all the powers of the local massage parlor licensing authority as set forth in Article 15 of Chapter 18 of the Northglenn Municipal Code and Article 48.5 of Title 12, C.R.S.

(e)

The Authority shall consist of five (5) citizen members who shall be residents of the City during their term of office. The members shall be appointed by the City Council and shall serve for terms of two (2) years. The terms shall be staggered so that on even-numbered years, three (3) members shall be appointed and on odd-numbered years, two (2) members shall be appointed, with each term commencing on January 1, and terminating on December 31, of the second year thereafter, except that the members of the first authority appointed shall serve four (4) terms as follows:

(1)

Two (2) members shall serve until December 31, 2007; and

(2)

Three (3) members shall serve until December 31, 2008.

(e)

The Council shall also appoint two (2) alternate members who have the qualifications provided herein for regular, citizen members. In case of absence from any meeting of a regular member, an alternate member shall be called, on a rotation basis, to serve in lieu of the absent member, with all powers, duties and responsibilities of the regular member for whom such alternate member acts. Alternate members shall be appointed for terms of two (2) years.

(f)

If a vacancy occurs on the Authority, the City Council shall make an appointment within thirty (30) days thereafter to fill the unexpired term.

(g)

Any member of the Authority may be removed by the City Council for reasons including, but not limited to:

(1)

Nonattendance at three (3) consecutive meetings of the Authority, or consistent, but not consecutive, nonattendance as determined by the City Council.

(2)

The purposeful failure of a member of the Authority to act in accordance with applicable law regarding the quasi-judicial duties of a member of the Authority.

(3)

The failure to satisfy the qualifications for membership on the Authority set forth in this Article.

(h)

The Authority shall make and adopt by resolution its own bylaws, and shall select at the first meeting of each year or as soon thereafter as practicable one (1) of its members to be chairperson and one (1) of its members to be vice chairman of the Authority.

(i)

A quorum shall consist of three (3) members. A decision shall require the affirmative vote of a majority of the members present. Any absent member may join an impending decision of the Authority after he or she has reviewed and considered the evidence adduced in any hearing conducted during his or her absence.

(j)

The Authority may adopt rules of procedure and conduct to govern its proceedings.

(k)

The Authority shall meet at least once each month at a regularly scheduled time and location. The Authority may also hold special meetings from time to time as it deems necessary. Special meetings shall be at the call of the Chairman or on request of a majority of the Authority members. A complete record shall be kept of all proceedings of the Authority, consistent with the requirements of state law, including the requirements of the Colorado Liquor Code and the Colorado Beer Code, as amended.

(l)

The Authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of documents, data compilations or other evidence at any hearing before the Authority. It shall be a violation of this Chapter for any person to willfully fail to comply with any subpoena or order to produce documents, data compilations or other evidence issued by the Authority, punishable as provided in Section 1-1-10 of this Municipal Code.

(m)

An appeal from any decision of the Authority shall be directed to the District Court of Adams County pursuant to C.R.C.P. 106(a)(4).

[Source: Ord. 1419, 2005; 1434, 2006; 1479, 2007; 1599, 2011]

Section 18-2-3. Manager Registration.

(a)

Each licensee holding a fermented malt beverage off-premises, Club, Tavern, or Lodging and Entertainment Facility license shall manage such premises himself or herself or employ a separate and distinct manager on the premises and shall report the name of such manager to the Licensing Authority. Such licensee shall report any change in managers to the Licensing Authority within thirty (30) days after any change, hire, or transfer of any manager to the licensee's premises.

(b)

It is unlawful for the licensee to fail to report the name of or any change in managers as required by subsection (a), and such a failure shall be grounds for suspension of the license.

(c)

Manager registrations pursuant to this section shall be accompanied by a non-refundable registration fee in the amount of $75.00.

[Source: Ord. 1180, 1997; 1216, 1998; 1723, 2016]

Section 18-2-4. Administrative Approval of Certain Applications.

(a)

In the event that there have been no violations of the Colorado Liquor or Beer Code, as applicable, during the preceding year, and if there is no other derogatory information regarding the licensee, its partners, officers, directors, managers, or shareholders, then the City Clerk may grant the renewal of a liquor license, transfer of ownership, change of corporate status, a transfer of ownership, change of location, and a merger and conversion of retail liquor store licenses into a single liquor-licensed drugstore license, or manager registration on behalf of the Licensing Authority. If, however, the City Clerk's investigation discloses any proved or alleged violations of the Liquor or Beer Code or derogatory information as described above, the Clerk shall schedule action on the application before the Licensing Authority.

