City of Durango | City Code | Boards, Commissions and Committees

Chapter 5 BOARDS, COMMISSIONS AND COMMITTEES*

*Editor's note--The city council has adopted resolution number 490 on Standard Rules and Procedures for Boards and Commissions, dated August 1981.

Charter reference(s)--Boards and commissions, art. X, § 7; election commission, art. VI, §§ 2, 3.

Cross reference(s)--Administration, Ch. 2; buildings and building regulations, Ch. 6; licenses and business regulations, Ch. 13; local public improvements, Ch. 14; parks and recreation, Ch. 18; alarm permit review board, § 19-57; streets, sidewalks and other public places, Ch. 21; utilities, Ch. 25; land use and development code, Ch. 27; planning commission, Ch. 27, § 108; land use and development code board of appeals, Ch. 27, § 12-1; building and fire code board of appeals, Ch. 27, § 12-2; design review board, Ch. 27, § 12-3.

Art. I. In General, §§ 5-1--5-15

Art. II. Reserved, §§ 5-16--5-40

Art. III. Reserved, §§ 5-41--5-60

Art. IV. Reserved, §§ 5-61--5-75

Art. V. Reserved, §§ 5-76--5-95

Art. VI. Reserved, §§ 5-96--5-110

Art. VII. Reserved, §§ 5-111--5-130

Art. VIII. Durango Liquor Licensing Authority, §§ 5-131--5-150

Arts. IX--XII. Reserved

ARTICLE I. IN GENERAL

Secs. 5-1--5-15. Reserved.

ARTICLES II--VII. RESERVED*

* Editors Note: Ord. No. O-2002-6, § 1, adopted Apr. 2, 2002 repealed Art. II, §§ 5-16--5-25 which pertained to Durango-LaPlata County Airport Commission and derived from Code 1962, §§ 2-4-1--2-4-10; Ord. No. 1995-8, § 1, adopted Mar. 21, 1995.
Editors Note: Section 1(a) of Ord. No. 1989-9, adopted Apr. 4, 1989, repealed Art. III of Ch. 5. Prior to repeal, Art. III, §§ 5-41--5-48, pertained to the board of adjustment, and was derived from Code 1962, §§ 2-3-1--2-3-9. See now Art. 12 of Ch. 27.
Editors Note: Ord. No. O-2002-6, § 2, adopted Apr. 2, 2002 repealed Art. IV, §§ 5-61, 5-62 which pertained to cemetery and derived form Code 1962, § 9-7-2.
Editors Note: Section 1(b) of Ord. No. 1989-9, adopted Apr. 4, 1989, repealed Art. V of Ch. 5. Prior to such repeal, Art. V, §§ 5-76--5-81, pertained to the design review board, and was derived from Code 1962, §§ 2-11-1--2-11-5. For current provisions relative to the design review board, see Ch. 27, Art. 12, § 12-3.
Editors Note: Ord. No. 1989-1, § 1, adopted Jan. 17, 1989, repealed Art. VI, §§ 5-96--5-100, in their entirety. Prior to such repeal, Art. VI pertained to the Durango Commission on the Arts, and was derived from Code 1962, §§ 2-12-1--2-12-4. The editors have reserved Art. VI for future use.
Editors Note: Ord. No. O-2002-6, § 3, adopted Apr. 2, 2002 repealed Art. VII, §§ 5-111-5-116 which pertained to library advisory board and derived from Ord. No. 1987-1, § 2, adopted Feb. 3, 1987.

Secs. 5-16--5-130. Reserved.

ARTICLE VIII. DURANGO LIQUOR LICENSING AUTHORITY*

*Editor's note--There has been adopted "Rules and Procedures for the Durango Liquor Licensing Authority, January 1985." Section 1 of Ord. No. 1993-22, adopted Nov. 16, 1993, amended this article to read as herein set out. Prior to such amendment, Art. VIII consisted of §§ 5-131--5-139, which pertained to local liquor licensing authority and derived from §§ 2-10-1--2-10-9 of the 1962 Code and § 1 of Ord. No. 1991-9, adopted July 16, 1991.

