6.12.140 Special event permit application procedures – Criteria.
A. An applicant shall file a special event permit application at least thirty (30) days prior to the date of the event, unless such requirement is waived by the Town Clerk for good cause shown.
B. Investigations – Findings.
1. Upon receipt of a complete application for a special event permit, the Town Clerk shall investigate, through consultation with the Police Department and other appropriate Town administrative personnel and the state licensing authority, as applicable, and make determinations on the following matters:
a. Whether the applicant has timely and properly submitted a complete application for a special event permit and tendered all required fees in accordance with this chapter and the provisions of Article 5 of Title 44, C.R.S.;
b. Whether there has been a timely and proper posting of conspicuous public notice of the proposed special event permit and protest procedures at the location for which the permit is sought pursuant to § 44-5-106(2), C.R.S;
c. Whether the applicant satisfies the eligibility criteria set forth in Article 5 of Title 44, C.R.S.; and
d. Whether issuance of a special event permit to the applicant will comply with the special event permit issuance restrictions of § 44-5-105(3), C.R.S.
C. Decision by Town Clerk.
1. At the conclusion of the investigation by the Town Clerk, the Town Clerk may enter his or her decision granting the special event permit only upon a finding by the Town Clerk that the application satisfies all the criteria set forth in PMC 6.12.130(A) and (B).
2. If, in the Town Clerk’s opinion, a decision on the application should be made by the Town Council, the Town Clerk may withhold a decision and refer the application for a hearing and decision on it by the Town Council.
3. If the Town Clerk determines that sufficient grounds appear to exist to deny issuance of a special event permit, the Town Clerk shall refer the application to the Town Council for a hearing and decision. Sufficient grounds for denial of a permit may exist if the Town Clerk determines that the issuance of a permit would be injurious to the public welfare because of the nature of the special event, or the applicant’s ability to conduct the event in compliance with applicable laws and regulations.
4. The Town Clerk shall not issue any decision on an application, including a decision to refer the application to the Town Council, until after the expiration of ten (10) calendar days from the date on which conspicuous public notice was first made pursuant to § 44-5-106(2), C.R.S. The Town Clerk must issue a decision on an application, including a decision to refer the application to the Town Council, before the expiration of fourteen (14) calendar days from the date on which conspicuous public notice was first made.
5. The decision of the Town Clerk to grant a special event permit may be appealed to the Town Council for consideration at a public hearing by any person who timely filed a protest to the application and who also timely filed a written notice of appeal of the Town Clerk’s decision to issue a special event permit. A protest is timely filed if such protest is made before the first date on which the Town Clerk may issue a decision on an application. A notice of appeal is timely filed if such filing is made with the Town Clerk not more than five (5) calendar days after the Town Clerk issues a decision approving a permit.
6. Upon the Town Clerk referring a decision on an application to the Council or receipt of a compliant notice of appeal after the Town Clerk has issued a decision, the Town Clerk shall schedule the referral or appeal for hearing and decision by the Town Council at the Town Council’s next regular meeting and provide notice as set forth in subsection (D) of this section. Prior to any hearing, the Town Clerk shall provide the Town Council a report of the findings made by the Town Clerk during the course of his or her investigation which states the facts or reasons relied upon by the Town Clerk in making a discretionary referral or approving a permit, or the sufficient grounds that appear to exist for denial of a permit in the case of a mandatory referral.
D. Public Hearings upon Referral or Appeal of Decision by Town Clerk.
1. The Town Clerk shall provide written notice regarding a referral or appeal hearing to the applicant and any person who timely filed a protest to the application. The notice shall provide the time and place of such hearing and shall be mailed by first class U.S. Mail. As to referral hearings only, the notice shall contain such facts or reasons relied upon by the Town Clerk in making a discretionary referral, or in the case of a mandatory referral, the sufficient grounds for denial of a permit that appear to exist.
2. All hearings before the Town Council regarding a special event permit application shall be public and shall be conducted in accordance with this chapter so as to ascertain facts affecting the substantial rights of the parties to the proceedings. The applicant and any person filing a protest may present evidence and cross-examine witnesses. The Town Council, in its discretion, may limit the presentation of evidence and cross-examination so as to prevent repetitive and cumulative evidence or examination. The Town Council shall consider the information contained in the report of the investigations of the Town Clerk. 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. All testimony given at a public hearing shall be sworn.
3. An applicant or a protesting party may appear in person or be represented by counsel.
4. At the conclusion of the presentation of all the evidence, the Town Council shall enter its decision granting or denying the license in the case of a referral, or upholding or overturning an appeal in the case of an appeal. The Town Clerk shall then withhold or issue a special event permit consistent with the Town Council’s decision.
E. As required by § 44-5-107(5)(a), C.R.S., the Town Clerk, acting on behalf of the local licensing authority, shall report to the state Liquor Enforcement Division within ten (10) days after his or her issuance of a permit the name of the organization to which a permit was issued, the address of the permitted location, and the dates on which sale of fermented malt beverages or of malt, spirituous, or vinous liquors have been permitted. In the event of an appeal, the Town Clerk shall withhold notice until the conclusion of such appeal.
F. The Town Clerk shall report to the Town Council no less than quarterly all special event permits issued by the Town Clerk under the provisions of this section for which a hearing has not been held. (Ord. 686 §2 (Exh. A), 2015; Ord. 756 §2, 2018; Amended Ord. 757 §2, 2019)