(b)

The City Clerk is further authorized in accordance with the provisions and limitations contained in C.R.S. § 12-47-303 to issue a temporary permit during the time in which an application to transfer the ownership of a license is pending; except that no temporary permit shall issue to a liquor-licensed drugstore that has acquired ownership of licensed retail liquor stores in accordance with C.R.S. § 12-47-408(1)(b).

[Source: Ord. 939, 1989; 1254, 2000; 1448, 2006; 1723, 2016]

Section 18-2-5. Optional Premises License.

(a)

"Optional premises" means:

(1)

A premises specified in an application for a hotel and restaurant license in Section 12-47-119, C.R.S. (as amended) with related outdoor sports and recreational facilities for the convenience of guests or the general public located on or adjacent to the hotel or restaurant within which such licensee is authorized to serve alcoholic beverages in accordance with the provisions of this article and at the discretion of the state and local licensing authorities; or

(2)

The premises specified in an application for an optional premises license located on an applicant's outdoor sports and recreational facility.

(3)

For purposes of this section, an "outdoor sports and recreation facility" means a facility which charges a fee for the use of such facility.

(b)

The requirements for an optional premises license shall be:

(1)

An applicant or holder of a hotel and restaurant license desiring an optional premises license shall:

(i)

Provide a scale drawing indicating the entire area to be licensed, including the locations at which alcoholic beverages are to be stored and dispersed, and the locations of significant architectural, landscaping and topographical features.

(ii)

Provide an affidavit signed and sworn by the applicant or the applicant's agent or manager which states the need, convenience or desirability of the optional premises license.

(iii)

Pay a $75.00 non-refundable application fee to defray the City's expense in processing such application.

(iv)

Make application for an optional premises license on a form prescribed by the licensing authority.

(2)

The decision of the authority on whether to grant or deny an optional premise license shall be made by resolution within thirty (30) days after the applicant provides all the pertinent information required in subsection (b)(1).

(i)

No public hearing shall be required for an application made by the holder of a hotel and restaurant license, but the licensing authority may, in its discretion, order a public hearing on such application.

(ii)

A public hearing shall be required for an application made by any person or entity not currently holding a valid hotel and restaurant license.

(c)

Annual renewals of optional premises licenses shall be made pursuant to Section 18-2-5 of this Municipal Code.

[Source: Ord. 966, 1989]

Section 18-2-6. Unlawful Acts--Penalty. It shall be unlawful to violate any of the provisions of the Colorado Beer Code, Title 12, Article 46, C.R.S.; the Colorado Liquor Code, Title 12, Article 47, C.R.S.; any rule or regulation of the Colorado Department of Revenue promulgated pursuant to either Code; or any provision of Article 2 of Chapter 18. Violations shall be punishable, upon conviction, as provided in Section 1-1-10(a)(2) of this Code.

[Source: Ord. 1130, 1995]

Section 18-2-7. Special Events Permits for Public Property. The City Clerk shall not issue a Special Events Permit where any portion of the special event is to take place on all or part of a property, building, structure or facility owned by the City unless the party requesting such permit demonstrates that it has an insurance policy currently in effect with liquor liability coverage of not less than $400,000.00 or the maximum limit on liability established by The Colorado Governmental Immunity Act, Title 24, Article 10, Colorado Revised Statutes, as amended. Nothing herein shall be construed as a waiver by the City of any defenses or provisions of The Governmental Immunity Act.

[Source: Ord. 1035, 1991]

Section 18-2-8. Imposing Fines in Lieu of Suspension.

(a)

The Northglenn Liquor Licensing Authority ("Authority") shall have the power and authority, on its own motion or on complaint, after investigation and public hearing at which the licensee shall be afforded an opportunity to be heard, to suspend or revoke any license or permit issued by such authority for any violation by the licensee or by any of the agents, servants, or employees of such licensee of the Colorado Liquor Code, C.R.S. 12-47-101 et. seq., or any of the rules or regulations authorized pursuant to the Colorado Liquor Code or of any of the terms, conditions, or provisions of the license or permit issued by such authority. The Authority has the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of any hearing that the licensing authority is authorized to conduct.

