Council hears introduction to liquor licensing ordinance
May 28, 2008
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Craig There’s a light at the end of the tunnel.
After talking about restructuring the city’s liquor licensing process for the last four months, the Craig City Council viewed a draft ordinance Tuesday that would do just that. Craig Police Department Chief Walt Vanatta said he had met with about 20 liquor license holders earlier that day and they agreed the draft was a good direction.
The draft ordinance includes provisions to establish an administrative hearing officer to oversee violations and penalties and creates a penalty structure.
The Council retains its position as the liquor licensing authority, and will grant and renew licenses. Councilors felt an independent hearing officer, however, would be more consistent in deciding penalties than the Council’s changing membership.
The push to restructure came after two Police Department compliance checks on liquor license holders, the first in January and a second earlier this month.
In both cases, 10 local license holders were cited for selling alcohol to a minor. The Police Department hired the minor and instructed the person use his or her own underage driver’s license.
Vanatta, in addressing concerns raised by license holders, said that he sees it probably is frustrating to be held accountable for the actions of employees.
“I applaud their efforts” to curb underage drinking, he said. “They’ve been a very willing partner through this whole process. Frankly, I empathize with these folks.”
He added that the city, Police Department and 14th Judicial District Attorney’s Office may need to get together and look at changing the penalties for underage drinkers trying to buy and the specific employees who sell to them.
First offenses for minors trying to buy alcohol may not be enough of a deterrent, Vanatta said.
“I think part of the problem is the punishment for a first offense is deferred prosecution,” he said. “Not much incentive not to drink.”
In the past, license holders felt some tenets of the ordinance were confusing or unfair, such as employee training requirements and how to balance penalties for small and larger businesses.
Vanatta said the draft ordinance makes training standards as clear as possible.
First, training is defined as completing a seminar that meets Colorado Department of Revenue standards.
Second, though training is not required, the hearing officer may use it as a mitigating factor to lessen a penalty. Also, in a case where no training was conducted, the license holder is subject to a mandatory $250 fine in addition to any other penalties.
“We’re encouraging that training, but not requiring it,” Vanatta said.
As to the question of equity between big and small businesses, Vanatta said the ordinance offers a fine in lieu of suspension, which would allow a small business to stay open instead of being forced to close for a time.
Small business owners have said losing their license for 14 days could put them out of business.
The fine would be equal to 20 percent of the store’s alcohol sales during the proposed suspension, but not less than $200 and not more than $5,000.
The Council will review the ordinance for first and second readings at its next two meetings before formally adopting the ordinance.
Mayor Don Jones said the city has been dealing with underage drinking problems for too long.
“Hopefully, this is going to help send the message that we as the Council are not going to take it anymore,” he said.
Collin Smith can be reached at 875-1794 or cesmith@craigdailypress.com
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