6.12.050 License related application procedures – Hearings.
A. Upon receipt of a complete application for a new license and/or a change of location of a license, the Town Clerk shall notify the liquor licensing authority of the application at a regularly scheduled meeting within the next thirty (30) days, set a hearing date not less than thirty (30) days from the date of the application and provide notice of the hearing pursuant to § 44-3-311, C.R.S. The application form shall be accompanied by an application fee as set forth in Appendix A of this code, and successful applicants shall be subject to license fees as established by resolution.
B. Preliminary Investigation – Findings.
1. Prior to the date set for hearing, the Town Clerk shall, on behalf of the liquor licensing authority, investigate the following matters:
a. Whether any of the prohibitions contained in § 44-4-104 or 44-3-313, C.R.S., apply to the applicant.
b. The number and type of outlets of a nature similar to the applicant’s within one (1) mile in any direction of the proposed location.
2. The Chief of Police shall, on behalf of the liquor licensing authority, investigate the following matters:
a. All pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed.
b. Any financial interests, including notes, mortgages, leases, etc., in other licenses.
c. The applicant’s criminal records, if any, including all partners, principals or stockholders holding over ten percent (10%) of the outstanding and issued stock.
d. Good moral character and reputation of the applicant or person employing, assisting, or financing the applicant, as set forth in §§ 44-3-307 and 24-5-101, C.R.S.
e. Other matters as the liquor licensing authority shall direct.
3. A written report setting out the results of the investigations performed by the Town Clerk and the Chief of Police shall be prepared and mailed by certified mail, return receipt requested, by the Town Clerk to the applicant and, upon request, to other parties in interest, as defined by § 44-3-311(5)(b), C.R.S., not less than five (5) days prior to the date of the hearing upon the application. The original report shall be filed as a public record in the Town Clerk’s office, with all personal identifying information redacted.
C. Petitions, Reports, and Statements Prior to Hearing.
1. Petitions may be circulated by the applicant or any person opposing or supporting the issuance of the license. Each person signing a petition may sign only his or her own name and his or her address. The date when the signature is affixed to the petition shall be put on the petition by the party signing the same. No person may sign more than one (1) petition.
2. All other petitions, remonstrances, surveys or statements in writing offered by the proponents, opponents or others interested in any application for a licensed outlet shall be filed in the office of the Town Clerk no less than ten (10) days before the day on which the hearing upon the application is held before the liquor licensing authority. All notices of such hearings shall contain a statement that said petitions, remonstrances, surveys and statements in writing should be filed no less than ten (10) days before the hearing.
D. Public Hearing Notice.
1. In addition to following the posting and publication requirements included in the Colorado beer and liquor codes, the Town will, no later than ten (10) days before hearing, make all reasonable attempts to mail a courtesy notice of any public hearing at which a new or change of location application is to be considered to those property owners within five hundred feet (500') , generally, of the proposed site.
2. The information typically provided in the courtesy letter shall contain the same information as that required for the sign and publication and a statement that additional information about the application is available at the Town Clerk’s office.
3. Failure of the Town to provide all forms of public notice as provided herein shall not affect the validity of any hearing or determination by the liquor licensing authority.
E. Public Hearing.
1. The licensing authority may promulgate rules of procedure for the conduct of all hearings on applications for licenses or for revocation or suspension of licenses.
2. On the date scheduled, a public hearing shall be held on the application. The hearing may be continued from time to time, not to exceed thirty (30) days, upon the request of any party in interest, as defined by § 44-3-311(5)(b), C.R.S., or upon motion of the liquor licensing authority.
3. All hearings before the liquor licensing authority shall be public and shall be conducted in accordance with this chapter and so as to ascertain facts affecting the substantial rights of the parties to the proceedings. The conduct of the hearing and the information to be presented shall be as set forth in §§ 44-3-311 and 44-3-312, C.R.S. The liquor licensing authority shall consider the information contained in the report of the investigations of the Town Clerk and the Chief of Police. Evidence and requirements of proof shall conform, to the extent practicable, with those in civil nonjury cases in the district courts; however, evidence not admissible under such rules will be admitted if such evidence possesses significant probative value.
4. Applicants or parties in interest, as defined in § 44-3-311(5)(b), C.R.S., may appear in person or be represented by counsel.
5. The liquor licensing authority shall consider all evidence presented relating to the following standards:
a. The character, record, or reputation of the applicant as set forth in § 44-3-307, C.R.S.
b. The neighborhood surrounding the proposed establishment and the existing licensed premises located in or near the neighborhood under consideration.
c. The reasonable requirements of the neighborhood and the desires of the adult inhabitants for the type or class of license for which the application has been made.
d. The financial resources of the application for the acquisition and outfitting of the establishment sought to be licensed.
e. Any pertinent matters affecting the qualifications of the applicant for the conduct and the type of business proposed.
f. Evidence which would indicate that the building or location proposed for the operation of the license is not suited for the intended purpose.
6. The applicant and a party in interest, as defined in § 44-3-311(5)(b), C.R.S., may introduce evidence at the public hearing on the matters set forth above.
7. All testimony given at a public hearing shall be sworn. The Town Clerk or other hearing officer shall have the power to administer oaths and issue subpoenas on behalf of the liquor licensing authority. A subpoena shall be served in the same manner as a subpoena issued by the district court of the state. Upon failure of any witness to comply with such subpoena, the Town Attorney shall, at the direction of the liquor licensing authority, petition the Municipal Court setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena. The Court, after hearing evidence in support of or contrary to the petition, shall enter its order compelling the witness to attend and testify or produce books, records or other evidence under penalty of punishment for contempt in case of willful failure to comply with such order of the court.
8. Any attorney at law who appears before the licensing authority at any hearing shall be required to state the names and addresses of all persons whom he or she has been authorized to represent at the hearing.
F. Decision by Liquor Licensing Authority.
1. At the conclusion of the presentation of all the evidence, the liquor licensing authority shall enter its decision granting or denying the license, or it may take the application under advisement for a maximum of thirty (30) days, during which time it shall consider all the evidence. For purposes of this section, good cause for refusing or denying an initial license application shall be as defined in § 44-3-103(19), C.R.S., in effect or as hereafter amended.
2. When the decision is made, the motion shall contain such findings of fact and conclusions of law as are relevant and necessary to support the decision. As appropriate for the type of license under consideration, the motion should specifically describe the neighborhood under consideration, the needs of the neighborhood for the outlet, the desires of the adult inhabitants and the qualifications of the applicant. The motion may be made orally or in writing. Upon making of the motion and the reasons therefor, a vote shall be taken and entered into the minutes of the liquor licensing authority. (Ord. 686 §2 (Exh. A), 2015; Amended Ord. 715 §2 (Exh. A), 2017; Ord. 756 §2, 2018)