(b)

Notice of suspension or revocation, as well as any required notice of such hearing, shall be given by mailing the same in writing to the licensee at the address contained in such license or permit. No such suspension shall be for a longer period than six months. If any license or permit is suspended or revoked, no part of the fees paid therefor shall be returned to the licensee. Any license or permit may be summarily suspended by the issuing licensing authority without notice pending any prosecution, investigation, or public hearing. Nothing in this section shall prevent the summary suspension of such license or permit for a temporary period of not more than fifteen days.

(c)

Whenever the decision of the Authority suspending a license or permit becomes final, whether by failure of the licensee to appeal the decision or by exhaustion of all appeals and judicial review, the licensee may, before the operative date of the suspension, petition for permission to pay a fine in lieu of the license or permit suspension for all or part of the suspension period. Upon the receipt of the petition, the Authority may, in its sole discretion, stay the proposed suspension and cause any investigation to be made that it deems desirable and may, in its sole discretion, grant the petition if it is satisfied:

(1)

That the public welfare and morals would not be impaired by permitting the licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes; and

(2)

That the books and records of the licensee are kept in such a manner that the loss of sales of alcohol beverages that the licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy.

(d)

The fine accepted shall be the equivalent to twenty (20) percent of the licensee's estimated gross revenues from sales of alcohol beverages during the period of the proposed suspension; except that the fine shall be not less than two hundred dollars ($200.00) nor more than five thousand dollars ($5,000.00).

(e)

Payment of any fine pursuant to the provisions of subsection (c) shall be in the form of cash or in the form of a certified check or cashier's check made payable to Authority.

(f)

Upon payment of the fine pursuant to subsection (c) of this section, the Authority shall enter its further order permanently staying the imposition of the suspension. If the fine is paid to the Authority, the governing body of the Authority shall cause such monies to be paid into the general fund of the Authority.

(g)

In connection with any petition pursuant to subsection (c) of this section, the power of the Authority is limited to the granting of such stays as are necessary for it to complete its investigation and make its findings and, if it makes such findings, to the granting of an order permanently staying the imposition of the entire suspension or that portion of the suspension not otherwise conditionally stayed.

(h)

If the Authority does not make the findings required in subsection (c) of this section and does not order the suspension permanently stayed, the suspension shall go into effect on the operative date finally set by the Authority.

[Source: Ord. 1367, 2004; 1682, 2014]

Section 18-2-8.5(a). Special Private Occasion Permit. Upon approval by the Liquor Licensing Authority, the City Clerk may issue a special private occasion permit for the possession and consumption of alcoholic beverages in all public places within the City of Northglenn, except for City Parks, and shall provide a copy of such permit to the Northglenn Police Department upon issuance, provided the applicant can demonstrate to the satisfaction of the Liquor Licensing Authority that:

(1)

The application is filed at least 30 days prior to the date of the event, and is accompanied by an application fee in an amount determined by the licensing authority.

(2)

The applicant is 21 years of age, or older;

(3)

Alcoholic beverages will remain in the general area of the event as specifically defined in the permit;

(4)

Alcoholic beverages will not be provided to or served to members of the general public or any persons who are not invitees of the event;

(5)

The time, location and duration of the function are not likely to significantly interfere with public services;

(6)

The number and concentration of participants at the function are not likely to result in crowds exceeding limitations in the City fire code, or other significant inconvenience to the residents of the surrounding neighborhoods;

(7)

Under-age persons and persons under the influence of alcohol will not obtain alcoholic beverages served at the function, and the precautions proposed are likely to secure and supervise the area and the participants during the function;

(8)

The applicant agrees to be personally responsible for cleaning, trash disposal or repairs necessary as a result of the event for which the permission was granted, and the applicant shall deposit an amount determined by the Liquor Licensing Authority to secure such clean-up;

(9)

The applicant agrees to indemnify and hold harmless the city, its employees and agents for all liability claims arising out of the event;

(10)

The applicant has an insurance policy currently in effect with liquor liability coverage of not less than the maximum limit established by the Colorado Governmental Immunity Act, Title 24, Article 10, Colorado Revised Statutes, as amended, and the City is named as an additional named insured. Nothing herein shall be construed as a waiver by the City of any defenses or provisions of the Governmental Immunity Act; and

(11)

The special occasion is a wedding, corporate or club picnic, or similar event of a social, fraternal, patriotic, political or athletic nature.

(12)

Service of alcoholic beverages shall be limited to beer and wine.

