SENATE BILL 24-231
BY SENATOR(S) Rodriguez and Gardner, Van Winkle;
also REPRESENTATIVE(S) Snyder and Frizell, Bird, Duran, Lindstedt,
Titone, Velasco.
C
ONCERNING IMPLEMENTING CONSENSUS RECOMMENDATIONS OF THE
LIQUOR ADVISORY GROUP CONVENED BY THE DEPARTMENT OF
REVENUE TO CONDUCT A COMPREHENSIVE REVIEW OF
COLORADO'S
LIQUOR LAWS
, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 44-3-103, amend
(11.5)(j), (11.5)(k), (11.5)(l), (15)(c)(XI), (15)(c)(XII), (29), and (38)(b);
and add (2.5), (8.5), (11.5)(m), (14.5), (15)(c)(XIII), (15.5), and (21.5) as
follows:
44-3-103. Definitions. As used in this article 3 and article 4 of this
title 44, unless the context otherwise requires:
(2.5) "A
LCOHOL BEVERAGE SHIPPER LICENSEE " MEANS A PERSON
THAT SHIPS TO CONSUMERS VINOUS LIQUORS THAT IT RECEIVED FROM A
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. WINERY DIRECT SHIPPER'S PERMITTEE PURSUANT TO SECTION 44-3-104.
(8.5) "C
ATERING COMPANY" MEANS A PERSON, NOT INCLUDING
PERSONS IN THE MOBILE FOOD SERVICES INDUSTRY OR FOOD SERVICE
INDUSTRIES
, THAT:
(a) I
S PRIMARILY ENGAGED IN PROVIDING EVENT -BASED ALCOHOL
BEVERAGE SERVICES FOR EVENTS
:
(I) A
T A VENUE THAT DOES NOT POSSESS A LIQUOR LICENSE OR
PERMIT
; AND
(II) THAT HAVE SNACKS AND SANDWICHES AVAILABLE AT THE
EVENT
; AND
(b) HAS EQUIPMENT AND VEHICLES TO TRANSPORT MEALS , ALCOHOL
BEVERAGES
, AND SNACKS TO EVENTS OR TO PREPARE FOOD AT AN
OFF
-PREMISES SITE.
(11.5) "Communal outdoor dining area" means an outdoor space that
is used for food and alcohol beverage service by two or more licensees
licensed under this article 3 or article 4 of this title 44 as a:
(j) Lodging and
Entertainment facility;
(k) Optional premises; or
(l) Fermented malt beverage AND WINE retailer licensed for
consumption on the premises;
OR
(m) LODGING FACILITY.
(14.5) "E
DUCATIONAL CLASS" MEANS A CLOSED EVENT ON THE
PREMISES OF A RETAIL LIQUOR STORE
, DURING WHICH CONSUMERS WHO ARE
TWENTY
-ONE YEARS OF AGE OR OLDER ARE TAUGHT ABOUT ALCOHOL
BEVERAGES THAT ARE SOLD BY THE RETAIL LIQUOR STORE
, INCLUDING, BUT
NOT LIMITED TO
, THE HISTORY OF THE ALCOHOL BEVERAGE , FOOD PAIRINGS,
AND SERVING SUGGESTIONS.
(15) "Entertainment district" means an area that:
PAGE 2-SENATE BILL 24-231 (c) Contains at least twenty thousand square feet of premises that,
at the time the district is created, is licensed pursuant to this article 3 as a:
(XI) Lodging and Entertainment facility licensee; or
(XII) Optional premises; OR
(XIII) LODGING FACILITY LICENSEE.
(15.5) "E
NTERTAINMENT FACILITY" MEANS AN ESTABLISHMENT:
(a) I
N WHICH THE PRIMARY BUSINESS IS TO PROVIDE THE PUBLIC WITH
SPORTS OR ENTERTAINMENT ACTIVITIES WITHIN ITS LICENSED PREMISES
; AND
(b) THAT, INCIDENTAL TO ITS PRIMARY BUSINESS, SELLS AND SERVES
ALCOHOL BEVERAGES AT RETAIL FOR CONSUMPTION ON THE LICENSED
PREMISES AND HAS SANDWICHES AND LIGHT SNACKS AVAILABLE FOR
CONSUMPTION ON THE LICENSED PREMISES
.
(21.5) "I
NFLATION" MEAN THE ANNUAL PERCENTAGE CHANGE IN THE
UNITED STATES DEPARTMENT OF LABOR 'S BUREAU OF LABOR STATISTICS
CONSUMER PRICE INDEX
, OR A SUCCESSOR INDEX , FOR
DENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID BY URBAN CONSUMERS .
(29) "Lodging and entertainment
facility" means an establishment:
that:
(a) Is either: IN WHICH THE PRIMARY BUSINESS IS TO PROVIDE THE
PUBLIC WITH SLEEPING ROOMS AND MEETING FACILITIES
; AND
(I) A lodging facility, the primary business of which is to providethe public with sleeping rooms and meeting facilities; or
(II) An entertainment facility, the primary business of which is to
provide the public with sports or entertainment activities within its licensed
premises; and
(b) Incidental to its primary business, THAT sells and serves alcohol
beverages at retail for consumption on the
LICENSED premises and has
sandwiches and light snacks available for consumption on the
LICENSED
PAGE 3-SENATE BILL 24-231 premises.
(38) (b) Notwithstanding subsection (38)(a) of this section, for a
winery,
LIMITED WINERY, DISTILLERY, OR BREWERY authorized to
manufacture vinous liquors
ALCOHOL BEVERAGES pursuant to section
44-3-402 or 44-3-403, the licensed premises may include up to two
noncontiguous locations, both of which are used for manufacturing
purposes, within a radius of ten miles.
SECTION 2. In Colorado Revised Statutes, 44-3-202, add (4) as
follows:
44-3-202. Duties of state licensing authority - feasibility study -
rules - repeal. (4) (a) (I) B
Y JANUARY 1, 2028, THE STATE LICENSING
AUTHORITY SHALL STUDY THE FEASABILITY OF ADOPTING AN ONLINE PORTAL
SYSTEM THAT
:
(A) A
LLOWS LIQUOR LICENSE APPLICATIONS AND RENEWALS TO BE
COMPLETED ONLINE
;
(B) A
LLOWS A LICENSEE TO HAVE AN ACCOUNT WHERE ALL
RELEVANT LICENSE INFORMATION FOR ALL OF ITS LICENSES IS STORED
; AND
(C) AT THE TIME OF RENEWAL, ENABLES A LICENSEE TO RENEW ITS
LICENSE ONLINE BY UPLOADING ALL REQUIRED DOCUMENTATION
.
(II) A
S PART OF STUDYING THE FEASABILITY OF AN ONLINE PORTAL
SYSTEM
, THE STUDY MUST INCLUDE:
(A) A
PROPOSED TIMELINE FOR IMPLEMENTING THE SYSTEM ;
(B) A
PROPOSED REQUEST FOR PROPOSAL PROCESS FOR DEVELOPING
THE SYSTEM
; AND
(C) THE ESTIMATED COSTS OF DEVELOPING AND IMPLEMENTING THE
SYSTEM
.
(III) I
N ADDITION, THE FEASABILITY STUDY MUST INCLUDE A
REPRESENTATIVE SAMPLE OF LOCAL LICENSING AUTHORITIES THROUGHOUT
THE STATE
.
PAGE 4-SENATE BILL 24-231 (b) BY MARCH 1, 2028, THE STATE LICENSING AUTHORITY SHALL
SUBMIT A REPORT TO THE HOUSE OF REPRESENTATIVES FINANCE COMMITTEE
AND THE SENATE FINANCE COMMITTEE
, OR THEIR SUCCESSOR COMMITTEES,
ON THE FEASABILITY OF DEVELOPING AND IMPLEMENTING AN ONLINE
PORTAL SYSTEM
. THE REPORT MUST INCLUDE THE ELEMENTS SPECIFIED IN
SUBSECTION
(4)(a)(II) OF THIS SECTION.
(c) T
HE STATE LICENSING AUTHORITY MAY ADOPT RULES NECESSARY
TO IMPLEMENT AND ADMINISTER THIS SUBSECTION
(4).
(d) T
HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JANUARY 1, 2029.
SECTION 3. In Colorado Revised Statutes, 44-3-301, amend
(2)(b), (3)(a)(II)(E), (3)(a)(II)(F), (8) introductory portion, (10)(c)(V),
(11)(c)(II) introductory portion, (11)(d), and (11)(e)(I); and add (2)(d),
(2)(e), (3)(a)(II)(G), (3)(a)(II)(H), (10)(g), and (13) as follows:
44-3-301. Licensing in general - rules - tastings - promotional
association - educational classes. (2) (b) A local licensing authority or the
state may DELEGATE ITS LICENSING AUTHORITY TO THE STATE LICENSING
AUTHORITY WHEN AN APPLICANT IS APPLYING FOR OR RENEWING A LICENSE
TO SELL ALCOHOL BEVERAGES AT RETAIL FOR CONSUMPTION ON OR OFF A
LICENSED PREMISES AND THE LICENSED PREMISES IS LOCATED
on
state-owned property. A
LOCAL LICENSING AUTHORITY MAY deny the
issuance of any new tavern or retail liquor store license whenever such
authority determines that the issuance of the license would result in or add
to an undue concentration of the same class of license and, as a result,
require the use of additional law enforcement resources.
(d) T
HE STATE LICENSING AUTHORITY SHALL APPROVE THE
PROPOSED PREMISES FOR A DISTILLERY APPLYING PURSUANT TO SECTION
44-3-402, WHICH PREMISES INCLUDES UP TO TWO NONCONTIGUOUS
LOCATIONS USED FOR MANUFACTURING SPIRITUOUS LIQUORS
, OR A
MODIFICATION OF THE LICENSED PREMISES OF A DISTILLERY LICENSED
PURSUANT TO SECTION
44-3-402 TO INCLUDE UP TO TWO NONCONTIGUOUS
LOCATIONS USED FOR MANUFACTURING SPIRITUOUS LIQUORS
, IF THE
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU OF THE
UNITED STATES
DEPARTMENT OF THE TREASURY HAS APPROVED THE DESCRIPTION AND
DIAGRAM OF THE PROPOSED OR MODIFIED PREMISES
. ADDITIONALLY, WITH
THE INITIAL LICENSE APPLICATION THAT INCLUDES NONCONTIGUOUS
PAGE 5-SENATE BILL 24-231 LOCATIONS WITHIN THE PROPOSED PREMISES OR A SUBSEQUENT APPLICATION
TO MODIFY THE PREMISES TO INCLUDE NONCONTIGUOUS LOCATIONS
, THE
LICENSEE SHALL SUBMIT PROOF FROM THE LOCAL LICENSING AUTHORITY IN
WHICH THE PREMISES IS LOCATED OF COMPLIANCE WITH ALL APPLICABLE
ZONING
, BUILDING, FIRE, AND OTHER REQUIREMENTS FOR OCCUPANCY AND
OPERATION
. THE STATE LICENSING AUTHORITY MAY , BY RULE, ESTABLISH A
ONE
-TIME APPLICATION FEE AND AN ANNUAL RENEWAL FEE , NEITHER OF
WHICH MAY EXCEED FIVE HUNDRED DOLLARS PER LOCATION
, FOR
APPLICATIONS UNDER THIS SUBSECTION
(2)(d).