Cross reference(s)--Alcoholic beverages, Ch. 3; licenses and business regulations, Ch. 13.

State law reference(s)--Defined, C.R.S. § 12-47-103.

Sec. 5-131. Created.

There is hereby established a local liquor licensing authority which shall be known as the Durango Liquor Licensing Authority and which shall have and is hereby vested with the following authority:

(1) The scheduling and holding of hearings in conjunction with applications for new licenses under the Colorado Beer Code or the Colorado Liquor Code;

(2) The scheduling and holding of necessary hearings in conjunction with any application for a change in location with respect to an existing liquor license within the City of Durango;

(3) The scheduling and holding of any necessary hearings in conjunction with determinations of probable cause and resulting show-cause hearings pertaining to any alleged violations by a licensee of any term or provision of the Colorado Beer Code or Colorado Liquor Code; and

(4) Any other matters pertaining to the issuance or renewal of liquor licenses within the City of Durango which have not been specifically delegated to the office of the city clerk pursuant to the terms of this article.

In addition to the foregoing specific powers, the Authority shall have the authority to designate and assess fees, to promulgate rules and regulations as provided by law, to conduct investigations as may be required by law, and to suspend or revoke licenses for cause in the manner provided by law. The Durango Liquor Licensing Authority shall have all of the powers and be subject to all other restrictions as set forth in Articles 46, 47 and 48 of Title 12, Colorado Revised Statutes, as the same may be amended, repealed or reenacted.

(Ord. No. 1993-22, § 1, 11-16-93)

Sec. 5-132. Delegation of authority to office of city clerk.

There is hereby delegated to the office of the city clerk, the necessary power and authority to accomplish the following:

The examination and administrative approval of applications for:

(1) Special events permits.

(2) License renewals.

(3) Registration of manager.

(4) Changes in corporate structure.

(5) Transfers of ownership.

(6) Modifications of premises.

(7) Changes of trade name or corporate name.

(Ord. No. 1993-22, § 1, 11-16-93)

Sec. 5-133. Membership of authority; appointment; term; compensation; vacancies.

(a) The Durango Liquor Licensing Authority shall consist of three (3) members, one (1) of whom shall be the city manager. The remaining two (2) members of the authority shall be residents of the city and shall be appointed by the city council.

(b) Appointments by the city council shall be for a three-year term commencing on the first day of January and expiring on the thirty-first day of December at the completion of the three-year term.

(c) Vacancies created by the death, resignation or disqualification of a member of the authority shall be filled by appointment of the city council and such appointments shall be for the remainder of the unexpired term. Except as provided under section 5-140, members of the Durango Liquor Licensing Authority shall serve throughout their designated terms and until their successors are appointed. Members of the authority shall serve without compensation.

(d) No person shall serve or continue to serve as a member of the Durango Liquor Licensing Authority who is, or shall become a member of the City Council. Further, no person shall serve or continue to serve as a member of the Durango Liquor Licensing Authority if that person or any member of his immediate family shall or may hereafter obtain any financial interest in the operation of any business issued a license relating to the sale or dispensation of fermented malt beverages or alcoholic beverages pursuant to Articles 46 or 47 of Title 12, Colorado Revised Statutes, as amended.

(Ord. No. 1993-22, § 1, 11-16-93)

Sec. 5-134. Organization.

The city manager shall serve as chairman of the Durango Liquor Licensing Authority and shall preside over all proceedings and hearings of the authority. The Durango Liquor Licensing Authority shall also select from its membership a vice chairman who shall preside over proceedings and hearings of the authority in the absence of the chairman. The Durango Liquor Licensing Authority shall have and is hereby granted the power and authority to create and fill such other offices as it may determine to be necessary from time to time. The term of the appointed officers, other than the chairman, shall be for a period of one (1) year, with eligibility for reelection.

