Ordinance 2002-1385 - Laserfiche WebLink

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ORDINANCE NO. 1385 SERIES 2002 AN ORDINANCE AMENDING CHAPTER 5.08 OF THE LOUISVILLE MUNICIPAL CODE TO ALLOW LIQUOR LICENSEES TO PAY A FINE IN LIEU OF LIQUOR LICENSE SUSPENSIONS IN CERTAIN CIRCUMSTANCES. WHEREAS, C.R.S. § 12-47-601 authorizes any local licensing authority to accept a fine in lieu of a liquor license suspension in certain circumstances; and WHEREAS, the City of Louisville desires to adopt a procedure by which a licensee can pay a fine in lieu of a license suspension in such circumstances. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: Section 1. Chapter 5.08 of the Louisville Municipal Code is hereby amended by the addition of a new Section 5.08.140 to read as follows: Sec. 5.08.140. Suspension; fine in lieu. A. Whenever a decision of the Local Licensing Authority suspending a license or permit for fourteen days or less becomes final, the licensee may, before the operative date of the suspension, petition the local licensing authority for permission to pay a fine in lieu of the suspension for all or part of the suspension period. B. Upon receipt of such a petition, the Local Licensing Authority may cause any investigation to be made which it deems desirable. The Authority may, in its sole discretion, grant the petition if it is satisfied and makes findings that: (1) The public welfare and morals would not be impaired by permitting the licensee to operate during all or a portion of the period set for suspension, and that payment of the fine will achieve the desired disciplinary purposes; and (2) The books and records of the licensee are kept in such a manner that the loss of sales of alcoholic beverages which the licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy therefrom; and (3) The licensee has not had its license suspended or revoked, nor had any suspension stayed by payment of a fine, during the two years immediately preceding the date of the complaint which resulted in the final decision to suspend the license.