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O-2009-11
AN ORDINANCE
AMENDING SECTIONS 5.38.100, 5.40.060 AND 5.40.100 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO BACKGROUND INVESTIGATIONS OF MANAGERS OF LIQUOR AND FERMENTED MALT BEVERAGE LICENSED ESTABLISHMENTS
WHEREAS, The Colorado Supreme Court has ruled that the subject of fermented malt beverages and alcoholic liquor beverages are matters of statewide concern; and
WHEREAS, Sections 5.38.100, 5.40.060 and 5.40.100 of the Lakewood Municipal Code are in conflict with such ruling in regards to background investigations of managers of licensees; and
WHEREAS, it is necessary to conform to State law.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Lakewood, Colorado, that:
SECTION 1. Subsection 5.38.100 A. of the Lakewood Municipal Code is amended to read as follows:
A. Where any licensee changes or causes to be changed the manager of his establishment and such person has not heretofore been approved as a manager by the Licensing Authority, the licensee shall file the prescribed forms with the City Clerk for a change of management within thirty days of such change. A new manager of a Hotel and Restaurant or Tavern licensee shall present himself to the Police Department for photographing, fingerprinting and background investigation.
SECTION 2. Subsection 5.40.060 C. 5. shall be deleted.
SECTION 3: Subsection 5.40.100 A. of the Lakewood Municipal Code is amended to read as follows:
A. Where any licensee changes or causes to be changed the manager of his establishment
and such person has not heretofore been approved as a manager by the Licensing
Authority, the licensee shall file the prescribed forms with the City Clerk
for a change of management within thirty days of such change.
SECTION 4: Subsection 5.40.100 C. of the Lakewood Municipal Code is amended to read as follows:
C. The City Clerk shall administratively approve a change of manager for any licensed establishment.
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 9th day of February 2009; published by title in the Rocky Mountain News and in full on the City of Lakewood's website, www.lakewood.org., on the 12th day of February 2009; set for public hearing on the 23rd day of February 2009; read, finally passed and adopted by the City Council on the 23rd day of February 2009, and signed, and approved by the Mayor on the 24th day of February 2009.
Bob Murphy, Mayor
ATTEST:
Margy Greer, City Clerk
APPROVED AS TO FORM:
Timothy Cox, City Attorney
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