(e) T
HE STATE LICENSING AUTHORITY SHALL APPROVE THE PROPOSED
PREMISES FOR A BREWERY APPLYING PURSUANT TO SECTION
44-3-402,
WHICH PREMISES INCLUDES UP TO TWO NONCONTIGUOUS LOCATIONS USED
FOR MANUFACTURING MALT LIQUORS
, OR A MODIFICATION OF THE LICENSED
PREMISES OF A BREWERY LICENSED PURSUANT TO SECTION
44-3-402 TO
INCLUDE UP TO TWO NONCONTIGUOUS LOCATIONS USED FOR
MANUFACTURING MALT LIQUORS
, IF THE ALCOHOL AND TOBACCO TAX AND
TRADE BUREAU OF THE
UNITED STATES DEPARTMENT OF THE TREASURY HAS
APPROVED THE DESCRIPTION AND DIAGRAM OF THE PROPOSED OR MODIFIED
PREMISES
. ADDITIONALLY, WITH THE INITIAL LICENSE APPLICATION THAT
INCLUDES NONCONTIGUOUS LOCATIONS WITHIN THE PROPOSED PREMISES OR
A SUBSEQUENT APPLICATION TO MODIFY THE PREMISES TO INCLUDE
NONCONTIGUOUS LOCATIONS
, THE LICENSEE SHALL SUBMIT PROOF FROM THE
LOCAL LICENSING AUTHORITY IN WHICH THE PREMISES IS LOCATED OF
COMPLIANCE WITH ALL APPLICABLE ZONING
, BUILDING, FIRE, AND OTHER
REQUIREMENTS FOR OCCUPANCY AND OPERATION
. THE STATE LICENSING
AUTHORITY MAY
, BY RULE, ESTABLISH A ONE-TIME APPLICATION FEE AND AN
ANNUAL RENEWAL FEE
, NEITHER OF WHICH MAY EXCEED FIVE HUNDRED
DOLLARS PER LOCATION
, FOR APPLICATIONS UNDER THIS SUBSECTION (2)(e).
(3) (a) (II) For purposes of this section, each of the following is
considered a single business and location:
(E) A winery
OR LIMITED WINERY licensed pursuant to section
44-3-402 or 44-3-403 that has noncontiguous locations included in the
licensed premises; and
(F) A festival at which more than one licensee participates pursuant
to a festival permit. A BREWERY LICENSED PURSUANT TO SECTION 44-3-402
THAT HAS NONCONTIGUOUS LOCATIONS INCLUDED IN THE LICENSED
PAGE 6-SENATE BILL 24-231 PREMISES;
(G) A
DISTILLERY LICENSED PURSUANT TO SECTION 44-3-402 THAT
HAS NONCONTIGUOUS LOCATIONS INCLUDED IN THE LICENSED PREMISES
;
AND
(H) A FESTIVAL AT WHICH MORE THAN ONE LICENSEE PARTICIPATES
PURSUANT TO A FESTIVAL PERMIT
.
(8) Each licensee holding a fermented malt beverage
AND WINE
on-premises license or on- and off-premises license, beer and wine license,
hotel and restaurant license,
LODGING FACILITY LICENSE, tavern license,
lodging and
entertainment FACILITY license, club license, arts license, or
racetrack license shall manage the premises himself or herself or employ a
separate and distinct manager on the premises and shall report the name of
the manager to the state and local licensing authorities. The licensee shall
report any change in managers to the state and local licensing authorities
within thirty days after the change. When a hotel and restaurant,
LODGING
FACILITY
, tavern, or lodging and
entertainment FACILITY licensee reports a
change in manager to the state and local licensing authority AUTHORITIES,
the licensee shall pay:
(10) (c) Tastings are subject to the following limitations:
(V) The licensee may conduct tastings only during the operating
hours in which the licensee on whose premises the tastings occur is
permitted to sell alcohol beverages, and in no case earlier than 11 a.m.
10
A.M. or later than 9 p.m.
(g) (I) A
N OFF-PREMISES RETAILER MAY CONDUCT A TASTING OF
ALCOHOL BEVERAGES FROM THE OFF
-PREMISES RETAIL LICENSEE'S EXISTING
INVENTORY
.
(II) O
FF-PREMISES RETAILERS MAY HOLD TASTINGS , SUBJECT TO
RESTRICTIONS AS TO THE SERVING SIZE OF ANY ONE SAMPLE AND OVERALL
TOTAL AMOUNTS OF ALL ALCOHOL BEVERAGES THAT ARE TASTED
. THE
TOTAL AMOUNT OF ALCOHOL BEVERAGES TO BE SAMPLED AT A TASTING
SHALL BE LIMITED TO
, REGARDLESS OF THE NUMBER OF ITEMS BEING TASTED ,
NOT MORE THAN FOUR OUNCES OF MALT LIQUOR , FOUR OUNCES OF VINOUS
LIQUOR
, AND TWO OUNCES OF SPIRITUOUS LIQUOR PER CUSTOMER PER DAY .
PAGE 7-SENATE BILL 24-231 (11) (c) (II) An association or licensed tavern, lodging and
entertainment facility, LODGING FACILITY, hotel and restaurant, brew pub,
distillery pub, retail gaming tavern, vintner's restaurant, beer and wine
licensee, manufacturer or beer wholesaler that operates a sales room, or
limited winery that wishes to create a promotional association may submit
an application to the local licensing authority. To qualify for certification,
the promotional association must:
(d) A person shall not attach a premises licensed under this article
3 to a common consumption area unless authorized by the local licensing
authority. Any noncontiguous location included in the licensed premises of
a winery,
LIMITED WINERY, DISTILLERY, OR BREWERY licensed pursuant to
section 44-3-402 or 44-3-403 that falls outside the approved boundaries of
an entertainment district or a common consumption area authorized
pursuant to this subsection (11) shall not be included as part of a certified
promotional association or entertainment district even though the licensed
premises of that winery,
LIMITED WINERY, DISTILLERY, OR BREWERY is
within the entertainment district.
(e) (I) A licensed tavern, lodging and
entertainment facility,
LODGING FACILITY, hotel and restaurant, brew pub, distillery pub, retail
gaming tavern, vintner's restaurant, beer and wine licensee, manufacturer
or beer wholesaler that operates a sales room, limited winery, or optional
premises that wishes to attach to a common consumption area may submit
an application to the local licensing authority. To qualify, the licensee must
include a request for authority to attach to the common consumption area
from the certified promotional association of the common consumption area
unless the promotional association does not exist when the application is
submitted. If so
THE PROMOTIONAL ASSOCIATION EXISTS WHEN THE
APPLICATION IS SUBMITTED
, the applicant shall request the authority when
a promotional association is certified and shall demonstrate to the local
licensing authority that the authority has been obtained by the time the
applicant's license issued under this article 3 is renewed.
(13) (a) A
PERSON LICENSED PURSUANT TO SECTION 44-3-409 MAY
HOLD EDUCATIONAL CLASSES PURSUANT TO THIS SUBSECTION
(13) AND MAY
CHARGE A FEE FOR THE EDUCATIONAL CLASSES IT HOLDS
; EXCEPT THAT THE
LICENSEE SHALL NOT CHARGE A FEE BY THE DRINK
.
(b) A
LICENSEE AUTHORIZED UNDER THIS SUBSECTION (13) TO HOLD
PAGE 8-SENATE BILL 24-231 EDUCATIONAL CLASSES SHALL NOT ALLOW CLASS PARTICIPANTS TO
PARTICIPATE IN ANY OTHER TASTING EVENTS ON THE LICENSED PREMISES
HELD ON THE SAME DAY AND SHALL IMPLEMENT A MEANS OF TRACKING HOW
MANY SAMPLES EACH CLASS PARTICIPANT IS PROVIDED
, WHICH MAY
INCLUDE THE USE OF A WRISTBAND OR OTHER MEANS OF ACCURATELY
TRACKING AN INDIVIDUAL CLASS PARTICIPANT
'S CONSUMPTION.
(c) I
N ORDER TO TEACH AN EDUCATIONAL CLASS PURSUANT TO THIS
SUBSECTION
(13), A CLASS INSTRUCTOR MUST HAVE SUCCESSFULLY
COMPLETED THE RESPONSIBLE ALCOHOL BEVERAGE VENDOR TRAINING
PROVIDED IN SECTION
44-3-1002.
(d) N
OTWITHSTANDING ANY LAW TO THE CONTRARY , A WHOLESALER
OR MANUFACTURER MAY PROVIDE ALCOHOL BEVERAGES FOR AN
EDUCATIONAL CLASS HELD BY A LICENSEE PURSUANT TO THIS SUBSECTION
(13). SUCH ALCOHOL BEVERAGES MUST BE USED ONLY FOR THE SPECIFIC
EDUCATIONAL CLASS FOR WHICH THE ALCOHOL BEVERAGES WERE PROVIDED
.
A
WHOLESALER OR MANUFACTURER THAT PROVIDES ALCOHOL BEVERAGES
FOR AN EDUCATIONAL CLASS SHALL REMOVE ALL UNOPENED PRODUCTS
THAT REMAIN AT THE END OF THE CLASS
. OPENED, UNFINISHED ALCOHOL
BEVERAGES MAY BE USED BY THE LICENSEE ONLY AT A FUTURE
EDUCATIONAL CLASS AND MUST BE LOCKED UP OFF THE SALES FLOOR
.
(e) T
HE STATE LICENSING AUTHORITY MAY PROMULGATE RULES
ESTABLISHING SAMPLE SIZE LIMITS AND TOTAL VOLUME LIMITS FOR
EDUCATIONAL CLASSES HELD PURSUANT TO THIS SUBSECTION
(13).
