Chapter 5.16 - Liquor and Marijuana Licensing Board

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5.16.010 Licensing Authority.

There is hereby created the Pueblo County Liquor and Marijuana Licensing Board (the “Liquor and Marijuana Licensing Board”), which shall be the local licensing authority for the regulating of the sale of beer and alcoholic liquors as authorized by Articles 46, 47 and 48 of Title 12, C.R.S., the regulating of the sale of marijuana as authorized by Articles 43.3 and 43.4 of Title 12, C.R.S., and the regulating of dance halls as authorized by Article 18 of Title 12, C.R.S., and shall possess all powers given to local licensing authorities by the provisions of said statutes and rules and regulations promulgated thereunder. (Res. 15-038)

5.16.020 Members.

A.  The Liquor and Marijuana Licensing Board shall consist of seven (7) members appointed by and serving at the pleasure of the Board of County Commissioners.

B.  Each member of the Liquor and Marijuana Licensing Board shall serve for a term of three (3) years, except that the initial appointments shall be for such shorter or longer periods as the Board of County Commissioners deems necessary to create staggered termination dates.

C.  A vacancy shall be filled in the same manner as the original appointment. Appointees to fill vacancies shall serve the remainder of the unexpired term and until their successors have been duly appointed and qualified.

D.  No member of the Liquor and Marijuana Licensing Board may hold, or have any direct or indirect financial interest in, any marijuana establishment, liquor or dance hall license.

E. At the Liquor and Marijuana Licensing Board’s first regular meeting on February 23, 2015, and in February each year thereafter, the Liquor and Marijuana Licensing Board shall elect one (1) of its members to act as Chairperson.  The Chairperson or other presiding member of the Board may administer oaths during any hearing or other meeting where testimony is taken. (Res. 15-038 and 16-192)

5.16.030 Meetings.

A.  Regular meetings of the Liquor and Marijuana Licensing Board shall be held in the Board of County Commissioners Chambers on the second Monday of each month, commencing at 6:00 p.m. The Director of Planning and Development and the Chair of the Liquor and Marijuana Licensing Board are authorized to call special meetings, as may be necessary, to hear and decide any matter that could otherwise be scheduled at a regular meeting so long as the meetings and agenda items are properly noticed. 

B.  A majority of the Liquor and Marijuana Licensing Board shall constitute a quorum for the conduct of its business.  All decisions of the Liquor and Marijuana Licensing Board shall be by majority vote. (Res. 15-038 and 16-297)

5.16.040 Powers.

A.  The Liquor and Marijuana Licensing Board may prescribe terms, conditions or provisions as it may deem necessary to carry out its exercise of police powers, provided that such terms, conditions or provisions do not conflict with the laws of the State or ordinances and resolutions of Pueblo County.  The Liquor and Marijuana Licensing Board may adopt rules or administrative provisions for its internal governance upon approval by the Board of County Commissioners.

B.  The Liquor and Marijuana Licensing Board shall act as the local licensing authority for Pueblo County authorized to regulate and control beer and alcoholic liquor licensing as provided by Articles 46, 47 and 48 of Title 12, C.R.S., and Chapter 5.04 of this Title 5.

C.  The Liquor and Marijuana Licensing Board shall act as the local licensing authority for Pueblo County authorized to regulate and control medical marijuana and retail marijuana licensing as provided by Articles 43.3 and 43.4 of Title 12, C.R.S., and Chapter 5.12 of this Title 5.

D.  The Liquor and Marijuana Licensing Board shall act as the local licensing authority for Pueblo County authorized to regulate and control dance hall licensing as provided by Article 18 of Title 12, C.R.S. (Res. 15-038)

5.16.050 Appeal of Decision

To the extent permitted by state law, any party aggrieved by a final decision of the Liquor and Marijuana Licensing Board may appeal to the district court. (Res. 15-038 and 16-192)

5.16.060 Staff to the Board.

The Pueblo County Department of Planning and Development shall serve as primary staff to the Liquor and Marijuana Licensing Board responsible for all administrative tasks necessary to assist the Board in carrying out its duties, including but are not limited to receipt of applications and fees, scheduling hearings, coordinating with applicants and other interested parties, any required conducting prehearing investigations, and compiling minutes.  The Director of the Department may coordinate with other departments for assistance when the needs of the Board so require. (Res.16-192)