(13)

No Special Private Occasion Permit shall be issued to any person who is not of good moral character as that term is used in C.R.S. § 12-47-307.

(14)

The City Clerk may consult with the Police Department regarding the need for security and, where appropriate, may require the provision of private security or the provision of a designated security representative, as those terms are defined below, at the applicant's expense as a condition to the issuance of a Special Private Occasion Permit.

(a)

For purposes of this subsection (14), it shall be presumed that a designated security representative be sufficient, where appropriate, for events with less than one hundred (100) people in attendance. For events of one hundred (100) people or more, the applicant shall provide private security at a ratio of at least one private security officer per one hundred (100) attendees.

(b)

If private security is required, the private security shall be provided by an off-duty City of Northglenn Police Officer, and it shall be the responsibility of the applicant to make arrangements with the Northglenn Police Department for such private security.

(c)

If a designated security representative is required, the representative shall, prior to the event, submit a signed statement to the City Clerk indicating that he or she understands and accepts the responsibility to monitor the perimeter of the permitted area, to safely undertake crowd control efforts, and to call the police for assistance when appropriate.

A permit may be denied, or conditions imposed, on the grounds that approval would be detrimental to the public safety, health, morals, order or welfare by reason of the nature of the event, the likelihood that the event would create a public nuisance or result in the consumption of alcoholic beverages by minors, its location within the community, or the failure of the applicant to conduct a past event in compliance with applicable laws and regulations.

The request may also be denied if another event has previously been scheduled for that location on the same day and time, or if the event would unreasonably interfere with normal activities and customary and general use and enjoyment of the facility.

[Source: Ord. 1409, 2005; 1424, 2006; 1448, 2006; 1534, 2009]

Section 18-2-8.5(b). City Park Exceptions. The possession and consumption of alcoholic beverages in City Parks and at City swimming facilities is prohibited, except that a Special Private Occasion Permit may be issued by the Liquor Licensing Authority pursuant to Section 18-2-8.5(a) for enclosed structures located in City Parks, and the general vicinity of such enclosed structures, but never including a swimming facility, and never further than a 50-foot radius from the exterior of such enclosed structures, including but not limited to the Thede Farmhouse (also known as the Stonehocker House), which is located at 10950 Fox Run Parkway in the City of Northglenn, 80233. For purposes of this Section 18-2-8.5(b), a City swimming facility shall be defined as the area within a City park or facility within which the swimming pool is located, the perimeter of which is defined by any fences or walls surrounding such swimming pools.

[Source: Ord. 1409, 2005; 1630, 2012]

Section 18-2-9. Neighborhood Notice. The applicant shall, at its own expense, give notice of the liquor license application as follows:

(a)

The applicant shall mail a notice via United States mail to all Northglenn landowners within the neighborhood designated by the local liquor licensing authority. Such notice shall be postmarked at least seven (7) days, but no earlier than fourteen (14) days prior to the date of the public hearing on the application. A signed affidavit of mailing, in a form approved by the City Liquor Licensing Authority, together with the postmarked receipt(s) shall constitute prima facie evidence of the required mailing, and shall be included with the application material.

(b)

The notice shall include the following information:

(1)

the address of the proposed licensed premises;

(2)

the type of liquor license application;

(3)

the date, time and place of the public hearing on the license application;

(4)

the name of the applicant;

(5)

the trade name of the licensed premises under which it will be doing business; and

(6)

a prominent statement, which reads as follows:

"This application will be under review by the Liquor Licensing Authority for the City of Northglenn. As a part of this review process, the Authority will consider the impact on the neighborhood and the desire of its adult inhabitants. Comments regarding this application may be sent to the Liquor Licensing Authority for the City of Northglenn at the following address: City of Northglenn Liquor Licensing Authority, P.O. Box 330061, Northglenn, CO 80233. Additionally, public comments on the application may be presented at the public hearing to be held on ___________________, 200_____, at ____________ p.m., in the City Council Chambers, 11701 Community Center Drive, Northglenn, CO 80233."

[Source: Ord. 1402, 2005]

Section 18-2-10. Guidelines for Violations of the Colorado Liquor or Beer Code.

(a)

Purpose. The purpose of this Ordinance is to provide the Northglenn Liquor Licensing Authority (the "Authority") with presumptive guidelines for certain liquor and beer code violations occurring within the City. The guidelines are to be used to allow the Authority to treat all licensees as equally and consistently as possible when imposing penalties pursuant to the Colorado Liquor Code or the Colorado Beer Code, while at the same time allowing for sanctions that still take into account any aggravating or mitigating factors resulting from the particular facts and circumstances in each case.