SECTION 4. In Colorado Revised Statutes, 44-3-302, amend
(1)(a), (2)(b), (2)(d)(I), and (2)(d)(VIII); and add (3) as follows:
44-3-302. License renewal - rules. (1) (a) Ninety days before the
expiration date of an existing license, the state licensing authority
AND, FOR
LICENSES ISSUED BY A LOCAL LICENSING AUTHORITY
, THE LOCAL LICENSING
AUTHORITY
shall notify the licensee of the expiration date by any method
reasonably likely to actually notify the licensee. The state licensing
authority shall promulgate rules setting the procedure
FOR THE STATE
LICENSING AUTHORITY
to notify a licensee in accordance with this
subsection (1)(a).
(2) (b) A state or local licensing authority shall not accept a late
PAGE 9-SENATE BILL 24-231 renewal application more than ninety days after the expiration of a
licensee's permanent annual
OR BIENNIAL license. Any
A licensee whose
permanent annual
OR BIENNIAL license has been expired for more than
ninety days must apply for a new license pursuant to section 44-3-311 or a
reissued license pursuant to subsection (2)(d) of this section.
(d) (I) Notwithstanding subsection (2)(b) of this section, with the
permission of the licensing authority, a licensee whose permanent annual
OR BIENNIAL license has been expired for more than ninety days but less
than one hundred eighty days may submit to the local licensing authority,
or to the state licensing authority in the case of a licensee whose alcohol
beverage license is not subject to issuance or approval by a local licensing
authority, an application for a reissued license. The licensing authority has
the sole discretion to determine whether to allow a licensee to apply for a
reissued license.
(VIII) (A) E
XCEPT AS PROVIDED IN SUBSECTION (2)(d)(VIII)(B) OF
THIS SECTION
, if the state licensing authority approves the reissuance OF A
LICENSE
, the licensee will maintain
MAINTAINS the same license period
dates as if the license had been renewed prior to the expiration date.
(B) I
F THE STATE LICENSING AUTHORITY APPROVES THE REISSUANCE
OF AN EXPIRED LICENSE THAT WAS A BIENNIAL LICENSE
, THE STATE
LICENSING AUTHORITY MUST REISSUE AN ANNUAL LICENSE INSTEAD OF A
BIENNIAL LICENSE
.
(3) (a) A
PERSON LICENSED SOLELY BY THE STATE LICENSING
AUTHORITY PURSUANT TO THIS ARTICLE
3 OR ARTICLE 4 OF THIS TITLE 44
AND IN GOOD STANDING WITH THE STATE LICENSING AUTHORITY MAY FILE
AN APPLICATION WITH THE STATE LICENSING AUTHORITY TO RENEW THE
LICENSE FOR A TWO
-YEAR PERIOD. A PERSON LICENSED BY BOTH THE STATE
AND LOCAL LICENSING AUTHORITIES PURSUANT TO THIS ARTICLE
3 OR
ARTICLE
4 OF THIS TITLE 44 AND IN GOOD STANDING WITH BOTH THE STATE
LICENSING AUTHORITY AND A LOCAL LICENSING AUTHORITY MAY FILE AN
APPLICATION AS SPECIFIED IN SUBSECTION
(1)(b) OF THIS SECTION TO RENEW
THE LICENSE FOR A TWO
-YEAR PERIOD.
(b) A
LICENSEE GRANTED A BIENNIAL LICENSE PURSUANT TO THIS
SUBSECTION
(3) SHALL PAY THE APPLICABLE FEE REQUIRED BY SECTIONS
44-3-501 (1) AND (3) AND 44-3-505 (1) ANNUALLY AS FOLLOWS:
PAGE 10-SENATE BILL 24-231 (I) THE FIRST PAYMENT MUST BE SUBMITTED WITH THE APPLICATION
TO RENEW THE LICENSE FOR A TWO
-YEAR PERIOD; AND
(II) THE SECOND PAYMENT MUST BE SUBMITTED BY A DATE
SPECIFIED BY THE STATE LICENSING AUTHORITY THAT IS TWELVE MONTHS
AFTER THE BIENNIAL LICENSE APPLICATION IS FILED
.
(c) T
HIS SUBSECTION (3) APPLIES TO LICENSES ISSUED BY A LOCAL
LICENSING AUTHORITY ONLY IF THE GOVERNING BODY OF THE COUNTY
, CITY
AND COUNTY
, OR MUNICIPALITY WITH JURISDICTION OVER THE LOCAL
LICENSING AUTHORITY ADOPTS AN ORDI NANCE OR RESOLUTION
AUTHORIZING THE ISSUANCE OF BIENNIAL LICENSES
.
(d) T
HE STATE LICENSING AUTHORITY SHALL ADOPT RULES
NECESSARY TO IMPLEMENT AND ADMINISTER THIS SUBSECTION
(3).
SECTION 5. In Colorado Revised Statutes, 44-3-303, amend
(1)(b) as follows:
44-3-303. Transfer of ownership and temporary permits.
(1) (b) When a license has been issued to a husband and wife
SPOUSES,
PARTNERS IN A CIVIL UNION, or to general or limited partners, the death of
a spouse or partner shall DOES not require the surviving spouse or partner
to obtain a new license. All rights and privileges granted under the original
license shall
continue in full force and effect as to such THE survivors for
the balance of the license period.
SECTION 6. In Colorado Revised Statutes, 44-3-309, amend
(1)(n); and add (1)(o) as follows:
44-3-309. Local licensing authority - applications - optional
premises licenses. (1) A local licensing authority may issue only the
following alcohol beverage licenses upon payment of the fee specified in
section 44-3-505:
(n) Lodging and
Entertainment FACILITY license;
(o) L
ODGING FACILITY LICENSE.
SECTION 7. In Colorado Revised Statutes, 44-3-311, amend (1)
PAGE 11-SENATE BILL 24-231 as follows:
44-3-311. Public notice - posting and publication - definition.
(1) Upon receipt of an application, except an application for renewal or for
transfer of ownership, the A local licensing authority shall MAY schedule a
public hearing upon the application not less than thirty days from AFTER the
date of the application and shall post and publish the public notice thereof
OF THE HEARING not less than ten days prior to the hearing. IF A PUBLIC
HEARING IS SCHEDULED
, THE LOCAL LICENSING AUTHORITY SHALL GIVE
public notice shall be given
by the posting of a sign in a conspicuous place
on the premises for which application has been made and by publication in
a newspaper of general circulation in the county in which the premises are
located.
SECTION 8. In Colorado Revised Statutes, 44-3-401, amend
(1)(w); and add (1)(y) and (1)(z) as follows:
44-3-401. Classes of licenses and permits - rules. (1) For the
purpose of regulating the manufacture, sale, and distribution of alcohol
beverages, the state licensing authority in its discretion, upon application in
the prescribed form made to it, may issue and grant to the applicant a
license or permit from any of the following classes, subject to the provisions
and restrictions provided by this article 3:
(w) Lodging and
Entertainment FACILITY license;
(y) L
ODGING FACILITY LICENSE;
(z) C
ATERING LICENSE.
SECTION 9. In Colorado Revised Statutes, 44-3-402, amend (7)(a)
as follows:
44-3-402. Manufacturer's license - rules. (7) (a) (I) A
manufacturer of spirituous liquors licensed pursuant to this section may
conduct tastings and sell to customers spirituous liquors of its own
manufacture on its licensed premises and at one other approved sales room
location at no additional cost. A sales room location may be included in the
license at the time of the original license issuance or by supplemental
application. I
F THE LICENSED PREMISES INCLUDES MULTIPLE
PAGE 12-SENATE BILL 24-231 NONCONTIGUOUS LOCATIONS , THE MANUFACTURER MAY OPERATE A SALES
ROOM ON ONLY ONE OF THOSE NONCONTIGUOUS LOCATIONS
.
(II) A
MANUFACTURER OF SPIRITUOUS LIQUORS LICENSED PURSUANT
TO THIS SECTION THAT OPERATES A SALES ROOM MAY PURCHASE AND USE
COMMON ALCOHOL MODIFIERS
, INCLUDING VERMOUTH , AMAROS, AND
LIQUEURS
, TO COMBINE WITH SPIRITUOUS LIQUORS TO PRODUCE COCKTAILS
FOR CONSUMPTION ON OR OFF THE SALES ROOM PREMISES
. A
MANUFACTURER THAT USES AN ALCOHOL MODIFIER PURSUANT TO THIS
SUBSECTION
(7)(a)(II) SHALL COMBINE THE MODIFIER WITH A SPIRITUOUS
LIQUOR PRODUCED BY THE MANUFACTURER
. A MANUFACTURER SHALL NOT
SELL AN ALCOHOL MODIFIER THAT HAS NOT BEEN COMBINED WITH A
SPIRITOUS LIQUOR
. THE STATE LICENSING AUTHORITY MAY ADOPT RULES
NECESSARY TO IMPLEMENT AND ADMINISTER THIS SUBSECTION
(7)(a)(II).
SECTION 10. In Colorado Revised Statutes, 44-3-404, amend
(1)(c) as follows:
44-3-404. Festival permit - rules. (1) (c) If a festival permittee
notifies the state licensing authority and the appropriate local licensing
authority of the location of and dates of each festival at least thirty business
CALENDAR days before holding the festival, the permittee may hold up to,
but no more than, nine festivals during the twelve months after the festival
permit is issued. Beginning January 1, 2024, a permittee may hold up to
nine festivals during each calendar year.
SECTION 11. In Colorado Revised Statutes, 44-3-405, repeal (2)
as follows:
44-3-405. Importer's license. (2) It is unlawful for any licensed
importer of vinous or spirituous liquors or any person, partnership,
association, organization, or corporation interested financially in or with
such a licensed importer to be interested financially, directly or indirectly,
in the business of any vinous or spirituous wholesale licensee; except that
any such financial interest that occurred on or before July 1, 1969, shall be
lawful.
SECTION 12. In Colorado Revised Statutes, 44-3-407, amend (3);
and add (1.5) as follows:
PAGE 13-SENATE BILL 24-231 44-3-407. Wholesaler's license - discrimination in wholesale sales
prohibited - rules. (1.5) (a) A
LICENSED WHOLESALER MAY HOLD TRADE
SHOW EVENTS TO ALLOW RETAILERS TO SAMPLE PRODUCTS ON THE
WHOLESALER
'S LICENSED PREMISES IN AN AREA DESIGNATED FOR TRADE
SHOW EVENTS
. A WHOLESALER SHALL NOT OPEN TRADE SHOW EVENTS TO
THE GENERAL PUBLIC
.
(b) (I) E
XCEPT AS PROVIDED IN SUBSECTION (1.5)(b)(II) OF THIS
SECTION
, A WHOLESALER MAY HOLD A TRADE SHOW EVENT ON THE
WHOLESALER
'S LICENSED PREMISES.
