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NOTICE OF PUBLIC HEARING
<br />ORDINANCE No. 1855, SERIES 2023
<br />NOTICE IS HEREBY GIVEN that at a regular meeting of the City
<br />Council of the City of Louisville. Colorado, to be held on August 15
<br />2023 at the hour of 6:00 pp m., at Louisville City Hall, 749 Main Street,
<br />Louisville, Colorado 80027 or in an electronic meeting, the City
<br />Council will hold a Public Hearing on the final asPsTaEge and adoption
<br />LOUISVILLE ed AN MUNIC MUNICIPAL NCE COONCERNtING ART GALLERY THE
<br />PER-
<br />MITS.
<br />Published in the Daily Camera on August 6, 2023 with full ordinance.
<br />Full copies available in the City Clerk's Office, 749 Main Street,
<br />Louisville CO 80027.
<br />ORDINANCE NO.185S
<br />SERIES 2073
<br />AN ORDINANCE AMENDING CHAPTER 5.08 OF THE LOUISVILLE MU-
<br />NICIPAL CODE CONCERNING ART GALLERY PERMITS
<br />WHEREAS, City Council previously adopted Section 5.08.076 of the
<br />Louisville Municipal Code authorizing the Louisville Local Licensing
<br />Authority to issue art gallery permits to art galleries serving com-
<br />plimentary alcohol beverages: and
<br />WHEREAS, the Colorado Legislature recently enacted House Bill 23-
<br />1061, which broadened the art gallery permit to allow most retail
<br />establishments to obtain the permit if the establishment conducts
<br />business at a physical building in Colorado, sells goods or services
<br />to the public at the location, and derives less than fifty percent of
<br />the establishment's gross sales of goods and services from the sale
<br />of food; and
<br />WHEREAS, the retail establishment permit Isnot available to retail
<br />establishments that sell firearms, motor vehicles, marijuana, gaso-
<br />line or diesel fuel, educate students from kindergarten to twelfth
<br />grade or provide c6lld care; or are convenience stores; and
<br />WHEREAS. City Council desires to amend Section 5.08.076 to reflect
<br />the changes set forth In House Bill 23-1061.
<br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
<br />CITY OF LOUISVILLE, COLORADO:
<br />Section 1. Section 5.08.076 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. 5.0&07& Art gallery Retail establishment permits.
<br />A. The local Iicensin authority is authorized to issue a retail es-
<br />tablishment an art gallery permit to a person operating a retail es-
<br />tablishment an art gallery that offers and serves complimentary al-
<br />cohol beverages for consumption only on the premises in accord-
<br />ance with the requirements and limitations set forth in section 44-3-
<br />424, C.R.S. A retail establishment An art gallery that wishes to offer
<br />complimentary alcohol beverages shall submit an application for a
<br />retail establishment an art gallery permit to the local licensing au-
<br />thority annually. The local licensing authority may re1'ect the permit
<br />application If the applicant fails to establish that It is able to offer
<br />complimentary alcohol beverages without violating the provisions
<br />of section 44.3-424, C.R.S. or creating a public safety risk to the
<br />neighborhood.
<br />B. A retail establishment An art galleryermit may be suspended
<br />or revoked If the permlttee violates any otPthe provisions of section
<br />44-3-424, C.R.S. or any rule adopted thereunder. The local licensing
<br />authority shall conduct a hearing with regard to any such alleged
<br />violations in accordance with the requirements of this Code, the au-
<br />thority's bylaws and rules of procedure, and section 44-3-601, C.R.S.
<br />Section 2. If any portion of this ordinance is held to be invalid for
<br />any reason, such decision shall not affect the validity of the remain-
<br />Ing portions of this ordinance. The City Council hereby declares It
<br />would have passed and approved this ordinance and each part
<br />hereof irrespective of the fact that any one part be declared invalid.
<br />Section3. The repeal or modification of any provision of the
<br />Municipal Code of the City of Louisville by this ordinance shall not
<br />release, extinguish, alter, modify, or change in whole or in part an(
<br />penalty, forfeiture, or (lability, either civil or criminal, which shall
<br />have been Incurred under such provision, and each provision shall
<br />be treated and held as still remaining in force for the purpose of
<br />sustaining any and all proper actions, suits, proceedings, and pros-
<br />ecutions for the enforcement of the penalty, forfeiture, or liability,
<br />as well as for the purpose of sustaining any judgment,decree, or
<br />i order which can or may be rendered, entered, or made n such ac-
<br />tions, suits, proceedings, or prosecutions.
<br />Section 4. All other ordinances or portions thereof inconsistent or
<br />conflicting with this ordinance or any portion hereof are hereby re-
<br />pealed to the extent of such inconsistency or conflict
<br />INTRODUCED, READ, PASSED ON FIRST READING, AND OR-
<br />DERED PUBLISHED this 1st day of August, 2023.
<br />Dennis Maloney, Mayor
<br />ATTEST:
<br />Meredyth Muth, City Clerk
<br />APPROVED AS TO FORM:
<br />Kelly PC
<br />City Attorney
<br />PASSED AND ADOPTED ON SECOND AND FINAL READING, this
<br />day of , 2023.
<br />Dennis Maloney, Mayor
<br />ATTEST:
<br />Meredyth Muth, City Clerk
<br />Published: Boulder Daily Camera August 6, 2023.1994684
<br />C� 2
<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:
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<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 />Aug 6, 2023
<br />"ILLL6--
<br />Signature
<br />Subscribed and swom to me before me this
<br />day of.
<br />n .,
<br />Public
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<br />NOTARY PUBLIC
<br />STATE OF COLORADO
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