Colorado 2025 Regular Session

Colorado House Bill HB1331 Compare Versions

Only one version of the bill is available at this time.
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11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 25-1015.01 Jery Payne x2157
88 HOUSE BILL 25-1331
99 House Committees Senate Committees
1010 Business Affairs & Labor
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING MEASURES THAT EXPAND THE VENUES WHEREIN101
1414 MARIJUANA MAY BE SOLD BY A LICENSE HOLDER .102
1515 Bill Summary
1616 (Note: This summary applies to this bill as introduced and does
1717 not reflect any amendments that may be subsequently adopted. If this bill
1818 passes third reading in the house of introduction, a bill summary that
1919 applies to the reengrossed version of this bill will be available at
2020 http://leg.colorado.gov
2121 .)
2222 The bill authorizes a social equity license holder to deliver
2323 regulated marijuana to a hotel located within the city and county of
2424 Denver if the license holder has:
2525 ! A medical marijuana delivery permit;
2626 ! A medical marijuana transporter license;
2727 ! A retail marijuana delivery permit; or
2828 HOUSE SPONSORSHIP
2929 Ricks and Lindstedt,
3030 SENATE SPONSORSHIP
3131 (None),
3232 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3333 Capital letters or bold & italic numbers indicate new material to be added to existing law.
3434 Dashes through the words or numbers indicate deletions from existing law. ! A retail marijuana transporter license.
3535 In order for marijuana to be delivered, the following requirements
3636 must be satisfied:
3737 ! The hotel must be registered with the city and county of
3838 Denver to receive deliveries;
3939 ! The local jurisdiction must have authorized the delivery of
4040 marijuana in accordance with current law;
4141 ! The hotel must have authorized the delivery of marijuana
4242 to its premises;
4343 ! The social equity license holder must not deliver to
4444 premises licensed to serve alcohol; and
4545 ! The social equity license holder must comply with
4646 marijuana law.
4747 The state licensing authority, in coordination with the city and
4848 county of Denver, must create a registry of hotels that have authorized the
4949 delivery of marijuana to their premises. The state licensing authority may
5050 adopt rules necessary for the secure storage and management of
5151 deliveries.
5252 The bill authorizes special event permits for the holder of a social
5353 equity license and a marijuana hospitality business license. Other retail
5454 license holders may partner with a qualified license holder to hold a
5555 special event.
5656 The state licensing authority or a local licensing authority may set
5757 special event permit fees in an amount that offsets the direct and indirect
5858 cost to the state or local licensing authority of implementing the bill.
5959 The marijuana enforcement division (division) or a local licensing
6060 authority may deny the issuance of a special event permit upon the
6161 grounds that the issuance would be injurious to the public welfare
6262 because of the nature of the special event, its location within the
6363 community, or the failure of the applicant in a past special event to
6464 conduct the event in compliance with applicable laws. Public notice of the
6565 proposed permit and the procedures for protesting issuance of the permit
6666 must be posted at the proposed location for at least 10 days.
6767 The state licensing authority or a local licensing authority is
6868 required to adopt appropriate rules, ordinances, or resolutions for
6969 applying for a special event permit and for protesting an application for
7070 a special event permit. If an applicant is denied, a hearing must be set.
7171 The application must be approved or denied within 90 days after the
7272 application is filed. The permit must specify the location and the time
7373 when it is valid. A license holder may be issued a permit for no more than
7474 15 days a year.
7575 If a violation occurs during a special event and the responsible
7676 license holder cannot be identified, the division may send written notice
7777 to every license holder identified on the relevant permit applications and
7878 may fine each the same dollar amount, not to exceed $25 per license
7979 HB25-1331
8080 -2- holder or $200 in the aggregate. A joint fine does not apply to the
8181 revocation of a license.
