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O-2008-9
AN ORDINANCE
AUTHORIZING ALCOHOL BEVERAGE TASTINGS IN RETAIL LIQUOR STORES AND LIQUOR-LICENSED DRUGSTORES PURSUANT TO STATE LAW
WHEREAS, The City of Lakewood regulates the possession and consumption of alcoholic beverages within the City pursuant to Title 5, Chapters 5.38, 5.39, and 5.40 of the Lakewood Municipal Code; and
WHEREAS, the State Legislature amended C.R.S., § 12-47-301 during the 2004 legislative session through the adoption of a new subsection (10) to said § 12-47-301, which authorizes local jurisdictions to adopt an ordinance or resolution allowing retail liquor stores or liquor-licensed drugstores to conduct sample tastings of alcoholic beverages within their establishments, without charging for such tastings; and
WHEREAS, the City Council has determined that properly regulated and controlled tastings of alcoholic beverages within liquor-licensed drugstores and retail liquor stores in the City could be educational and of benefit to the citizens of the City of Lakewood;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:
SECTION 1. Chapter 5.42 of the Lakewood Municipal Code is hereby adopted as follows:
5.42.010 Authority.
Alcohol beverage tastings, as defined in this chapter, are permitted within
the City only following approval of an application for an alcohol beverage tastings
permit and subject to the limitations set forth in this Chapter and C.R.S. Section
12-47-301(10).
5.42.020 Application for alcohol beverage tastings permit.
A. A retail liquor store or liquor-licensed drugstore licensee desiring to conduct
alcohol beverage tastings must submit a permit application or permit application
renewal for that purpose in accordance with this Section of this Chapter.
B. An alcohol beverage tastings permit shall be valid for the period of the
then-existing liquor license, and the permit may be renewed at the time of any
liquor license renewal.
C. An application for an alcohol beverage tastings permit must be submitted
to the City Clerk no later than thirty (30) days prior to the date of the first
alcohol beverage tasting requested in the application or at the time of license
renewal, whichever occurs first.
D. At a minimum, the application must include the following information:
1. The name of the licensee and location of the premises of the retail liquor
store or liquor-licensed drugstore;
2. A written plan to establish how the applicant will conduct tastings in compliance
with the provisions of state statutes and the Lakewood City Municipal Codes,
and without creating a public safety risk to the neighborhood. Include diagrams.
3. Schedule of the specific dates and times of requested alcohol beverage tastings
for the period of the permit. Such schedule shall conform to all requirements
imposed by Section 5.42.050 below.
4. Following approval of a tastings permit and the tastings schedule by the
City, the licensee may amend such schedule by delivering to the City Clerk,
at least seventy-two (72) hours prior to an unscheduled event, a notice of amendment
of the City-approved schedule.
5. A copy of a certificate of training for individuals who will conduct alcohol
beverage tastings.
6. Any other information requested by the City Clerk reasonably necessary to
ensure compliance with the requirements of this Section, state law or applicant
regulation.
5.42.030 Application Fee.
The application fee for an annual tasting permit shall be $100 and shall be
paid to the City at the time of application.
5.42.040 Decision on application.
A. The City Clerk shall approve, approve with restrictions, deny the application
for alcohol beverage tastings or refer such decision to the Authority. The City
Clerk, as appropriate, may deny an application if the application fails to establish
that the applicant is able to conduct alcohol beverage tastings in compliance
with this Section or Section 12-47-301 (10), C.R.S., or if such alcohol beverage
tastings create or threaten to create a public safety risk to the neighborhood.
A decision to deny an alcohol beverage tastings application shall be made in
writing and shall be provided to the applicant within five (5) business days
of the date of the decision. Approval of an application for alcohol beverage
tastings shall also constitute approval of the schedule for tastings submitted
with the application unless such schedule fails to conform to all applicable
requirements imposed by Section 5.42.050 below.
B. An application for a tasting permit may be denied by the City Clerk if the
licensee has violated the Colorado Liquor Code during one year immediately preceding
the date of the application. If the applicant has violated the Colorado Liquor
Code during one year immediately preceding the date of the application, the
City Clerk shall have discretion to approve or deny the application based upon
the following criteria:
1. The length of time the licensee has been in business;
2. The number of previous violations by the licensee, if any;
3. The degree of cooperation with police and city officials in relation to the violation;
4. Whether the licensee's staff has attended alcohol awareness training, the number of people who have attended, and the number of times attended;
5. Whether the licensee has a process in place on the licensed premises to prevent similar future violations;
6. Whether the violation was committed by the owner or a person with a majority interest in the license or by employees of the licensee;
7. Any other circumstances provided by the licensee or others which may guide the City Clerk in determining sanctions whether to approve the application.
