Town of Erie
File #: 25-038    Version: 1 Name:
Type: General Business Status: Agenda Ready
File created: 12/27/2024 In control: Town Council
On agenda: 1/28/2025 Final action:
Title: An Ordinance of the Town Council of the Town of Erie Making Various Updates to the Town's Alcohol Beverage Licensing Provisions in Title 4, Chapter 8 of the Erie Municipal Code
Attachments: 1. Ordinance 004-2025

SUBJECT:  General Business

Title

An Ordinance of the Town Council of the Town of Erie Making Various Updates to the Town’s Alcohol Beverage Licensing Provisions in Title 4, Chapter 8 of the Erie Municipal Code

 

Body

 

DEPARTMENT:                     Administration

Department

 

TIME ESTIMATE: 5 Minutes

 

PRESENTER(S):                     Kelsey Thede, Deputy Town Clerk

                                                                     Debbie Stamp, Town Clerk

First Name Last Name, Title

 

 

POLICY ISSUES:

This proposed change to the Municipal Code will update the statutory references and alcohol beverage regulations and procedures to comply with current State law and repeal sections that are no longer relevant. It will also streamline the Special Event Liquor License process by allowing new applications to be administratively approved by the Town Clerk’s Office and clarify that tasting permits are administratively approved and renewed on an annual basis.

 

STAFF RECOMMENDATION:

Recommendation

Approve Ordinance 004-2025

 

End

 

SUMMARY AND BACKGROUND OF SUBJECT MATTER:

Colorado Liquor License Background

Colorado is a dual liquor licensing state, meaning liquor applications must go to the local authority first before being sent to the State Liquor Enforcement Division for approval. The Town follows State statutes for all liquor licensing rules and procedures. The Municipal Court Judge serves as the licensing authority and the Clerk’s office serves as the secretary to the local licensing authority (LLA). The Clerk’s office is responsible for reviewing all applications, ensuring applications are complete and that the businesses are in good standing with all Town requirements and in good standing with the State.

 

Town of Erie Liquor License Process

All liquor applications are submitted to the Clerk’s Office via email, online form, or in person. The duties of the Clerk can be found in 4-8-3 of the Municipal Code <https://library.municode.com/co/erie/codes/code_of_ordinances?nodeId=TIT4BURE_CH8ALBE_4-8-3DUTOCL>. Applications are reviewed by the Clerk’s Office for completeness and any derogatory information (nuisance complaints, code violations, or similar issues) that may need to be addressed further. Other departments, including Planning & Development, Finance, Economic Development, and the Erie Police Department, review applications to ensure the business, and its owners, are in good standing with all Town requirements. The applications are always reviewed by the LLA Attorney to advise Town staff if any derogatory information exists related to the application. If there are no issues with the application and the application is deemed complete, the Town Clerk’s Office will administratively approve the application and send it to the State for approval.

 

For renewal applications if there is any derogatory information, a liquor license meeting will be scheduled for the LLA Judge to review the application and either approve or deny the application. For new liquor license applications, a hearing must be scheduled and the LLA Judge will review the application per the Town’s Municipal Code before it is approved and sent to the State. Once the State has approved the application, the State will send a license or permit to the Clerk’s Office and, depending on what type of application is submitted, the Clerk will create a local license. All licenses and permits are issued to the liquor licensed establishment. Special event permits (single use events for non-profit organizations) are only issued by the local authority and per State statute are only reported to the State after local approval.

 

Ordinance Background

Through this ordinance Title 4, Chapter 8 of the Erie Municipal Code will be updated to revise various statutory references and alcohol beverage regulations and procedures that are either outdated or inconsistent with State statue and repeal sections that are no longer relevant. In addition, this Ordinance will streamline the Special Event Liquor License process by allowing new applications to be administratively approved by the Town Clerk’s Office and clarify that tasting permits are administratively approved and renewed on an annual basis.

 

COUNCIL PRIORITY(S) ADDRESSED:

ü                     Effective Governance

 

ATTACHMENT(S):                      

1.                     Ordinance 004-2025