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O-2008-10
AN ORDINANCE
AMENDING CHAPTERS 5.38 AND 5.40 RELATING TO LIQUOR LICENSING AND CHAPTER 5.46 RELATING TO ARCADE LICENSING AND CHAPTER 5.52.030 RELATING TO MASSAGE PARLORS OF THE LAKEWOOD MUNICIPAL CODE
WHEREAS, the City Council deems it to be more efficient and cost effective to utilize a single Hearing Officer instead of a seven member board to hold hearings relative to liquor licenses.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:
SECTION 1. Section 5.38.030 of the Lakewood Municipal Code is amended to read as follows:
5.38.030 Licensing authority established.
A. The Liquor Licensing Authority, previously established by City ordinance,
shall be continued. The Liquor Licensing 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, as provided by law; conduct investigations as
are required by law; and to suspend or revoke such licenses for cause in the
manner provided by law. Such Liquor Licensing Authority shall have all powers
of the local licensing authority as set forth in Title 12, Articles 47 and 48,
Colorado Revised Statutes, as amended.
B. The Liquor Licensing Authority shall consist of a Hearing Officer chosen from a list of qualified hearing officers by the City Clerk.
C. The Liquor Licensing Authority may adopt reasonable fines and regulations, in conformity with applicable statutes, ordinances and the City of Lakewood Charter, governing its internal operations.
D. The City Clerk shall serve as the official secretary of the Liquor Licensing
Authority and shall designate a person or persons to provide the necessary secretarial
and reporting services for the Liquor Licensing Authority. The City Clerk may
attend, but shall not be required to attend, the meetings of the Liquor Licensing
Authority. The City Clerk, or her designee, shall be responsible for effecting
all public notice by publication in a newspaper as required by the Liquor Code.
SECTION 2: Section 5.40.030 of the Lakewood Municipal Code is amended to read
as follows:
5.40.030 Licensing authority established.
A. The Lakewood Fermented Malt Beverage Licensing Authority, previously established
by City ordinance, shall be continued. The Fermented Malt Beverage Licensing
Authority shall have and is vested with the authority to grant or refuse licenses
for the sale at retail of fermented malt beverages, as provided by law, conduct
investigations as are required by law, and to suspend or revoke such licenses
for cause in the manner provided by law. Such Authority shall have all powers
of the local licensing authority as set forth in Title 12, Article 46, Colorado
Revised Statutes, as amended.
B. The Fermented Malt Beverage Licensing Authority shall consist of a Hearing Officer chosen from a list of qualified hearing officers by the City Clerk.
SECTION 3: Section 5.46.020 of the Lakewood Municipal Code is amended to read as follows:
5.46.020 Licensing authority established.
A. There is established an Arcade Licensing Board, which shall have and is vested
with the authority to grant or deny licenses for amusement arcades based upon
the criteria set forth herein to conduct investigations, and to suspend or revoke
such licenses for cause in the manner provided by this code.
B. Hereinafter, the Arcade Licensing Board shall be the Lakewood Liquor and Fermented Malt Beverage Licensing Authority.
C. The City Clerk shall receive all applications for licenses, and shall issue all licenses granted by the board, upon receipt of all fees as are required by this chapter. All public notices required by this chapter shall be accomplished by the City Clerk.
D. Any decision of the Arcade Licensing Board shall be final and any appeal therefrom shall be to the Jefferson County District Court.
SECTION 4: Section 5.52.030 of the Lakewood Municipal Code is amended to read as follows:
5.52.030 Licensing authority established.
A. There is established a massage parlor licensing authority, which shall have
and is vested with the authority to grant or refuse licenses for massage parlors
based upon the criteria set forth herein and state law, to conduct investigations,
and to suspend or revoke such licenses for cause in the manner provided by this
chapter.
B. Hereinafter, the massage parlor licensing authority shall be the Lakewood Liquor and Fermented Malt Beverage Licensing Authority.
C. The authority shall meet as needed.
D. The City Clerk shall receive all applications for licenses, and shall issue all licenses granted by the authority, upon receipt of all fees as are required by this chapter. All public notices required by this chapter shall be accomplished by the City Clerk.
E. The Code Administration Officer in the City Clerk's office shall also be the massage parlor inspector, who shall perform routine periodic inspections of the licensed premises and such other duties as the massage parlor licensing authority may reasonably direct. Public notice by posting of signs required by this chapter shall be accomplished by the inspector.
SECTION 5. This ordinance shall take effect thirty (30) days after final publication.
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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