RFCA - O-2008-10 REQUEST FOR COUNCIL ACTION

ORDINANCE: O-2008-10

SUBJECT: Amending certain chapters of the Lakewood Municipal Code to replace the 7-member Liquor Authority to a Hearing Officer.

RECOMMENDATION: City Council approve the ordinance.

SUMMARY AND BACKGROUND OF SUBJECT MATTER: Staff believes an individual hearing officer will be better able to consider and decide the sometimes complex legal and factual issues involved in public hearings, and may well be able to do so without the need for independent legal advice. Currently, the City hires outside counsel to advise the Authority in the more complicated public hearings. In addition, it can sometimes be difficult securing a quorum of the board for an evening meeting; using an individual hearing officer instead of a 7-member board and having the ability to hold meetings in the daytime should eliminate that problem. Daytime meetings would also be more convenient for staff and would avoid the need for paying overtime, and licensees generally prefer daytime meetings because they frequently are expected to be in their establishments in the evening. Of course, the Authority would have the flexibility to hold evening hearings when circumstances warrant, such as for controversial hearings from significant public interest.

The current Liquor Authority board supports this proposal.

DATE OF FIRST READING: April 14, 2008

DATE OF SECOND READING: April 28, 2008

ORIGINATED BY: City Clerk's Office

STAFF PERSON RESPONSIBLE: Margy Greer, City Clerk, 303-987-7081

DOCUMENTS ATTACHED: Ordinance O-2008-10
Redline Version

SUBMITTED BY:
Margy Greer, City Clerk

REVIEWED BY:
Joni Inman, Director, Mayor and City Manager's Office
Michael J. Rock, City Manager