(Ord. No. 1993-22, § 1, 11-16-93)

Sec. 5-135. City clerk as secretary.

The city clerk shall serve as the secretary of the Durango Liquor Licensing Authority, but shall not be entitled to vote on any matters coming before the authority. The city clerk shall, as official secretary of the Durango Liquor Licensing Authority, designate a person to provide necessary notice of meetings to members and shall also provide secretarial and reporting services for the authority. The secretary shall prepare and keep minutes of the meetings of the authority. The records of such meetings, if any, shall be submitted monthly to the city council and shall become part of the permanent records of the city to be maintained by the city clerk.

(Ord. No. 1993-22, § 1, 11-16-93)

Sec. 5-136. Meetings; public records; quorum.

(a) The Durango Liquor Licensing Authority shall meet, as needed, for purposes of considering one (1) or more matters as set forth in section 5-131. The city clerk shall notify the chairman of the authority of the need for a meeting of the authority and shall thereafter give notice to members of the authority regarding the date, time and location of such meeting. Whenever practical, at least seven (7) days' prior notice of the meeting shall be furnished to members of the authority.

(b) All meetings of the Durango Liquor Licensing Authority shall be held at Durango City Hall, 949 East 2nd Avenue, Durango, Colorado 81301 and shall be open to the public. The authority shall keep a record of its meetings, resolutions, transactions, findings, determinations and correspondence, which records shall be open to public inspection at all reasonable times.

(c) A majority of the membership of the Durango Liquor Licensing Authority shall constitute a quorum. The existence of a quorum shall be a requirement for the transaction of any business by the authority. In voting upon the adoption of any course of action to be taken, whether the same be by motion or resolution of the authority, the same must be carried by the affirmative vote of a majority of those members present and entitled to vote. All decisions of the Durango Liquor Licensing Authority shall be final, subject only to appeal to a court of competent jurisdiction as provided by applicable state law.

(Ord. No. 1993-22, § 1, 11-16-93)

Sec. 5-137. Establishment of fees.

(a) All fees heretofore established by the local liquor licensing authority prior to the repeal and reenactment of this Article VIII of Chapter 5 of the Code of Ordinances of the City of Durango shall remain in effect until such time as new fees have been established by the Durango Liquor Licensing Authority created pursuant to this article. The Durango Liquor Licensing Authority shall have the power and authority to establish fees through the adoption of a resolution approved by a majority of the membership of the authority. Such fees shall include, but need not be limited to the following:

(1) All fees specified and in the amounts set forth in Articles 46, 47 and 48 of Title 12, Colorado Revised Statutes;

(2) Application and investigation fees as determined by the authority for applications for fermented malt beverages and alcoholic beverages licenses to cover the actual and necessary expenses to the city of such applications; provided, however, such fees shall be subject to the limitations expressed by state law as to the maximum amounts which may be charged in conjunction with applications relating to new licenses, transfers of location or ownership of existing licenses or applications for renewal of existing licenses;

(3) Fees determined by the authority in conjunction with applications for special event permits for the investigation and issuance of such permits; provided, however, such fees shall be subject to the limitations set forth under applicable state law.

(b) The Durango Liquor Licensing Authority shall defray its actual expenses of operation from fees to be paid by applicants pursuant to the foregoing and no fund shall be budgeted by the city for purposes of separately funding the activities of the Durango Liquor Licensing Authority.

(Ord. No. 1993-22, § 1, 11-16-93)

Sec. 5-138. Duties; applications of state regulations.

(a) The duty of the Durango Liquor Licensing Authority shall be to exercise and perform all functions of the local liquor licensing authority as that term is defined in Articles 46, 47 and 48 of Title 12, Colorado Revised Statutes, as the same may be hereafter amended, repealed or reenacted. The Durango Liquor Licensing Authority shall be empowered and directed to make such investigations and hold such hearings as it deems necessary or appropriate in connection with its determination concerning those matters set forth in section 5-131 of this article.

