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Subdivision I. Generally
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Editor's note: Ord. No. 2016-63, § 3, adopted Dec. 5, 2016, repealed §§ 6-696-79, which pertained to alcohol licenses and permits generally and derived from Code 1979, §§ 5-2, 5-205-24; Ord. No. 97-43, §§ 2, 3, 9—15, adopted Aug. 18, 1997; Ord. No. 2004-63, § 1, adopted Oct. 25, 2004; Ord. No. 2009-10, §§ 2, 3, adopted Feb. 23, 2009; Ord. No. 2010-06, § 1, adopted March 8, 2010; Ord. No. 2013-11, adopted May 6, 2013; Ord. No. 2013-56, §§ 6—12, adopted Jan. 13, 2014; Ord. No. 2014-32, § 1, adopted Oct. 24, 2014; Ord. No. 2015-40, § 1, adopted Oct. 12, 2015. Sections 13—16 of said ordinance enacted new §§ 6-696-72 to amend subdiv. 1 as herein set out.

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(a) Obtaining forms. Application forms required under this article shall be picked up at the office of the local license authority or through the internet. No application will be considered by the local licensing authority which is not complete with all the information required by this article, the state statutes and the rules and regulations adopted pursuant thereto, and such additional information as the local licensing authority deems necessary to facilitate the proper administration of this article, the Colorado Beer Code, the Colorado Liquor Code, the liquor special events code and the rules and regulations adopted pursuant thereto.

(b) Attachments. In addition to the requirements of the Colorado Beer Code, the Colorado Liquor Code, the liquor special event permits code and the rules and regulations adopted pursuant thereto, all applicants for new licenses or changes of location of a licensed business shall be required to submit the interior and plot or site plans of the premises.

(c) Applications for new licenses where no building is as yet in existence.

(1) Any applicant for a license whose building is not in existence at the time of public hearing on the application shall have one year immediately following the date of approval of the license to obtain an occupancy permit issued by the city and to obtain the necessary city and state licenses to begin operating.

(2) Whenever it appears that the applicant shall not be ready to commence business within the prescribed one-year period, the applicant must file an affidavit of due diligence with the local licensing authority, within 30 days prior to the end of the one-year period, requesting an extension of time to complete the structure and obtain an occupancy permit, which extension shall in no case exceed one year, for a total of two years from approval date. The affidavit of due diligence must be accompanied by an extension fee which is not refundable and such fee shall be established by the finance director in accordance with the provisions of section 2-587. The applicant shall be required to demonstrate to the local licensing authority the progress being made toward the completion of the structure and occupancy for the use of the approved license, the due diligence on the part of the applicant and the reasons why the premises have not been completed. The local licensing authority shall consider the applicant's affidavit and, if satisfied that the applicant is diligently making progress toward the timely completion of the building, may extend the approval of the application for an additional period not to exceed one year. No more than one extension shall be granted under this subsection.

(3) If after one year the construction of the proposed outlet has not commenced or if after two years the proposed outlet has not been constructed and placed in operation, the local licensing authority's initial approval of the license application shall expire. The applicant shall not make new application for the same premises for the same type of license within two years from the end of the original period of approval or of any extension thereof. The applicant's failure to proceed with due diligence shall render the local licensing authority's prior approval null and void and shall constitute a denial of the license for failure to meet the needs of the neighborhood as previously determined by the authority.

(4) No license which has been approved for issuance upon completion of the premises shall be transferred to a new owner prior to the issuance of the license to the original applicant.

(d) Taxes and fees. No person shall make application nor shall any application be received by the city for a new liquor license, the transfer of a liquor license, or the renewal of a liquor license under this article until such time as all fees, fines, costs, taxes, penalties and interest due and owing to the city by the applicant or the licensee are paid in full. (Code 1979, § 5-16; Ord. No. 2016-63, § 10, 12-5-2016; Ord. No. 2013-56, §§ 2—5, 1-13-2014; Ord. No. 97-43, §§ 1—3, 6, 8-18-1997)