(II) A
WHOLESALER SHALL NOT HOLD A TRADE SHOW EVENT IN :
(A) T
HE DOCKING, DELIVERY, OR WAREHOUSE STORAGE AREAS OF
THE LICENSED PREMISES
, UNLESS THE WAREHOUSE IS A DESIGNATED AREA
FOR A TRADE SHOW EVENT OR IS ISOLATED AND EXCLUDED FROM ONGOING
BUSINESS ACTIVITY
; OR
(B) A SALES ROOM DURING ANY TIME WHEN THE SALES ROOM IS
OPEN TO THE GENERAL PUBLIC
.
(c) T
HE STATE LICENSING AUTHORITY MAY PROMULGATE RULES
IMPLEMENTING THIS SUBSECTION
(1.5).
(3) It is unlawful for a licensed wholesaler of vinous or spirituous
liquors or any person, partnership, association, organization, or corporation
interested financially in or with such a wholesaler to be interested
financially in the business of any licensed manufacturer or importer
of
vinous or spirituous liquors; except that any such financial interest that
occurred on or before July 1, 1969, shall be
IS lawful.
SECTION 13. In Colorado Revised Statutes, 44-3-409, amend
(2)(a)(I); and add (6), (7), and (8) as follows:
44-3-409. Retail liquor store license - rules - definitions. (2) (a) A
person licensed under this section to sell malt, vinous, and spirituous liquors
in a retail liquor store:
(I) E
XCEPT AS PROVIDED IN SUBSECTION (6) OF THIS SECTION, shall
purchase the malt, vinous, and spirituous liquors only from a wholesaler
PAGE 14-SENATE BILL 24-231 licensed pursuant to this article 3; and
(6) (a) A
SELLING LICENSEE MAY SELL OR OTHERWISE TRANSFER ALL
OF THE LICENSEE
'S ALCOHOL BEVERAGE INVENTORY TO ANOTHER LICENSED
RETAIL LIQUOR STORE AS PROVIDED IN THIS SUBSECTION
(6).
(b) (I) T
HE SELLING LICENSEE MUST SELL ALL OF THE LICENSEE 'S
ALCOHOL BEVERAGE INVENTORY TO ONLY ONE ACQUIRING LICENSEE
.
(II) I
N DETERMINING THE COST OF THE ALCOHOL BEVERAGE
INVENTORY
, THE SELLING LICENSEE SHALL CHARGE , AND THE ACQUIRING
LICENSEE MUST PAY
, THE HIGHEST AMOUNT THE SELLING LICENSEE PAID FOR
EACH ALCOHOL BEVERAGE IN THE ACQUIRING LICENSEE
'S INVENTORY AT THE
TIME THE INVENTORY IS ACQUIRED
.
(c) B
OTH THE SELLING LICENSEE AND THE ACQUIRING LICENSEE
SHALL GIVE NOTICE TO THE STATE AND LOCAL LICENSING AUTHORITIES OF
THE SALE OR TRANSFER OF THE INVENTORY NOT LESS THAN FIFTEEN DAYS
BEFORE THE SALE OCCURS
.
(d) (I) P
RIOR TO ACCEPTING PAYMENT FROM AN ACQUIRING
LICENSEE
, THE SELLING LICENSEE SHALL NOTIFY ALL WHOLESALERS FROM
WHICH THE SELLING LICENSEE PURCHASED ALCOHOL BEVERAGES WITHIN THE
FOUR MONTHS IMMEDIATELY PRECEDING THE DATE OF THE SALE OR
TRANSFER
, INFORMING THE WHOLESALERS OF THE IMPENDING SALE OR
TRANSFER
.
(II) W
ITHIN FIFTEEN BUSINESS DAYS AFTER RECEIVING THE NOTICE
SENT PURSUANT TO SUBSECTION
(6)(d)(I) OF THIS SECTION, A WHOLESALER
SHALL NOTIFY THE ACQUIRING LICENSEE AND THE SELLING LICENSEE OF ANY
OUTSTANDING DEBT OWED BY THE SELLING LICENSEE TO THE WHOLESALER
FOR THE PRODUCTS BEING SOLD OR TRANSFERRED
.
(III) I
F AN ACQUIRING LICENSEE RECEIVES NOTICE OF AN
OUTSTANDING DEBT OWED BY THE SELLING LICENSEE PURSUANT TO
SUBSECTION
(6)(d)(II) OF THIS SECTION, THE ACQUIRING LICENSEE SHALL
FIRST SATISFY THE SELLING LICENSEE
'S DEBT WITH THE WHOLESALER. THE
ACQUIRING LICENSEE SHALL PAY ANY REMAINING MONEY OWED FOR THE
PURCHASED INVENTORY AFTER PAYMENT HAS BEEN MADE TO ANY
WHOLESALERS THAT NOTIFIED THE ACQUIRING LICENSEE IN A MANNER
PAGE 15-SENATE BILL 24-231 CONSISTENT WITH THE AGREEMENT BETWEEN THE SELLING LICENSEE AND
THE ACQUIRING LICENSEE
.
(IV) I
F A WHOLESALER FAILS TO PROVIDE NOTICE OF ANY
INDEBTEDNESS OWED TO THE WHOLESALER BY THE SELLING LICENSEE
WITHIN THE TIME SPECIFIED IN SUBSECTION
(6)(d)(II) OF THIS SECTION, THE
ACQUIRING LICENSEE IS EXCUSED OF ANY LIABILITY FOR THE OUTSTANDING
DEBT THE SELLING LICENSEE OWES THE WHOLESALER
.
(e) A
T THE TIME THAT THE SELLING LICENSEE OFFERS ITS ALCOHOL
BEVERAGE INVENTORY FOR SALE TO AN ACQUIRING LICENSEE
, THE SELLING
LICENSEE SHALL ALSO GIVE NOTICE TO ALL LICENSED WHOLESALERS OF THE
OFFER
, AND THE SELLING LICENSEE SHALL IMMEDIATELY , UPON GIVING
NOTICE
, CEASE TO PURCHASE ANY FURTHER PRODUCT FROM A LICENSED
WHOLESALER
.
(f) (I) A
FTER THE SELLING LICENSEE 'S ALCOHOL BEVERAGE
INVENTORY IS PURCHASED
, THE SELLING LICENSEE'S LICENSE IS CANCELED,
INVALID, AND CONSIDERED TO HAVE BEEN SURRENDERED . EXCEPT AS
PROVIDED IN SUBSECTION
(6)(f)(II) OF THIS SECTION, THE STATE OR A LOCAL
LICENSING AUTHORITY SHALL NOT ISSUE A NEW RETAIL LIQUOR STORE
LICENSE AT THE LOCATION OF THE SELLING LICENSEE
'S PREMISES OR WITHIN
ONE THOUSAND FIVE HUNDRED FEET OF THE LICENSED PREMISES FOR THE
FIVE YEARS IMMEDIATELY FOLLOWING THE DATE THE LICENSE IS CANCELED
,
INVALIDATED, OR CONSIDERED SURRENDERED .
(II) T
HE STATE AND LOCAL LICENSING AUTHORITIES MAY APPROVE
A TRANSFER OF OWNERSHIP THAT ENABLES A NEW LICENSEE TO OPERATE AT
THE SAME PREMISES IF THE CONDITIONS IN SUBSECTION
(7) OF THIS SECTION
ARE MET
.
(7) (a) A
N ACQUIRING LICENSEE MAY, SUBJECT TO APPROVAL FROM
THE STATE AND LOCAL LICENSING AUTHORITIES AND THE LIMITATIONS
SPECIFIED IN SUBSECTION
(4)(b)(III) OF THIS SECTION, OBTAIN THE RETAIL
LIQUOR LICENSE OF A SELLING LICENSEE WHEN THE ALC OHOL BEVERAGE
INVENTORY OF THE SELLING LICENSEE IS TRANSFERRED TO THE ACQUIRING
LICENSEE IF
:
(I) T
HE LICENSED PREMISES OF THE SELLING LICENSEE DOES NOT
EXCEED TEN THOUSAND SQUARE FEET
; AND
PAGE 16-SENATE BILL 24-231 (II) THE ACQUISITION OF THE LICENSE IS APPROVED BY THE STATE
AND LOCAL LICENSING AUTHORITIES FOR A CHANGE OF OWNERSHIP AS
REQUIRED BY SECTION
44-3-303.
(b) I
F THE ACQUIRING LICENSEE OWNS MORE THAN ONE RETAIL
LIQUOR STORE LICENSE
, THE PURCHASED ALCOHOL BEVERAGE INVENTORY
MAY BE PAID FOR BY THE ACQUIRING LICENSEE
, AND THE ACQUIRING
LICENSEE MAY ALLOCATE THE COST BETWEEN OR AMONG ALL OF THE RETAIL
LIQUOR STORES OWNED BY THE ACQUIRING LICENSEE
, SO LONG AS THE
ALLOCATION OCCURS PRIOR TO OR AT THE TIME THE ALCOHOL BEVERAGE IS
REMOVED FROM THE PREMISES OF THE SELLING LICENSEE
.
(c) U
PON ENTERING INTO AN AGREEMENT FOR THE SALE OF THE
SELLING LICENSEE
'S ALCOHOL BEVERAGE INVENTORY , THE SELLING LICENSEE
AND THE ACQUIRING LICENSEE SHALL PROVIDE NOTICE OF THE PENDING SALE
TO THE STATE LICENSING AUTHORITY
, WHICH SHALL POST THE NOTICE ON
THE LIQUOR ENFORCEMENT DIVISION
'S WEBSITE.
(d) T
HE ACQUIRING LICENSEE MUST TRANSPORT THE ALCOHOL
BEVERAGE IT PURCHASED FROM THE SELLING LICENSEE AND MAY ONLY
TRANSPORT THE ALCOHOL BEVERAGES TO THE ACQUIRING LICENSEE
'S
LICENSED PREMISES OR TO ONE OF THE OTHER LICENSED PREMISES OWNED
BY THE ACQUIRING LICENSEE
.
(8) A
S USED IN THIS SECTION:
(a) "A
CQUIRING LICENSEE" MEANS A LICENSED RETAIL LIQUOR STORE
PURCHASING OR ATTEMPTING TO PURCHASE THE INVENTORY OF A SELLING
LICENSEE
.
(b) "S
ELLING LICENSEE" MEANS A LICENSED RETAIL LIQUOR STORE
THAT IS SURRENDERING ITS LICENSE
.