(b)

Guidelines. The guidelines set forth below shall be utilized by the Authority for all liquor or beer code violations set forth in subsection (c) of this Section 18-2-10 as follows:

(1)

First Offense.

(A)

Fourteen (14) days suspension with six (6) days of actual suspension and eight (8) days held in abeyance for two (2) years from the date of the final order of the Authority. The days held in abeyance shall be on the condition that the Licensee shall not commit nor permit any violation of the Colorado Liquor or Beer Codes or local ordinances regarding the subject matter of the Licensee's liquor or beer license.

(B)

In the case of malt, vinous, or spirituous liquor licensees, there shall be a mandatory suspension of at least one (1) day commencing at 2:01 a.m. on a Saturday and ending at 2:01 a.m. the following day. In the case of 3.2% beer licensees, there shall be a mandatory suspension of at least one (1) day commencing at 12:01 a.m. on a Sunday and ending at midnight that same day.

(C)

The licensee shall have the opportunity to submit a petition to pay a fine in lieu of suspension as provided by Section 18-2-8 of the Northglenn Municipal Code or by stipulation of up to five (5) days of the six (6) days of actual suspension.

(2)

Second Offense within two (2) years of final decision of the Authority.

(A)

Thirty (30) days suspension with twelve (12) days actual suspension and eighteen (18) days held in abeyance for two (2) years from the date of the final decision of the Authority. The days in abeyance shall be on the condition that the Licensee shall not commit nor permit any violation of the Colorado Liquor or Beer Codes or local ordinances regarding the subject matter of the Licensee's liquor or beer license.

(B)

Any period of actual suspension must run consecutively to any previously imposed period of suspension that was held in abeyance.

(C)

A fine in lieu of suspension shall not be available.

(3)

Third Offense within two (2) years of final decision of the Authority.

(A)

Sixty (60) days suspension to be served by actual suspension with no days held in abeyance.

(B)

Any period of actual suspension must run consecutively to any previously imposed period of suspension that was held in abeyance.

(C)

A fine in lieu of suspension shall not be available.

(c)

The presumptive guidelines set forth above shall be subject to deviation by the Authority in the event evidence is presented of aggravating or mitigating circumstances sufficient in the sole discretion of the Authority to require deviation from the guidelines.

(d)

The following violations of the Colorado Liquor Code shall be subject to the guidelines set forth in subsection (b) of this Section 18-2-10:

(1)

Sale or service of an alcohol beverage to a person under the age of twenty-one (21) years pursuant to C.R.S. § 12-47-901(1)(a), unless such person under the age of twenty-one (21) years exhibits a fraudulent proof of age, and the Licensee reasonably relies on such fraudulent proof of age pursuant to C.R.S. § 12-47-901(5)(a)(I);

(2)

Sale or service of an alcohol beverage to a visibly intoxicated person pursuant to C.R.S. § 12-47-901(1)(a);

(3)

Sale, service, or dispensing of an alcohol beverage by a person under eighteen (18) years of age pursuant to C.R.S. § 17-47-901(5)(a)(I);

(4)

Sale or service of an alcohol beverage to consumers for consumption on or off of the licensed premises during any hours where such sale or service is prohibited pursuant to C.R.S. § 12-47-901(5)(b) or C.R.S. § 12-47-901(5)(c);

(5)

Sale of an alcohol beverage at retail outside of the licensed premises pursuant to C.R.S. § 12-47-901(5)(b) or C.R.S. § 12-47-901(5)(g);

(6)

Authorization or permitting of any gambling or the use of any gambling machine pursuant to C.R.S. § 12-47-901(5)(n)(I);

(7)

Authorization or permitting of any tough person fighting as defined in C.R.S. § 12-10-103 pursuant to C.R.S. § 12-47-901(5)(o);

(8)

Violation of any provisions of Code of Regulations, 1 C.C.R. 203-2; Regulation 47-900, "Conduct of Establishment"; and

(9)

Violation of any provisions of Code of Regulations, 1 C.C.R. 203-2; Regulation 47-926, "Interference with Officers".

(e)

Penalties for all other violations of the Colorado Liquor Code shall be subject to the discretion of the Licensing Authority.

[Source: Ord. 1471, 2007]