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ORDINANCE na 18 i HEARING <br />2M <br />AN ORDINANCE AMENOHIG CHAPTER S.08 OF THE LOUISVILLE <br />MUNICIPAL CODE CONCERNING LIQUORYASTiNCS <br />INTRODUCED, READ PASSED ON FIRST READING, AND ORDERED <br />PUBLISHED this 7th day of March, 2023. <br />Dennis Maloney, Mayor <br />Me�redyth Muth, City Clerk <br />APPROVED AS TO FORM: <br />Kelly PC, City Attorney <br />PASSED AND ADOPTED ON SECOND AND FINAL. READING this 41h <br />day of April, 2023. <br />Dennis Maloney, Mayor <br />M firth Muth. City Clerk <br />Published in the Daily Camera on April9.2=3 with full Ordinance. <br />Full copies available in the City Clerk's Office, 749 Main Street. <br />Louisville CO 80027. <br />Second Reid€gg Amendments <br />ordinance No.1852, Series 2023 is revised to read as follows (sec- <br />ond reading amendments are shown in troll underline and Mid <br />strikeouts: <br />ORDINANCE NO.1852 <br />SERIES 2023 <br />AN ORDINANCE AMENDING CHAPTER S.ea Of THE LOUISVILLE MU- <br />NICIPAL CODE CONCERNING LIQUORTASTINGS <br />WHEREAS. City Council previously adopted Section 5.08.075 of the <br />Louisville Municipal Code authorizing retail liquor stores to conduct <br />liquor tastings under certain circumstances; and <br />WHEREAS, since that time, the Colorado Liquor Code has been <br />amtmdkd to Wicr addidonat 6Cenloac, 'rciuding liquor Ikensed <br />drugstores and fermented matt beverage and wine retailers, to can - <br />due tostings: and <br />WHEREAS, City Council desires to amend Section 5.08.075 to reflect <br />these amendments to the Colorado Liquor Code. <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE <br />CITY OF LOUISVILLE. COLORADO: <br />Section 1. Section 5.08.075 of the Louisville Municipal Code Is here- <br />by amended to read as follows (words to be added are underlined: <br />words to be deleted are stricken through): <br />Sec. S.o5AT5. llgaar Listings. <br />A. The city hereby a oriz�5 tastings to be condo by retail <br />liquor store licensees, 1 ppr,l(cenw, drmstofii ,s Ter tried <br />rnalt beverage aqd ynpq retailers in accordance with this section <br />and pursuant to section "3.301, C.R.S. Within the city it is unlaw- <br />ful for arty person or licensee to conduct Castings unless a perm <br />It <br />has been obtained In accordance with this section. The local Qigns• <br />IAauthority is authorized be issue tasting permits in accordance <br />In the requirements of this section. <br />,t8. A retail liquor store licensee thatwishesto conduct tastiMs <br />Ingtauftfi{tttyy8annpUdlly. The locn for <br />al licensingpauttwriigto mayreljectlice <br />Ute <br />permit application If the applliiccant falls to estanbllisfh that the licen- <br />Ui 51 Is able <br />Cr redting�aapbilc smart rsk tp the neighborrhood. <br />The local Ilcensin9 authority shall esw fish application procedures <br />for tastings permits. <br />C. Tastings shall be subject to the following limitations: <br />1. Tastings shall be conducted Only by a person who has complet• <br />ed a server training program that meets the standards established <br />by the Liquor Enforcement Division of the Colorado Department of <br />Revenue and who Is a retail liquor store 0oensee or an employee of <br />a licensee, and only on a licensee's licensed premises. <br />2. The alcohol used in tastings shall be purchased through a lk <br />Ilery pub or <br />s nery licensed <br />than t ie laa�� Id wholesaler, n cast brow <br />on 4 alcohol aS., alo I ens shad <br />winery licensed ors nt to sector 44 3 403 C.R.S, at pa cost th <br />have licenses from the city to the extent required by this section <br />and section 44.3.301, C,RS. <br />3. The size of an individual alcohol sample shall not exceed one <br />ounce of malt or vinous liquor or one-half of one ounce of spirituous <br />liquor. <br />4. Tastings shall not exceed a total of five hours in duration per <br />day, which need not be consecutive. <br />S. TasUnas shall be conducted only during the operating hours in <br />which the I certsee on whose premises the tastings occur is permit• <br />led to sell alcohol beverages, and in no case earlier than 1100 a.m. <br />or later than 9�O Pm. 7:00 p.m, <br />6. The licensee shall prohibit patrons from leaving the licensed <br />premises with an unconsumed sample. <br />7. The licensee shall promptly remove all omen and uneonsumed <br />alcohol beverage samples from the licensed premises or shall de- <br />stroy the samples Immediately following the completion of the tast- <br />ing. <br />S. The licensee shall not serve a person who is under 21 years of <br />age or who is visibly intoxicated. <br />9. The licensee shall not serve more than four individual samples <br />to a patron during a tasting. <br />10. Alcohol samples shall be in open containers and shall be pro- <br />vided to a patron free of charge- <br />1 1. TastinOs may occur on no more than four of the six days from <br />Monday to the following Saturday, not to -exceed 104 156 days per <br />year. <br />12. No manufacturer of spirituous or vinous liquors shall Induce a <br />lie through free goods or financial or In -kind assistance to fa- <br />vortr <br />manufacturers products being SamGled at a tasting. The il- <br />� shall bear the financial and all otter responsibility for a <br />13. that happlicant for a tastings permit shall certify on the appiica. <br />server o all <br />persons serving alcohol at tastings have completed Ya <br />the Liquor Enng <br />forcement that <br />of ets the standards <br />established <br />of <br />Revenue. <br />D. A violation of a limitation specified in this section or of section <br />44.3.301(10) or section 44-3.901. C.R.S., by a retail liquor store Iicen• <br />see, whether by the licensee, the licensee's employees oragonts, or <br />otherwise shall be the responsibility of the retail liquor store liter• <br />see who 1s conducting the tasting. <br />Prairie Mountain Media, LLC <br />PUBLISHER'S AFFIDAVIT <br />County of Boulder <br />State of Colorado <br />The undersigned, Agent , being first duly sworn <br />under oath, states and affirms as follows: <br />=612i <br />• <br />1. He/she is the legal Advertising Reviewer of <br />Prairie Mountain Media LLC, publisher of the <br />Daily Camera. <br />2. The Daily Camera is a newspaper <br />of general circulation that has been published <br />continuously and without interruption for at least <br />fifty-two weeks In Boulder County and <br />meets the legal requisites for a legal newspaper <br />under Colo. Rev. Stat. 24-70-103. <br />3. The notice that is attached hereto is a true copy, <br />published In the Daily Camera <br />in Boulder County on the following date(s): <br />Apr 9, 2023 <br />W A,# A A <br />Signs tur <br />rJS bscribed and sw to me before me eu this <br />lay of <br />Public <br />SHAYLA NAJERA <br />NOTARY PUBLIC <br />STATE OF COLORADO <br />NOTARY ID 20174031965 <br />(SEAL) MY COMMISSION EXPIRES July 31, 2025 <br />Account: 1048836 <br />Ad Number: 1968224 <br />Fee: $286.811 <br />E.µ A retail liquor store licensee conducting a tasting shag be sub- <br />