8282 Be it enacted by the General Assembly of the State of Colorado:1
8383 SECTION 1. In Colorado Revised Statutes, add 44-10-402 and2
8484 44-10-403 as follows:3
8585 44-10-402. Deliveries to hotels - social equity licenses -4
8686 definitions. (1) A
8787 S USED IN THIS SECTION, UNLESS THE CONTEXT5
8888 OTHERWISE REQUIRES:6
8989 (a) (I) "H
9090 OTEL" MEANS A BUSINESS THAT OFFERS AND PROVIDES TO7
9191 THE GENERAL PUBLIC OVERNIGHT ROOM ACCOMMODATIONS , PRIMARILY8
9292 TO TRAVELERS OR TRANSIENT INDIVIDUALS .9
9393 (II) "H
9494 OTEL" INCLUDES A TIME SHARE OR OTHER RESIDENTIAL UNIT10
9595 THAT IS RENTED OUT TO TRAVELERS OR TRANSIENT INDIVIDUALS11
9696 PRIMARILY FOR THIRTY OR FEWER DAYS PER TRANSACTION .12
9797 (b) "H
9898 OTEL ROOM" MEANS THE PORTION OF A HOTEL THAT IS USED13
9999 TO PROVIDE OVERNIGHT ACCOMMODATION TO TRAVELERS OR TRANSIENT14
100100 INDIVIDUALS.15
101101 (2) N
102102 OTWITHSTANDING SECTIONS 44-10-501 (11)(f)(VII),16
103103 44-10-505 (5)(d)(V), 44-10-601 (13)(f)(V),
104104 AND 44-10-605 (5)(d)(V), A17
105105 LICENSEE MAY DELIVER REGULATED MARIJUANA TO A HOTEL OR HOTEL18
106106 ROOM THAT IS LOCATED WITHIN THE CITY AND COUNTY OF DENVER AND19
107107 THAT IS NOT USED FOR A PRIVATE RESIDENCE IF THE LICENSEE IS20
108108 QUALIFIED UNDER SUBSECTION (3) OF THIS SECTION AND SO LONG AS THE21
109109 LICENSE HOLDER IS IN COMPLIANCE WITH SUBSECTION (4) OF THIS SECTION.22
110110 (3) T
111111 O QUALIFY TO DELIVER REGULATED MARIJUANA UNDER23
112112 SUBSECTION (2) OF THIS SECTION, A PERSON MUST:24
113113 (a) H
114114 OLD A SOCIAL EQUITY LICENSE; AND25
115115 HB25-1331-3- (b) HOLD THE FOLLOWING:1
116116 (I) A
117117 MEDICAL MARIJUANA DELIVERY PERMIT ;2
118118 (II) A
119119 MEDICAL MARIJUANA TRANSPORTER LICENSE ;3
120120 (III) A
121121 RETAIL MARIJUANA DELIVERY PERMIT ; OR4
122122 (IV) A
123123 RETAIL MARIJUANA TRANSPORTER LICENSE .5
124124 (4) A
125125 UTHORIZATION TO DELIVER REGULATED MARIJUANA UNDER6
126126 SUBSECTION (2) OF THIS SECTION IS SUBJECT TO THE FOLLOWING7
127127 REQUIREMENTS:8
128128 (a) T
129129 HE HOTEL MUST BE REGISTERED WITH THE CITY AND COUNTY9
130130 OF DENVER TO RECEIVE DELIVERIES;10
131131 (b) T
132132 HE LOCAL JURISDICTION MUST HAVE AUTHORIZED THE11
133133 DELIVERY OF MEDICAL MARIJUANA OR RETAIL MARIJUANA IN12
134134 ACCORDANCE WITH SECTION 44-10-104 (3), 44-10-501 (11)(k), 44-10-50513
135135 (5)(i), 44-10-601 (13)(k),
136136 OR 44-10-605 (5)(i);14
137137 (c) T
138138 HE HOTEL MUST HAVE AUTHORIZED THE DELIVERY OF15
139139 REGULATED MARIJUANA TO THE HOTEL PREMISES BY USING THE REGISTRY16
140140 CREATED IN SUBSECTION (5) OF THIS SECTION;17
141141 (d) T
142142 HE DELIVERY MUST NOT OCCUR ON PREMISES LICENSED TO18
143143 SERVE ALCOHOL UNDER ARTICLE 3 OR 4 OF THIS TITLE 44; AND19
144144 (e) T
145145 HE LICENSEE MUST COMPLY WITH THIS ARTICLE 10 AND THE20
146146 RULES ADOPTED UNDER THIS ARTICLE 10.21
147147 (5) T
148148 HE STATE LICENSING AUTHORITY SHALL COORDINATE WITH22
