Sec. 6-6-111. License hearings.
(a) Notice for hearings on applications for new licenses, denial of a new license, renewals of licenses, approval of major changes and for alleged violations of this Article shall be given to the public in the manner prescribed by state law by posting a notice at least twenty-four (24) inches by twenty-four (24) inches in length in letters at least one (1) inch in height on the proposed premises, publishing a notice in a newspaper of general circulation and publishing to the Town of Telluride website at least fifteen (15) days before the hearing.
(b) The applicant or licensee shall bear the responsibility of setting the matter for a hearing, and publishing and posting notices. If the hearing is for an alleged violation of this Article, however, the clerk to the Authority shall set the matter for a hearing and publish and post notices, which notice of an alleged violation must be provided to licensee at least thirty (30) days prior to the hearing.
(c) All notices shall state the date, time and place of the hearing, the name of the applicant or licensee, the address of the proposed or licensed premises, and the issue before the Authority.
(d) Hearing Procedures.
(1) Hearings shall be conducted in accordance with the procedures outlined in this Article. Where this Article does not address a procedural issue, the procedures in Article 43.4, Title 12, C.R.S., and any other procedural rules enacted pursuant to that article shall apply unless the same are clearly inconsistent with the provisions of this Article.
(2) Failure of an applicant or licensee to appear at any scheduled hearing of which the applicant or licensee has received notice or has himself set, and for which notice was posted and published in compliance with this Article, without a showing of good cause verified by the applicant’s affidavit filed with the Authority within ten (10) days of the scheduled hearing, shall constitute a default and a withdrawal of the application or motion, and a default of any complaint, order to show cause, motion or other matter pending against the licensee. Any such application or motion withdrawn by the applicant or licensee may not be refiled for one (1) year.
(3) After an application has been filed, a hearing on the application has been set, and notice has been published and posted in compliance with this Article, any withdrawal of the application by the applicant shall constitute a denial of the license, unless the Town stipulates that the withdrawal shall not constitute such a denial.
(4) The Authority may adjourn and continue any hearing, at the request of the applicant and with the consent of the Town, to give the applicant an opportunity to fulfill any requirement that has not been met or to make changes to its application.
(5) Every party who has standing to be heard at a hearing shall provide a list of witnesses, exhibits, copies of any statement or reports relevant to the matter to every other party who has standing, along with copies of exhibits, at least ten (10) days before the hearing. No party shall be entitled to any additional discovery and the Authority shall not order additional discovery. (Ord. 1394, 2013; Ord. 1407, 2014; Ord. 1463 §5, 2018. Formerly 6-6-107(b))