SECTION 14. In Colorado Revised Statutes, 44-3-410, amend
(2)(b) as follows:
44-3-410. Liquor-licensed drugstore license - multiple licenses
permitted - requirements - rules. (2) (b) A person licensed under this
section on or after January 1, 2017, shall not purchase malt, vinous, or
spirituous liquors from a wholesaler on credit and shall effect payment upon
PAGE 17-SENATE BILL 24-231 delivery of the alcohol beverages. THE ACCEPTANCE AND USE OF AN
ELECTRONIC FUNDS TRANSFER IS NOT AN EXTENSION OR ACCEPTANCE OF
CREDIT AS PROHIBITED BY THIS SUBSECTION
(2)(b) IF THE TRANSFER IS
INITIATED ON OR BEFORE THE NEXT BUSINESS DAY AFTER THE DELIVERY OF
THE MALT
, VINOUS, OR SPIRITUOUS LIQUORS.
SECTION 15. In Colorado Revised Statutes, 44-3-411, amend
(2)(a) as follows:
44-3-411. Beer and wine license. (2) (a) Every person selling malt
and vinous liquors as provided in this section shall purchase malt and
vinous liquors only from a wholesaler licensed pursuant to this article 3;
except that, during a calendar year, any
A person selling malt and vinous
liquors as provided in this section may purchase not more than two SEVEN
thousand dollars' worth of malt and vinous liquors from retailers licensed pursuant to sections 44-3-409, 44-3-410, and 44-4-104 (1)(c). O
N JANUARY
1, 2025, AND EACH JANUARY 1 THEREAFTER, THE STATE LICENSING
AUTHORITY SHALL ADJUST THE PURCHASE LIMITATION SPECIFIED IN THIS
SUBSECTION
(2)(a) FOR INFLATION AND SHALL PUBLISH THE ADJUSTED
PURCHASE LIMITATION AMOUNT ON THE LIQUOR ENFORCEMENT DIVISION
'S
WEBSITE
.
SECTION 16. In Colorado Revised Statutes, 44-3-413, amend
(7)(b)(I) as follows:
44-3-413. Hotel and restaurant license - definitions - rules.
(7) (b) (I) During a calendar year, a person selling alcohol beverages as
provided in this section may purchase not more than two
SEVEN thousand
dollars' worth of malt, vinous, and spirituous liquors from retailers licensed
pursuant to sections 44-3-409, 44-3-410, and 44-4-104 (1)(c). O
N JANUARY
1, 2025, AND EACH JANUARY 1 THEREAFTER, THE STATE LICENSING
AUTHORITY SHALL ADJUST THE PURCHASE LIMITATION SPECIFIED IN THIS
SUBSECTION
(7)(b)(I) FOR INFLATION AND SHALL PUBLISH THE ADJUSTED
PURCHASE LIMITATION AMOUNT ON THE LIQUOR ENFORCEMENT DIVISION
'S
WEBSITE
.
SECTION 17. In Colorado Revised Statutes, 44-3-414, amend
(2)(a); and repeal (9) as follows:
44-3-414. Tavern license. (2) (a) Every person selling alcohol
PAGE 18-SENATE BILL 24-231 beverages as provided in this section shall purchase alcohol beverages only
from a wholesaler licensed pursuant to this article 3; except that, during a
calendar year, a person selling alcohol beverages as provided in this section
may purchase not more than two
SEVEN thousand dollars' worth of malt,
vinous, and spirituous liquors from retailers licensed pursuant to sections
44-3-409, 44-3-410, and 44-4-104 (1)(c). O
N JANUARY 1, 2025, AND EACH
JANUARY 1 THEREAFTER, THE STATE LICENSING AUTHORITY SHALL ADJUST
THE PURCHASE LIMITATION SPECIFIED IN THIS SUBSECTION
(2)(a) FOR
INFLATION AND SHALL PUBLISH THE ADJUSTED PURCHASE LIMITATION
AMOUNT ON THE LIQUOR ENFORCEMENT DIVISION
'S WEBSITE.
(9) (a) At the time a tavern license is due for renewal or by one year
after August 10, 2016, whichever occurs later, a tavern licensed under this
section that does not have as its principal business the sale of alcohol
beverages, has a valid license on August 10, 2016, and is a lodging and
entertainment facility may apply to, and the applicable local licensing
authority shall, convert the tavern license to a lodging and entertainment
license under section 44-3-428, and the licensee may continue to operate as
a lodging and entertainment facility licensee. If a tavern licensee does not
have as its principal business the sale of alcohol beverages but is not a
lodging and entertainment facility, at the time the tavern license is due for
renewal or by one year after August 10, 2016, whichever occurs later, the
licensee may apply to, and the applicable local licensing authority shall,
convert the tavern license to another license under this article 3, if any, for
which the person qualifies.
(b) A person applying under this subsection (9) to convert an
existing tavern license to another license under this article 3 may apply to
convert the license, even if the location of the licensed premises is within
five hundred feet of any public or parochial school or the principal campus
of any college, university, or seminary, so long as the local licensing
authority has previously approved the location of the licensed premises in
accordance with section 44-3-313 (1)(d).
SECTION 18. In Colorado Revised Statutes, 44-3-416, amend
(2)(a) as follows:
44-3-416. Retail gaming tavern license. (2) (a) Every person
selling alcohol beverages as described in this section shall purchase the
alcohol beverages only from a wholesaler licensed pursuant to this article
PAGE 19-SENATE BILL 24-231 3; except that, during a calendar year, a person selling alcohol beverages as
provided in this section may purchase not more than two SEVEN thousand
dollars' worth of malt, vinous, or spirituous liquors from retailers licensed
pursuant to sections 44-3-409, 44-3-410, and 44-4-104 (1)(c). O
N JANUARY
1, 2025, AND EACH JANUARY 1 THEREAFTER, THE STATE LICENSING
AUTHORITY SHALL ADJUST THE PURCHASE LIMITATION SPECIFIED IN THIS
SUBSECTION
(2)(a) FOR INFLATION AND SHALL PUBLISH THE ADJUSTED
PURCHASE LIMITATION AMOUNT ON THE LIQUOR ENFORCEMENT DIVISION
'S
WEBSITE
.
SECTION 19. In Colorado Revised Statutes, 44-3-417, amend
(3)(a) as follows:
44-3-417. Brew pub license - definitions. (3) (a) Every person
selling alcohol beverages pursuant to this section shall purchase alcohol
beverages, other than those that are manufactured at the licensed brew pub,
from a wholesaler licensed pursuant to this article 3; except that, during a
calendar year, a person selling alcohol beverages as provided in this section
may purchase not more than two
SEVEN thousand dollars' worth of malt,
vinous, and spirituous liquors from retailers licensed pursuant to sections
44-3-409, 44-3-410, and 44-4-104 (1)(c). O
N JANUARY 1, 2025, AND EACH
JANUARY 1 THEREAFTER, THE STATE LICENSING AUTHORITY SHALL ADJUST
THE PURCHASE LIMITATION SPECIFIED IN THIS SUBSECTION
(3)(a) FOR
INFLATION AND SHALL PUBLISH THE ADJUSTED PURCHASE LIMITATION
AMOUNT ON THE LIQUOR ENFORCEMENT DIVISION
'S WEBSITE.
SECTION 20. In Colorado Revised Statutes, 44-3-418, amend
(2)(a) as follows:
44-3-418. Club license - legislative declaration. (2) (a) Every
person selling alcohol beverages as provided in this section shall purchase
the alcohol beverages only from a wholesaler licensed pursuant to this
article 3; except that, during a calendar year, a person selling alcohol
beverages as provided in this section may purchase not more than two
SEVEN thousand dollars' worth of malt, vinous, and spirituous liquors from
retailers licensed pursuant to sections 44-3-409, 44-3-410, and 44-4-104
(1)(c). O
N JANUARY 1, 2025, AND EACH JANUARY 1 THEREAFTER, THE STATE
LICENSING AUTHORITY SHALL ADJUST THE PURCHASE LIMITATION SPECIFIED
IN THIS SUBSECTION
(2)(a) FOR INFLATION AND SHALL PUBLISH THE
ADJUSTED PURCHASE LIMITATION AMOUNT ON THE LIQUOR ENFORCEMENT
PAGE 20-SENATE BILL 24-231 DIVISION'S WEBSITE.
SECTION 21. In Colorado Revised Statutes, 44-3-419, amend
(1)(a) and (4)(a) as follows:
44-3-419. Arts license - definition. (1) (a) An arts license may be
issued to any nonprofit arts organization that sponsors and presents
productions or performances of an artistic or cultural nature, and the arts
license permits the licensee to sell alcohol beverages only to patrons of the
productions or performances for consumption on the licensed premises in
connection with the productions or performances. No person licensed
pursuant to this section shall permit any exterior or interior advertising
concerning the sale of alcohol beverages on the licensed premises A
LICENSEE MAY PLACE LIMITED ADVERTISING OF THE AVAILABILITY OF
ALCOHOL BEVERAGES FOR SALE ON THE LICENSED PREMISES WHILE AN
ARTISTIC OR CULTURAL PRODUCTION OR PERFORMANCE IS TAKING PLACE
AND MAY INCLUDE THE LIMITED ADVERTISING IN E
-MAIL, PRINT, RADIO,
TELEVISION, AND SOCIAL MEDIA MARKETING ABOUT THE PRODUCTION OR
PERFORMANCE
, BUT THE AVAILABILITY OF ALCOHOL BEVERAGES MUST NOT
BE THE PRIMARY FOCUS OF THE ADVERTISEMENT
.
(4) (a) Every person selling alcohol beverages as provided in this
section shall purchase the alcohol beverages only from a wholesaler
licensed pursuant to this article 3; except that, during a calendar year, a
person selling alcohol beverages as provided in this section may purchase
not more than two
SEVEN thousand dollars' worth of malt, vinous, and
spirituous liquors from retailers licensed pursuant to sections 44-3-409,
44-3-410, and 44-4-104 (1)(c). O
N JANUARY 1, 2025, AND EACH JANUARY
1 THEREAFTER, THE STATE LICENSING AUTHORITY SHALL ADJUST THE
PURCHASE LIMITATION SPECIFIED IN THIS SUBSECTION
(4)(a) FOR INFLATION
AND SHALL PUBLISH THE ADJUSTED PURCHASE LIMITATION AMOUNT ON THE
LIQUOR ENFORCEMENT DIVISION
'S WEBSITE.
SECTION 22. In Colorado Revised Statutes, 44-3-420, amend
(2)(a) as follows:
44-3-420. Racetrack license. (2) (a) Every person selling alcohol
beverages as provided in this section shall purchase the alcohol beverages
only from a wholesaler licensed pursuant to this article 3; except that,
during a calendar year, a person selling alcohol beverages as provided in
PAGE 21-SENATE BILL 24-231 this section may purchase not more than two SEVEN thousand dollars' worth
of malt, vinous, and spirituous liquors from retailers licensed pursuant to
sections 44-3-409, 44-3-410, and 44-4-104 (1)(c). O
N JANUARY 1, 2025,
AND EACH JANUARY 1 THEREAFTER, THE STATE LICENSING AUTHORITY
SHALL ADJUST THE PURCHASE LIMITATION SPECIFIED IN THIS SUBSECTION
(2)(a) FOR INFLATION AND SHALL PUBLISH THE ADJUSTED PURCHASE
LIMITATION AMOUNT ON THE LIQUOR ENFORCEMENT DIVISION
'S WEBSITE.
