ORDINANCE NO. 1639

AN ORDINANCE AMENDING THE LIQUOR AND FERMENTED MALT BEVERAGE OCCUPATIONAL TAX.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION, COLORADO:

1. That the definition of 3.2 beer in Section 4-12 of the Code of Ordinances of the City of Grand Junction be amended to read as follows:

"3.2 beer or FERMENTED MALT BEVERAGE. Malt liquor as herein defined containing not more than 3.2% of alcohol by weight."

2. That Section 4-13 of the Code of Ordinances of the City of Grand Junction be amended to read as follows:

"Sec. 4-13 Businesses classified.

The business of selling at retail, any malt, vinous or spirituous liquor other than medicinal liquors, for beverage purposes is hereby defined and separately classified as such occupation for the purposes of this article as follows:

(a) Class "A" operators. All operators who are licensed to sell beer, wine and spirituous liquors for consumption on the premises either as hotels or restaurants OR UNDER A BEER AND WINE LICENSE shall be class "A" operators.

(b) Class "B" operators. All operators licensed to sell malt or vinous liquors only by the drink for consumption on the premises AS TAVERNS shall be Class "B" operators.

(c) Class "C" operators. All operators licensed as retail liquor stores to sell malt, vinous or spirituous liquors in original containers for consumption off the premises, shall be Class "C" operators.

(d) Class "D" operators. All operators licensed as drug stores to sell malt, vinous or spirituous liquors in original containers for consumption off the premises, shall be Class "D" operators.

(e) Class "E" operators. All operators licensed to sell malt, vinous or spirituous liquors as clubs as Class "E" operators.

(f) Class "F" operators. All operators who are licensed to sell BEER, WINE AND SPIRITUOUS LIQUORS FOR CONSUMPTION ON THE PREMISES AS RACE TRACKS SHALL BE CLASS "F" OPERATORS.

(g) Class "G" operators. All operators licensed to sell FERMENTED MALT BEVERAGE FOR CONSUMPTION ON THE PREMISES WHERE SUCH CONSUMPTION IS IN A RESTAURANT TO CUSTOMERS OF THE RESTAURANT AND ONLY IF MEALS ARE ACTUALLY AND REGULARLY SERVED AND PROVIDE NOT LESS THAN TWENTY-FIVE PERCENT OF THE GROSS INCOME OF THE LICENSED PREMISES ARE CLASS "G" OPERATORS.

(h) CLASS "H" OPERATORS. ALL OPERATORS LICENSED TO SELL FERMENTED MALT BEVERAGE FOR CONSUMPTION ON THE PREMISES, OR FOR BOTH CONSUMPTION ON THE PREMISES AND IN THE ORIGINAL PACKAGE OR CONTAINER FOR CONSUMPTION OFF THE PREMISES, WHERE THE CONSUMPTION ON THE PREMISES IS NOT TO CUSTOMERS IN A RESTAURANT WHERE MEALS ARE ACTUALLY AND REGULARLY SERVED AND PROVIDE NOT LESS THAN TWENTY-FIVE PERCENT OF THE GROSS INCOME OF THE LICENSED PREMISES ARE CLASS "H" OPERATORS.

(i) CLASS "I" OPERATORS. ALL OPERATORS LICENSED TO SELL ONLY 3.2% BEER OR FERMENTED MALT BEVERAGE AND WHO SELL THE SAME SOLELY IN THE ORIGINAL PACKAGE OR CONTAINER FOR CONSUMPTION OFF THE PREMISES SHALL BE CLASS "I" OPERATORS.

(j) CLASS "J" OPERATORS. ALL OPERATORS LICENSED TO SELL MALT VINOUS AND SPIRITUOUS LIQUOR UNDER AN ARTS LICENSE SHALL BE CLASS "J" OPERATORS."

3. That Section 4-15 of the Code of Ordinances of the City of Grand Junction shall be amended to read as follows:

"Sec. 4-15. Tax Levied.

There is hereby levied and assessed for the year 1977 and for each year thereafter an annual occupational tax upon the business of selling FERMENTED MALT BEVERAGE OR 3.2% beer, malt, vinous or spirituous liquors, except medicinal liquors, in the city, as said occupation has been herein classified as follows:

(a) For all Class "A" operators the sum of $300.

(b) For all Class "B" operators the sum of $500.

(c) For all Class "C" operators the sum of $300.

(d) For all Class "D" operators the sum of $300.

(e) For all Class "E" operators the sum of $150.

(f) For all Class "F" operators the sum of $300.

(g) For all Class "G" operators the sum of $100.

(h) For all Class "H" operators the sum of $300.

(i) For all Class "I" operators the sum of $100.

(j) For all Class "J" operators the sum of $150."

PASSED and ADOPTED this 17th day of November, 1976.

Lawrence L. Kozisek

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President of the Council

Attest:

Neva B. Lockhart

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City Clerk

I HEREBY CERTIFY that the foregoing ordinance, being Ordinance No. 1639, was introduced, read, and ordered published by the City Council of the City of Grand Junction, Colorado, at a regular meeting of said body held on the 3rd day of November, 1976, and that the same was published in The Daily Sentinel, a newspaper published and in general circulation in said City, at least ten days before its final passage.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 18th day of November, 1976.

Neva B. Lockhart

____________________

Neva B. Lockhart

City Clerk

Published: November 5, 1976

Published: November 19, 1976

Effective: December 20, 1976