(b) The Durango Liquor Licensing Authority shall be governed by state law as the same may now be in effect or subsequently amended pertaining to the issuance, suspension or revocation of licenses and special events permits for the sale of retail malt, vinous or spirituous liquors and fermented malt beverages. The Durango Liquor Licensing Authority shall also be governed by the rules and regulations promulgated by the executive director of the department of revenue of the state licensing authority, which shall apply to the licensing of fermented malt beverages and malt, vinous and spirituous liquors within the city. In the event of a conflict between state law or rules and regulations promulgated by the executive director of the department of revenue of the state and any provisions set forth in this article, the state law or rule or regulation shall control.

(c) The Durango Liquor Licensing Authority shall have the power to make reasonable rules and regulations with respect to its activities, the form of applications to be submitted to the authority, and other documentation to be required or procedures to be followed in connection with said applications as provided by Articles 46, 47 and 48 of Title 12, Colorado Revised Statutes.

(Ord. No. 1993-22, § 1, 11-16-93)

Sec. 5-139. Attendance policy.

If a member of the Durango Liquor Licensing Authority is absent for three (3) consecutive meetings of the authority without cause, the office of such member shall be deemed to be vacant and the term of such member terminated. The Durango Liquor Licensing Authority shall immediately inform the city council of such termination and the city council shall appoint a member to serve on the authority for the remainder of the unexpired term as provided in section 5-133 of this Article VIII. An absence due to illness or absence from the city and notice thereof to the authority on or before the day of any regular meeting by such authority shall be deemed absence for cause. A meeting as provided for under the motion or resolution adopted by the Durango Liquor Licensing Authority pursuant to the terms hereof or any regularly advertised public hearing shall be deemed a regular meeting for purposes of this section.

(Ord. No. 1993-22, § 1, 11-16-93)

Sec. 5-140. Resignation; removal.

Any member of the Durango Liquor Licensing Authority, other than the city manager, may resign at will by giving ten (10) days' written notice of resignation to the city council. Any member of the Durango Liquor Licensing Authority may be removed for cause by action of the city council; provided, however, that at least ten (10) days' written notice of impending removal shall be given. Any member so removed may request a public hearing with respect to such removal. Should such removal be effective after the public hearing, the city council shall immediately thereafter appoint a member to the authority for the remainder of the unexpired term as provided for in section 5-133 of this Article VIII.

(Ord. No. 1993-22, § 1, 11-16-93)

Secs. 5-141--5-150. Reserved.

ARTICLE IX. RESERVED*

*Editor's note--Ord. No. 1989-9, § 1(c), adopted April 4, 1989, repealed Art. IX of Ch. 5. Formerly, Art. IX, §§ 5-151--5-160, pertained to the planning commission, and was derived from Code 1962, §§ 2-2-1--2-2-10. For current provisions relative to the planning commission, see Ch. 27, Art. 1, § 1-8, and Art. 12, § 12-4.

Secs. 5-151--5-175. Reserved.

ARTICLE X. RESERVED*

* Editors Note: Ord. No. O-2002-6, § 4, adopted Apr. 2, 2002 repealed Art. X, §§ 5-176--5-179 which pertained to transit advisory board and derived from Code 1962, §§ 2-13-1--2-13-4.

Secs. 5-176--5-190. Reserved.

ARTICLE XI. RESERVED*

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* Editors Note: Ord. No. O-2002-6, § 5, adopted Apr. 2, 2002 repealed Art. XI, §§ 5-191--5-199 which pertained to water commission and derived from Code 1962, §§ 2-5-1--2-5-6, 2-5-8, 2-5-9.
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Secs. 5-191--5-215. Reserved.

ARTICLE XII. RESERVED*

*Editor's note--Ord. No. 1987-2, § 1, adopted Feb. 17, 1987, repealed. Art. XII, §§ 5-216--5-220, in their entirety. Prior to repeal, Art. XII pertained to the Durango Tourism Board and the formation and operation thereof, and was derived from Code 1962, § 5-18-13(A)--(E).