SECTION 23. In Colorado Revised Statutes, 44-3-422, amend
(3)(a) as follows:
44-3-422. Vintner's restaurant license. (3) (a) Every person
selling alcohol beverages pursuant to this section shall purchase the alcohol
beverages, other than those that are manufactured at the licensed vintner's
restaurant, from a wholesaler licensed pursuant to this article 3; except that,
during a calendar year, a person may purchase not more than two
SEVEN
thousand dollars' worth of malt, vinous, and spirituous liquors from retailers licensed pursuant to sections 44-3-409, 44-3-410, and 44-4-104 (1)(c). O
N
JANUARY 1, 2025, AND EACH JANUARY 1 THEREAFTER, THE STATE LICENSING
AUTHORITY SHALL ADJUST THE PURCHASE LIMITATION SPECIFIED IN THIS
SUBSECTION
(3)(a) FOR INFLATION AND SHALL PUBLISH THE ADJUSTED
PURCHASE LIMITATION AMOUNT ON THE LIQUOR ENFORCEMENT DIVISION
'S
WEBSITE
.
SECTION 24. In Colorado Revised Statutes, 44-3-423, amend
(2)(a)(X); and add (2)(a)(XI) as follows:
44-3-423. Removal of vinous liquor from licensed premises.
(2) This section applies to a person:
(a) That is duly licensed as a:
(X) Lodging and
Entertainment facility under section 44-3-428; and
(XI) A
LODGING FACILITY UNDER SECTION 44-3-432; AND
SECTION 25. In Colorado Revised Statutes, 44-3-424, amend
(2)(b) as follows:
44-3-424. Retail establishment permit - definitions. (2) (b) Upon
PAGE 22-SENATE BILL 24-231 initial application, and for each renewal, the AN applicant must list each day
that alcohol beverages will be served, which days must not be changed
without a minimum of fifteen
THIRTY days' written notice to the state and
local licensing authority AUTHORITIES.
SECTION 26. In Colorado Revised Statutes, 44-3-426, amend
(4)(b)(I) as follows:
44-3-426. Distillery pub license - legislative declaration -
definition. (4) (b) (I) During a calendar year, a person selling alcohol
beverages as provided in this section may purchase not more than two
SEVEN thousand dollars' worth of malt, vinous, and spirituous liquors from
retailers licensed pursuant to sections 44-3-409, 44-3-410, and 44-4-104
(1)(c). O
N JANUARY 1, 2025, AND EACH JANUARY 1 THEREAFTER, THE STATE
LICENSING AUTHORITY SHALL ADJUST THE PURCHASE LIMITATION SPECIFIED
IN THIS SUBSECTION
(4)(b)(I) FOR INFLATION AND SHALL PUBLISH THE
ADJUSTED PURCHASE LIMITATION AMOUNT ON THE LIQUOR ENFORCEMENT
DIVISION
'S WEBSITE.
SECTION 27. In Colorado Revised Statutes, 44-3-428, amend (1),
(2), (3)(a), (3)(b) introductory portion, and (4)(b); repeal (5); and add (6)
and (7) as follows:
44-3-428. Entertainment facility license - repeal. (1) A lodging
and AN entertainment FACILITY license may be issued to a lodging and AN
entertainment facility selling alcohol beverages by the drink only to
customers for consumption on the premises. A lodging and AN
entertainment facility licensee shall have sandwiches and light snacks available for consumption on the
LICENSED premises during business hours
but need not have meals available for consumption.
(2) (a) A lodging and AN entertainment facility licensed to sell
alcohol beverages as provided in this section shall purchase alcohol
beverages only from a wholesaler licensed pursuant to this article 3; except
that, during a calendar year, a lodging and
AN entertainment facility licensed
to sell alcohol beverages as provided in this section may purchase not more
than two
SEVEN thousand dollars' worth of malt, vinous, and spirituous
liquors from retailers licensed pursuant to sections 44-3-409, 44-3-410, and
44-4-104 (1)(c). O
N JANUARY 1, 2025, AND EACH JANUARY 1 THEREAFTER,
THE STATE LICENSING AUTHORITY SHALL ADJUST THE PURCHASE LIMITATION
PAGE 23-SENATE BILL 24-231 SPECIFIED IN THIS SUBSECTION (2)(a) FOR INFLATION AND SHALL PUBLISH
THE ADJUSTED PURCHASE LIMITATION AMOUNT ON THE LI QUOR
ENFORCEMENT DIVISION
'S WEBSITE.
(b) A lodging and
AN entertainment facility licensee shall retain
evidence of each purchase of malt, vinous, or spirituous liquors from a
retailer licensed pursuant to section 44-3-409, 44-3-410, or 44-4-104 (1)(c),
in the form of a purchase receipt showing the name of the licensed retailer,
the date of purchase, a description of the alcohol beverages purchased, and
the price paid for the alcohol beverages. The lodging and
entertainment
facility licensee shall retain the receipt and make it available to the state and
local licensing authorities at all times during business hours.
(3) (a) Except as provided in subsection (3)(b) of this section, it is
unlawful for any owner, part owner, shareholder, or person interested
directly or indirectly in lodging and
entertainment FACILITY licenses to
conduct, own either in whole or in part, or be directly or indirectly
interested in any other business licensed pursuant to this article 3 or article
4 of this title 44.
(b) An owner, part owner, shareholder, or person interested directly
or indirectly in a lodging and
AN entertainment FACILITY license may have
an interest in:
(4) (b) The manager for each lodging and LICENSED entertainment
license FACILITY, the lodging and entertainment facility licensee, or an
employee or agent of the lodging and entertainment facility licensee shall
purchase alcohol beverages for one licensed premises only, and the
purchases shall be separate and distinct from purchases for any other
lodging and
LICENSED entertainment license FACILITY.
(5) At the time a tavern license issued under section 44-3-414 is due
for renewal or by one year after August 10, 2016, whichever occurs later,
a person licensed as a tavern that does not have as its principal business the
sale of alcohol beverages, has a valid license on August 10, 2016, and is a
lodging and entertainment facility may apply to, and the applicable local
licensing authority shall, convert the tavern license to a lodging and
entertainment license under this section, and the person may continue to
operate as a lodging and entertainment facility licensee. A person applying
to convert an existing tavern license to a lodging and entertainment license
PAGE 24-SENATE BILL 24-231 under this subsection (5) may apply to convert the license, even if the
location of the licensed premises is within five hundred feet of any public
or parochial school or the principal campus of any college, university, or
seminary, so long as the local licensing authority has previously approved
the location of the licensed premises in accordance with section 44-3-313
(1)(d).
(6) (a) ON AND AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (6),
THE STATE OR A LOCAL LICENSING AUTHORITY SHALL NOT ISSUE OR RENEW
ANY LICENSES UNDER THIS SECTION TO A LODGING FACILITY
.
(b) T
HE STATE AND LOCAL LICENSING AUTHORITIES SHALL TREAT
ANY APPLICATION SUBMITTED ON OR BEFORE THE EFFECTIVE DATE OF THIS
SECTION
, AS AMENDED, BY A LODGING FACILITY FOR A LODGING AND
ENTERTAINMENT FACILITY LICENSE OR RENEWAL LICENSE AS AN
APPLICATION FOR A LODGING FACILITY LICENSE OR RENEWAL LICENSE
ISSUED PURSUANT TO SECTION
44-3-432.
(c) O
N THE EFFECTIVE DATE OF THIS SUBSECTION (6), EACH LODGING
AND ENTERTAINMENT FACILITY LICENSE ISSUED UNDER THIS SECTION TO A
LODGING FACILITY AUTOMATICALLY CONVERTS TO LODGING FACILITY
LICENSE ISSUED PURSUANT TO SECTION
44-3-432.
(d) T
HE CONVERSION OF AN ENTERTAINMENT AND LODGING LICENSE
ISSUED TO A LODGING FACILITY UNDER THIS SECTION TO A LODGING FACILITY
LICENSE UNDER SECTION
44-3-432 PURSUANT TO THIS SUBSECTION (6) IS A
CONTINUATION OF THE PRIOR LICENSE AND DOES NOT AFFECT
:
(I) A
NY PRIOR DISCIPLINE, LIMITATION, OR CONDITION IMPOSED BY
THE STATE LICENSING AUTHORITY ON A LICENSEE
;
(II) T
HE DEADLINE FOR RENEWAL OF THE LICENSE ; OR
(III) ANY PENDING OR FUTURE INVESTIGATION OR ADMINISTRATIVE
PROCEEDING
.
(e) T
HIS SUBSECTION (6) IS REPEALED, EFFECTIVE SEPTEMBER 1,
2026.
(7) (a) O
N THE EFFECTIVE DATE OF THIS SUBSECTION (7), EACH
PAGE 25-SENATE BILL 24-231 LODGING AND ENTERTAINMENT FACILITY LICENSE ISSUED UNDER THIS
SECTION TO AN ENTERTAINMENT FACILITY AUTOMATICALLY CONVERTS TO
AN ENTERTAINMENT FACILITY LICENSE
.
(b) T
HE STATE AND LOCAL LICENSING AUTHORITIES SHALL TREAT
ANY APPLICATION SUBMITTED ON OR BEFORE THE EFFECTIVE DATE OF THIS
SECTION
, AS AMENDED, BY AN ENTERTAINMENT FACILITY FOR A LODGING
AND ENTERTAINMENT FACILITY LICENSE OR RENEWAL LICENSE AS AN
APPLICATION FOR AN ENTERTAINMENT FACILITY LICENSE OR RENEWAL
LICENSE ISSUED PURSUANT TO THIS SECTION
.
(c) T
HE CONVERSION OF A LODGING AND ENTERTAINMENT FACILITY
LICENSE ISSUED TO AN ENTERTAINMENT FACILITY TO AN ENTERTAINMENT
FACILITY LICENSE PURSUANT TO THIS SUBSECTION
(7) IS A CONTINUATION OF
THE PRIOR LICENSE AND DOES NOT AFFECT
:
(I) A
NY PRIOR DISCIPLINE, LIMITATION, OR CONDITION IMPOSED BY
THE STATE LICENSING AUTHORITY ON A LICENSEE
;
(II) T
HE DEADLINE FOR RENEWAL OF THE LICENSE ; OR
(III) ANY PENDING OR FUTURE INVESTIGATION OR ADMINISTRATIVE
PROCEEDING
.
