§ 6-5. Penalties.

(a)

Except as otherwise provided in this section 6-5, any violation of this chapter shall be punishable by a fine not to exceed the limits established in section 1-5.

(b)

Any licensee or permit holder who violates, or any licensee or permit holder whose employees violate, any of the terms of this chapter or of Title 44, Articles 3, 4 and 5, C.R.S, or the rules and regulations related thereto, shall be subject to suspension or revocation of his or her license pursuant to the laws of the State, the imposition of a fine in lieu of suspension under the provisions of Section 44-3-601(3), C.R.S., written reprimand, or such other penalty as the licensing authority deems appropriate.

(1)

Revocation or suspension of license. The licensing authority may, on its own motion or on complaint, after investigation and public hearing at which the licensee shall be afforded an opportunity to be heard, suspend or revoke any license or permit issued by the authority for any violation by the licensee or by any of the agents, servants, or employees of such licensee of the provisions of this chapter, or any of the rules or regulations authorized pursuant to this chapter or of any of the terms, conditions, or provisions of the license or permit issued by the authority.

(2)

Fine in lieu of suspension. Whenever a decision of the licensing authority suspending a license for 14 days or less becomes final, whether by failure of the licensee to appeal the decision or by exhaustion of all appeals and judicial review, the licensee may, before the operative date of the suspension or such earlier date as the licensing authority may designate in its decision, petition the authority for permission to pay a fine in lieu of having the license suspended for all or part of the suspension period. The authority may, in its sole discretion and otherwise in accordance with the authority's sentencing guidelines, stay the proposed suspension in part or in whole and grant the petition if it finds, after any investigation that it deems desirable, that:

(i)

The public welfare and morals would not be impaired by permitting the licensee to operate during the period set for suspension and that the payment of the fine in lieu of suspension will achieve the desired disciplinary purpose; and

(ii)

The books and records of the licensee are kept in such a manner that the loss of sales during the proposed suspension can be determined with reasonable accuracy therefrom; and

(iii)

The licensee has not had its license suspended or revoked nor had any suspension stayed by payment of a fine in lieu of suspension during the two years immediately preceding the date of the motion or complaint which has resulted in a final decision to suspend the license.

(c)

Payment of any fine in lieu of suspension shall be in the form of cash, a certified check or a cashier's check payable to the city. Such fine in lieu of suspension shall be paid into the general fund of the city.

(d)

The licensing authority may grant such conditional or temporary stays as are necessary for it to complete its investigations, to make its findings as specified in subsection (a) above, and to grant a permanent stay of the entire or part of the suspension. If no permanent stay is granted, the suspension shall go into effect on the operative date finally set by the licensing authority.

(e)

In this section 6-5(b) "fine in lieu of suspension" means a form of discipline imposed pursuant to this article in lieu of a suspension. Any fine in lieu of suspension shall be the equivalent of 20 percent of the retail licensee's estimated gross revenues from sales of alcoholic beverages during the period of the proposed suspension, except that the fine shall be not less than $200.00 nor more than $5,000.00.

( Ord. No. 4670 , § 1, 12-17-2018)

State law reference

Suspension—Revocation—Fines, C.R.S. § 44-3-601.