ORDINANCE NO. 2215

AN ORDINANCE PROVIDING FOR THE ISSUANCE AND RENEWAL OF CERTAIN LIQUOR AND BEER LICENSES BY A HEARING OFFICER AND CHANGING THE APPEAL PROVISIONS AS TO HEARING OFFICER DECISIONS.

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

1. That the following subsections of Article III of Chapter 4 of the Code of Ordinances of the City of Grand Junction are amended to read:

(a) "Section 4-30. Position of hearing officer established; appointment, term.

In accordance with the permission of 12-46-103(4), C.R.S., 1973, as amended, and 12-47-103(9), C.R.S., 1973, as amended, there is established in the City of Grand Junction, AS THE LICENSING AUTHORITY, the position of hearing officer who shall be appointed by and serve at the whim of the city council."

(b) "Section 4-31. Duties of the hearing officer.

The hearing officer shall conduct all hearings REQUIRED under the Liquor and Beer Codes FOR THE ISSUANCE OF ALL LICENSES, OTHER THAN SPECIAL EVENTS PERMITS, AND SHALL CONDUCT ALL HEARINGS TO DETERMINE THE RENEWAL OF LICENSES, FOR PROPOSED CHANGES OF OWNERSHIP OF LICENSES AND CHANGES OF THE STRUCTURE OF THE LICENSED PREMISES AND FOR PROPOSED CHANGES OF LOCATION OF THE LICENSED PREMISES AND shall conduct all hearings brought under the Codes when violations of the Codes or the Regulations under the Codes have been alleged to have occurred."

2. That Subsection 4-33 is repealed and reenacted to read as follows:

"Section 4-33. Determination of the hearing officer with respect to hearings.

The hearing officer shall make his determination after hearings in accordance with the Liquor and Beer Codes and established legal principles. The decision of the hearing officer shall be final and appeal from that decision shall be to the District Court of the Twenty-first Judicial District."

PASSED and ADOPTED this 5th day of December, 1984.

____________________

President of the Council

Attest:

Neva B. Lockhart, CMC

____________________

City Clerk

I HEREBY CERTIFY that the foregoing ordinance, being Ordinance No. 2215, 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 14th day of November, 1984, 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 6th day of December, 1984.

Neva B. Lockhart

____________________

Neva B. Lockhart, CMC

City Clerk

Published: November 16, 1984

Published: December 7, 1984

Effective: January 6, 1985