(d) T
HIS SUBSECTION (7) IS REPEALED, EFFECTIVE SEPTEMBER 1,
2026.
SECTION 28. In Colorado Revised Statutes, 44-3-429, amend
(1)(j) and (1)(k); and add (1)(l) as follows:
44-3-429. Purchasing alcohol from a surrendered license of
common ownership - definition. (1) This section applies to a person that
has been issued the following license types:
(j) Distillery pub license under section 44-3-426; or
(k) Lodging and Entertainment facility license under section
44-3-428;
OR
(l) A LODGING FACILITY LICENSE UNDER SECTION 44-3-432.
PAGE 26-SENATE BILL 24-231 SECTION 29. In Colorado Revised Statutes, add 44-3-430,
44-3-431, and 44-3-432 as follows:
44-3-430. Alcohol beverage shipper license for wine direct
shipping - rules - notice to revisor of statutes. (1) T
HE STATE LICENSING
AUTHORITY MAY ISSUE AN ALCOHOL BEVERAGE SHIPPER LICENSE TO AN
ALCOHOL BEVERAGE SHIPPER THAT SHIPS VINOUS LIQUORS FOR A LICENSED
WINERY THAT HOLDS A WINERY DIRECT SHIPPER
'S PERMIT PURSUANT TO
SECTION
44-3-104.
(2) A
DRIVER DELIVERING ON BEHALF OF AN ALCOHOL BEVERAGE
SHIPPER LICENSE SHALL NOT LE AVE A PACKAGE UNATTENDED ON A
DOORSTEP AND SHALL CHECK THE RECIPIENT
'S IDENTIFICATION TO ENSURE
THAT THE INDIVIDUAL ACCEPTING DELIVERY IS THE INDIVIDUAL INTENDED
TO RECEIVE THE PRODUCT AND IS NOT UNDER TWENTY
-ONE YEARS OF AGE
OR VISIBLY INTOXICATED
.
(3) I
F AN ALCOHOL BEVERAGE SHIPPER VIOLATES THIS SECTION , THE
STATE LICENSING AUTHORITY SHALL BRING ACTION AGAINST THE ALCOHOL
BEVERAGE SHIPPER
'S LICENSE.
(4) T
HE STATE LICENSING AUTHORITY SHALL ADOPT RULES
NECESSARY TO ADMINISTER AND ENFORCE THIS SECTION
.
(5) T
HIS SECTION TAKES EFFECT IF THE STATE LICENSING AUTHORITY
DETERMINES THAT THE LIQUOR ENFORCEMENT DIVISION HAS SUFFICIENT
LEGALLY AVAILABLE FUNDING FOR THE ADMINISTRATION AND
ENFORCEMENT OF THIS SECTION
. THE STATE LICENSING AUTHORITY SHALL
NOTIFY THE REVISOR OF STATUTES IN WRITING OF THE DATE WHEN THE
CONDITION SPECIFIED IN THIS SUBSECTION
(5) HAS OCCURRED BY E-MAILING
THE NOTICE TO REVISOROFSTATUTES
.GA@COLEG.GOV. THIS SECTION TAKES
EFFECT UPON THE DATE IDENTIFIED IN THE NOTICE THAT THE LIQUOR
ENFORCEMENT DIVISION HAS SUFFICIENT LEGALLY AVAILABLE FUNDING FOR
THE ADMINISTRATION AND ENFORCEMENT OF THIS SECTION OR
, IF THE
NOTICE DOES NOT SPECIFY THAT DATE
, UPON THE DATE OF THE NOTICE TO
THE REVISOR OF STATUTES
.
44-3-431. Catering license - permitted events - private events -
fees - rules - notice to revisor of statutes. (1) T
HE STATE LICENSING
AUTHORITY MAY ISSUE A CATERING LICENSE TO A CATERING COMPANY THAT
PAGE 27-SENATE BILL 24-231 ALLOWS THE CATERING LICENSEE TO APPLY FOR TEMPORARY PERMITS TO
SELL AND SERVE ALCOHOL BEVERAGES ON UNLICENSED PREMISES AT
CATERED EVENTS
. THE CATERING LICENSE IS VALID FOR ONE CALENDAR
YEAR AND RENEWED ON AN ANNUAL BASIS
.
(2) (a) T
HE STATE LICENSING AUTHORITY SHALL ESTABLISH A
PROCESS FOR A CATERING LICENSEE TO OBTAIN A PERMIT TO CATER AN
EVENT THAT MAY BE ATTENDED BY SIX HUNDRED OR MORE INDIVIDUALS
.
T
HE STATE LICENSING AUTHORITY MAY ESTABLISH A PROCESS FOR A
CATERING LICENSEE TO OBTAIN A PERMIT TO CATER AN EVENT THAT MAY BE
ATTENDED BY FEWER THAN SIX HUNDRED INDIVIDUALS
.
(b) A
LOCAL LICENSING AUTHORITY MAY ESTABLISH A PROCESS FOR
A CATERING LICENSEE TO OBTAIN A PERMIT TO CATER AN EVENT THAT MAY
BE ATTENDED BY SIX HUNDRED OR MORE INDIVIDUALS
. IF A LOCAL
LICENSING AUTHORITY DOES NOT ESTABLISH A LOCAL CATERING PERMIT
, AN
APPLICANT NEED NOT OBTAIN A CATERING PERMIT FROM THE LOCAL
LICENSING AUTHORITY
.
(3) T
HE STATE LICENSING AUTHORITY SHALL ESTABLISH AND
MAINTAIN
, ON THE LIQUOR ENFORCEMENT DIVISION 'S PUBLIC-FACING
WEBSITE
, A LISTING OF ALL CATERING LICENSES IN THE STATE. A CATERING
LICENSEE SHALL SUBMIT INFORMATION REQUIRED BY THE STATE LICENSING
AUTHORITY IN RULE
.
(4) A
CATERING LICENSEE SHALL NOT PERMIT AN INDIVIDUAL WHO
IS EIGHTEEN YEARS OF AGE OR OLDER AND UNDER TWENTY
-ONE YEARS OF
AGE TO SELL
, DISPENSE, OR PARTICIPATE IN THE SALE OR DISPENSING OF AN
ALCOHOL BEVERAGE
, UNLESS THE INDIVIDUAL IS SUPERVISED BY ANOTHER
INDIVIDUAL WHO IS ON THE UNLICENSED PREMISES AND IS TWENTY
-ONE
YEARS OF AGE OR OLDER
.
(5) T
HE STATE LICENSING AUTHORITY MAY ADOPT RULES NECESSARY
TO IMPLEMENT AND ADMINISTER THIS SECTION
.
(6) T
HIS SECTION TAKES EFFECT IF THE STATE LICENSING AUTHORITY
DETERMINES THAT THE LIQUOR ENFORCEMENT DIVISION HAS SUFFICIENT
LEGALLY AVAILABLE FUNDING FOR THE ADMINISTRATION AND
ENFORCEMENT OF THIS SECTION
. THE STATE LICENSING AUTHORITY SHALL
NOTIFY THE REVISOR OF STATUTES IN WRITING OF THE DATE WHEN THE
PAGE 28-SENATE BILL 24-231 CONDITION SPECIFIED IN THIS SUBSECTION (6) HAS OCCURRED BY E-MAILING
THE NOTICE TO REVISOROFSTATUTES
.GA@COLEG.GOV. THIS SECTION TAKES
EFFECT UPON THE DATE IDENTIFIED IN THE NOTICE THAT THE LIQUOR
ENFORCEMENT DIVISION HAS SUFFICIENT LEGALLY AVAILABLE F UNDING FOR
THE ADMINISTRATION AND ENFORCEMENT OF THIS SECTION OR
, IF THE
NOTICE DOES NOT SPECIFY THAT DATE
, UPON THE DATE OF THE NOTICE TO
THE REVISOR OF STATUTES
.
44-3-432. Lodging facility license - rules. (1) A
LODGING FACILITY
LICENSE MAY BE ISSUED TO A LODGING FACILITY THAT SELLS ALC OHOL
BEVERAGES BY THE DRINK ONLY TO CUSTOMERS FOR CONSUMPTION ON THE
LICENSED PREMISES
. A LODGING FACILITY'S LICENSED PREMISES DOES NOT
INCLUDE THE FACILITY
'S SLEEPING ROOMS. A LODGING FACILITY LICENSEE
SHALL NOT PERMIT ALCOHOL BEVERAGES TO BE PURCHASED IN A SLEEPING
ROOM
, SERVE OR DELIVER ALCOHOL BEVERAGES TO A SLEEPING ROOM , OR
ALLOW A MINIBAR
, AS DEFINED IN SECTION 44-3-413 (4)(b), IN A SLEEPING
ROOM
.
(2) (a) A
LODGING FACILITY LICENSED TO SELL ALCOHOL BEVERAGES
AS PROVIDED IN THIS SECTION SHALL PURCHASE ALCOHOL BEVERAGES ONLY
FROM A WHOLESALER LICENSED PURSUANT TO THIS ARTICLE
3; EXCEPT
THAT
, DURING A CALENDAR YEAR, A LODGING FACILITY LICENSED TO SELL
ALCOHOL BEVERAGES AS PROVIDED IN THIS SECTION MAY PURCHASE NOT
MORE THAN SEVEN THOUSAND DOLLARS
' WORTH OF MALT, VINOUS, AND
SPIRITUOUS LIQUORS FROM RETAILERS LICENSED PURS UANT TO SECTIONS
44-3-409, 44-3-410, AND 44-4-104 (1)(c). ON JANUARY 1, 2025, AND EACH
JANUARY 1 THEREAFTER, THE STATE LICENSING AUTHORITY SHALL ADJUST
THE PURCHASE LIMITATION SPECIFIED IN THIS SUBSECTION
(2)(a) FOR
INFLATION AND SHALL PUBLISH THE ADJUSTED PURCHASE LIMITATION
AMOUNT ON THE LIQUOR ENFORCEMENT DIVISION
'S WEBSITE.
(b) A
LODGING FACILITY LICENSEE SHALL RETAIN EVIDENCE OF EACH
PURCHASE OF MALT
, VINOUS, OR SPIRITUOUS LIQUORS FROM A RETAILER
LICENSED PURSUANT TO SECTION
44-3-409, 44-3-410, OR 44-4-104 (1)(c) IN
THE FORM OF A PURCHASE RECEIPT SHOWING THE NAME OF THE LICENSED
RETAILER
, THE DATE OF PURCHASE , A DESCRIPTION OF THE ALCOHOL
BEVERAGES PURCHASED
, AND THE PRICE PAID FOR THE ALCOHOL
BEVERAGES
. THE LODGING FACILITY LICENSEE SHALL RETAIN THE RECEIPT
AND MAKE IT AVAILABLE TO THE STATE AND LOCAL LICENSING AUTHORITIES
AT ALL TIMES DURING BUSINESS HOURS
.