5.42.050 Alcohol Beverage Tasting Regulations.
The following regulations shall apply to all alcohol beverage tastings:
A. Tasting permits issued during the term of a current license shall be valid
for the period of the then-existing liquor license. All other tasting permits
shall be issued concurrent with the retail liquor store license and shall be
valid for the term of said license.
B. No tasting may be conducted unless the licensee has provided written notice
to the liquor authority at least seventy-two (72) hours in advance stating the
specific days and hours on which the tasting(s) shall occur. There shall be
no limitation on the number of days which a licensee may specify in each notice.
However, no notice may specify any date which is beyond the current license
period.
C. The size of an individual alcohol sample shall not exceed one (1) ounce of
malt or vinous liquor or one-half (1/2) ounce of spirituous liquor. The licensee
shall not serve more than four (4) individual samples to a patron during an
alcohol beverage tasting.
D. Alcohol beverage tastings shall be conducted only during operating hours
in which the licensee on whose premises the tastings occur is permitted to sell
alcoholic beverages, and in no case earlier than 11:00 a.m. or later than 7:00
p.m. Alcohol beverage tastings may be no longer than five (5) hours, which must
run consecutively.
E. The licensee shall prohibit patrons from leaving the licensed premises with
an unconsumed alcohol sample.
F. The licensee shall promptly remove all open and unconsumed alcohol beverage
samples from the licensed premises or shall destroy the samples immediately
following the completion of the alcohol beverage tastings.
G. The licensee shall not serve a person who is under twenty-one (21) years
of age or who is visibly intoxicated.
H. Alcohol samples shall be in open containers and shall be provided to a patron
free of charge.
I. Alcohol beverage tastings may occur on no more than four (4) of the six (6)
days of a week from a Monday to the following Saturday, not to exceed a total
of one hundred four (104) days each calendar year.
J. No manufacturer of spirituous or vinous liquors shall induce a licensee through
free goods or financial or in-kind assistance to favor the manufacturer's products
being sampled at a tasting. The licensee shall bear the financial cost and all
other responsibility for a tasting.
K. The alcohol used in alcohol beverage tastings shall be purchased through
a licensed wholesaler, licensed brewpub or winery licensed pursuant to Section
12-47-403, C.R.S.
L. A copy of the State Certified training Certificate(s) and the alcohol beverage
tasting schedule must be available for inspection by the Authority representative
or Police Department at all times during business hours.
M. A licensee conducting a tasting shall be subject to the same revocation,
suspension, and enforcement provisions as otherwise apply to the licensee.
5.42.060 Inspection of the Licensed Premises.
The licensed premises, including any places of storage where alcohol beverages
are stored or dispensed, shall be subject to inspection by the State or Local
Licensing Authorities and their investigators, or peace officers, during all
business hours and all other times of apparent activity, for the purpose of
inspection or investigation. For examination of any inventory or books and records
required to be kept by licensees, access shall only be required during business
hours. Where any part of the licensed premises consists of a locked area, upon
demand to the licensee, such area shall be made available for inspection without
delay; and upon request by authorized representatives of the licensing authority
or peace officers, such licensee shall open said area for inspection.
5.42.070 Appeal.
A denial of the application may be appealed to the Liquor Authority. Said appeal
shall be filed with the City Clerk within ten days of the City Clerk's decision.
I hereby attest and certify that the within and foregoing ordinance was introduced
and read on first reading at a regular meeting of the Lakewood City Council
on the 14th day of April, 2008; published by title in the Rocky Mountain News
and on the City of Lakewood's website, www.lakewood.org., on the 17th day of
April, 2008; set for public hearing on the 28th day of April, 2008; read, finally
passed and adopted by the City Council on the 28th day of April, 2008, and signed,
and approved by the Mayor on the 29th day of April, 2008.
Bob Murphy, Mayor
ATTEST:
Margy Greer, City Clerk
APPROVED AS TO FORM:
Tim Cox, City Attorney
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