PAGE 29-SENATE BILL 24-231 (3) (a) EXCEPT AS PROVIDED IN SUBSECTION (3)(b) OF THIS SECTION,
IT IS UNLAWFUL FOR ANY OWNER, PART OWNER, SHAREHOLDER, OR PERSON
INTERESTED DIRECTLY OR INDIRECTLY IN LODGING FACILITY LICENSES TO
CONDUCT
, OWN EITHER IN WHOLE OR IN PART , OR BE DIRECTLY OR
INDIRECTLY INTERESTED IN ANY OTHER BUSINESS LICENSED PURSUANT TO
THIS ARTICLE
3 OR ARTICLE 4 OF THIS TITLE 44.
(b) A
N OWNER, PART OWNER, SHAREHOLDER, OR PERSON INTERESTED
DIRECTLY OR INDIRECTLY IN A LODGING FACILITY LICENSE MAY HAVE AN
INTEREST IN
:
(I) A
LICENSE DESCRIBED IN SECTION 44-3-401 (1)(j) TO (1)(t),
(1)(v),
OR (1)(w); 44-3-412 (1); OR 44-4-104 (1)(c); OR
(II) A FINANCIAL INSTITUTION REFERRED TO IN SECTION 44-3-308
(4).
(4) T
HE MANAGER FOR EACH LICENSED LODGING FACILITY , THE
LODGING FACILITY LICENSEE
, OR AN EMPLOYEE OR AGENT OF THE LODGING
FACILITY LICENSEE SHALL PURCHASE ALCOHOL BEVERAGES FOR ONE
LICENSED PREMISES ONLY
, AND THE PURCHASES SHALL BE SEPARATE AND
DISTINCT FROM PURCHASES FOR ANY OTHER LICENSED LODGING FACILITY
.
(5) T
HE STATE LICENSING AUTHORITY MAY ADOPT RULES NECESSARY
TO IMPLEMENT AND ADMINISTER THIS SECTION
.
SECTION 30. In Colorado Revised Statutes, 44-3-501, amend (1)
introductory portion, (1)(v), and (3)(a)(XVIII); repeal (1)(t); and add
(1)(x), (3)(a)(XX), (3)(a)(XXI), (3)(a)(XXII), and (3)(a)(XXIII) as follows:
44-3-501. State fees - rules. (1) The
AN applicant shall pay the
following license and permit fees to the department annually in advance:
(t) For each retail establishment permit, up to two hundred dollars;
(v) For each lodging and entertainment FACILITY license,
seventy-five dollars;
(x) F
OR EACH LODGING FACILITY LICENSE, SEVENTY-FIVE DOLLARS.
PAGE 30-SENATE BILL 24-231 (3) (a) The state licensing authority shall establish fees for
processing the following types of applications, notices, or reports required
to be submitted to the state licensing authority:
(XVIII) Applications for the renewal of a license or permit issued
in accordance with this article 3; and
(XX) APPLICATIONS FOR RETAIL ESTABLISHMENT PERMITS
PURSUANT TO SECTION
44-3-424 AND RULES ADOPTED PURSUANT TO THAT
SECTION
;
(XXI) A
PPLICATIONS FOR A CATERING LICENSE AND CATERING
PERMIT PURSUANT TO SECTION
44-3-431 AND RULES ADOPTED PURSUANT TO
THAT SECTION
;
(XXII) A
PPLICATIONS FOR EACH NONCONTIGUOUS MANUFACTURING
FACILITY PURSUANT TO SECTION
44-3-402 AND RULES ADOPTED PURSUANT
TO THAT SECTION
; AND
(XXIII) APPLICATIONS FOR AN ALCOHOL BEVERAGE SHIPPER LICENSE
PURSUANT TO SECTION
44-3-430 AND RULES ADOPTED PURSUANT TO THAT
SECTION
.
SECTION 31. In Colorado Revised Statutes, 44-3-505, amend
(1)(p); and add (1)(r) as follows:
44-3-505. Local license fees. (1) The applicant shall pay the
following license fees to the treasurer of the municipality, city and county,
or county where the licensed premises is located annually in advance:
(p) For each lodging and
entertainment FACILITY license, five
hundred dollars;
(r) F
OR EACH LODGING FACILITY LICENSE, FIVE HUNDRED DOLLARS.
SECTION 32. In Colorado Revised Statutes, 44-3-601, amend
(1)(a); and add (10) as follows:
44-3-601. Suspension - revocation - annual renewal - fines -
investigative fees - rules. (1) (a) (I) Subject to subsection (8) of this
PAGE 31-SENATE BILL 24-231 section, in addition to any other penalties prescribed by this article 3 or
article 4 or 5 of this title 44, the state or any local licensing authority has the
power, on its own motion or on complaint, after investigation and public
hearing at which the licensee shall be afforded an opportunity to be heard,
to
TAKE ANY OF THE FOLLOWING ACTIONS FOR ANY VIOLATION BY A
LICENSEE
, OR BY ANY OF THE AGENTS, SERVANTS, OR EMPLOYEES OF THE
LICENSEE
, OF THIS ARTICLE 3, ANY RULES AUTHORIZED BY THIS ARTICLE 3,
OR ANY OF THE TERMS, CONDITIONS, OR PROVISIONS OF THE LICENSE OR
PERMIT ISSUED BY SUCH AUTHORITY
:
(A) Fine a licensee; or to
(B) REQUIRE ANNUAL RENEWAL OF A LICENSE ; OR
(C) Suspend or revoke, in whole or in part, any license or permit
issued by such authority. for any violation by the licensee or by any of the
agents, servants, or employees of the licensee of this article 3; any rules
authorized by this article 3; or any of the terms, conditions, or provisions of
the license or permit issued by such authority.
(II) A licensing authority may impose a fine pursuant to this
subsection (1) regardless of whether a licensee has petitioned the licensing
authority pursuant to subsection (3)(a) of this section for permission to pay
a fine in lieu of license or permit suspension, and the licensing authority
need not make the findings specified in subsections (3)(a)(I) and (3)(a)(II)
of this section.
(10) (a) I
F A LICENSEE WITH A BIENNIAL LICENSE IS FOUND TO HAVE
VIOLATED THIS ARTICLE
3, THE STATE LICENSING AUTHORITY SHALL REQUIRE
THE LICENSEE TO RENEW ITS LICENSE ANNUALLY
.
(b) A
LICENSEE MAY REAPPLY TO RENEW ITS LICENSE BIENNIALLY
PURSUANT TO SECTION
44-3-302 (3) AFTER TWO YEARS WITHOUT ANY
VIOLATIONS
.
SECTION 33. In Colorado Revised Statutes, 44-3-901, amend
(6)(b)(II), (6)(c), (6)(i)(I), and (6)(p)(II); and add (6)(q) as follows:
44-3-901. Unlawful acts - exceptions - definitions. (6) It is
unlawful for any person licensed to sell at retail pursuant to this article 3 or
PAGE 32-SENATE BILL 24-231 article 4 of this title 44:
(b) To sell, serve, or distribute any malt, vinous, or spirituous liquors
at any time other than the following:
(II) In sealed containers, beginning at 8 a.m. until 12 midnight each
day; except that no malt, vinous, or spirituous liquors shall be sold, served,
or distributed in a sealed container on Christmas day;
(c) To sell fermented malt beverages:
(I) To any person under the age of twenty-one years OF AGE, except
as provided in section 18-13-122;
OR
(II) To any person between the hours of 12 midnight and 8 a.m.; or
(III) In a sealed container on Christmas day;
(i) (I) To sell malt, vinous, or spirituous liquors or fermented malt
beverages in a place where the alcohol beverages are to be consumed,
unless the place is a hotel,
A restaurant, A tavern, lodging and
AN
entertainment facility, A LODGING FACILITY, A racetrack, A club, A retail
gaming tavern, or
AN arts licensed premises or unless the place is a dining,
club, or parlor car;
A plane; A bus; or other conveyance or facility of a
public transportation system.
(p) (II) If licensed as a tavern under section 44-3-414 that does not
regularly serve meals or a lodging and
AN entertainment facility under
section 44-3-428 that does not regularly serve meals, to permit an employee
who is under twenty-one years of age to sell malt, vinous, or spirituous
liquors; or
(q) T
O KNOWINGLY PERMIT THE ILLEGAL SALE , OR NEGOTIATIONS
FOR THE SALE
, OF A CONTROLLED SUBSTANCE , AS DEFINED IN SECTION
18-18-102 (5), ON THE LICENSEE'S LICENSED PREMISES. THIS SUBSECTION
(6)(q) DOES NOT PROHIBIT A PHARMACY LICENSED BY THE STATE BOARD OF
PHARMACY TO SELL LAWFULLY PRESCRIBED CONTROLLED SUBSTANCES AT
A LIQUOR
-LICENSED DRUGSTORE.
SECTION 34. In Colorado Revised Statutes, 44-3-911, amend
PAGE 33-SENATE BILL 24-231 (6)(a)(I) and (6)(a)(II) as follows:
44-3-911. Takeout and delivery of alcohol beverages - permit -
on-premises consumption licenses - requirements and limitations - rules
- definition - repeal. (6) (a) (I) This section authorizes a license holder that
is issued a license under one of the following sections to sell an alcohol
beverage to a customer for consumption off of the licensed premises:
Section 44-3-402 that operates a sales room or section 44-3-407 that
operates a sales room or section 44-3-411, 44-3-413, 44-3-414, 44-3-417,
44-3-418, 44-3-422, 44-3-426, 44-3-428, 44-3-432, 44-4-104 (1)(c)(I)(A),
or 44-4-104 (1)(c)(III).
(II) This section authorizes a license holder that is issued a license
under one of the following sections to deliver an alcohol beverage to a
customer for consumption off of the licensed premises: Section 44-3-411,
44-3-412, 44-3-413, 44-3-414, 44-3-415, 44-3-416, 44-3-417, 44-3-418,
44-3-419, 44-3-420, 44-3-421, 44-3-422, 44-3-426, or
44-3-428, OR
44-3-432.
SECTION 35. Appropriation. For the 2024-25 state fiscal year,
$5,000 is appropriated to the department of revenue for use by the liquor
and tobacco enforcement division. This appropriation is from the liquor
enforcement division and state licensing authority cash fund created in
section 44-6-101, C.R.S. To implement this act, the division may use this
appropriation for operating expenses.
SECTION 36. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 34-SENATE BILL 24-231 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg
Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 35-SENATE BILL 24-231