149149 THE LOCAL LICENSING AUTHORITY OF THE CITY AND COUNTY OF DENVER23
150150 TO:24
151151 (a) C
152152 REATE A REGISTRY OF HOTELS THAT HAVE AUTHORIZED THE25
153153 DELIVERY OF REGULATED MARIJUANA TO THEIR PREMISES ;26
154154 (b) E
155155 STABLISH PROCEDURES FOR HOTELS TO RECORD OR REMOVE27
156156 HB25-1331
157157 -4- THEIR AUTHORIZATION TO HAVE REGULATED MARIJUANA DELIVERED TO1
158158 THEIR PREMISES; AND2
159159 (c) M
160160 AKE THE REGISTRY AVAILABLE BY ELECTRONIC MEANS TO3
161161 EACH LICENSEE DESCRIBED IN SUBSECTION (3) OF THIS SECTION.4
162162 (6) T
163163 HE STATE LICENSING AUTHORITY MAY ADOPT RULES5
164164 NECESSARY FOR THE SECURE STORAGE AND MANAGEMENT OF DELIVERIES6
165165 AUTHORIZED IN THIS SECTION.7
166166 44-10-403. Special events - social equity licenses - rules.8
167167 (1) T
168168 HE STATE LICENSING AUTHORITY OR LOCAL LICENSING AUTHORITY9
169169 MAY ISSUE A SPECIAL EVENT PERMIT FOR THE SALE OF REGULATED10
170170 MARIJUANA TO A LICENSEE THAT QUALIFIES UNDER THIS SECTION .11
171171 (2) (a) T
172172 O QUALIFY FOR A SPECIAL EVENT PERMIT , A LICENSEE12
173173 MUST:13
174174 (I) H
175175 OLD A SOCIAL EQUITY LICENSE; AND14
176176 (II) H
177177 OLD A MARIJUANA HOSPITALITY BUSINESS LICENSE .15
178178 (b) A
179179 LICENSEE THAT IS AUTHORIZED TO SELL RETAIL MARIJUANA16
180180 TO CUSTOMERS MAY PARTNER WITH A PERSON QUALIFIED UNDER17
181181 SUBSECTION (2)(a) OF THIS SECTION TO HOLD A SPECIAL EVENT.18
182182 (3) T
183183 HE STATE LICENSING AUTHORITY OR LOCAL LICENSING19
184184 AUTHORITY MAY SET A SPECIAL EVENT PERMIT FEE IN AN AMOUNT THAT20
185185 OFFSETS THE DIRECT AND INDIRECT COST TO THE STATE LICENSING21
186186 AUTHORITY OR LOCAL LICENSING AUTHORITY OF IMPLEMENTING THIS22
187187 SECTION.23
188188 (4) (a) T
189189 HE STATE LICENSING AUTHORITY OR LOCAL LICENSING24
190190 AUTHORITY MAY DENY THE ISSUANCE OF A SPECIAL EVENT PERMIT UPON25
191191 THE GROUNDS THAT THE ISSUANCE WOULD BE INJURIOUS TO THE PUBLIC26
192192 WELFARE BECAUSE OF THE NATURE OF THE SPECIAL EVENT , ITS LOCATION27
193193 HB25-1331
194194 -5- WITHIN THE COMMUNITY, OR THE FAILURE OF THE APPLICANT IN A PAST1
195195 SPECIAL EVENT TO CONDUCT THE EVENT IN COMPLIANCE WITH APPLICABLE2
196196 LAWS.3
197197 (b) P
198198 UBLIC NOTICE OF THE PROPOSED PERMIT AND OF THE4
199199 PROCEDURES FOR PROTESTING ISSUANCE OF THE PERMIT MUST BE5
200200 CONSPICUOUSLY POSTED AT THE PROPOSED LOCATION FOR AT LEAST TEN6
201201 DAYS BEFORE APPROVAL OF THE PERMIT .7
202202 (c) T
203203 HE STATE LICENSING AUTHORITY OR LOCAL LICENSING8
204204 AUTHORITY SHALL ADOPT RULES, ORDINANCES, OR RESOLUTIONS SETTING9
205205 THE PROCEDURES FOR APPLYING FOR A SPECIAL EVENT PERMIT AND FOR10
206206 PROTESTING THE APPLICATION FOR A SPECIAL EVENT PERMIT .11
207207 (d) P
208208 ROTEST MUST BE FILED BY AFFECTED PERSONS WITHIN TEN12
209209 DAYS AFTER THE DATE OF THE NOTICE . THE HEARING MUST BE HELD AT13
210210 LEAST TEN DAYS AFTER THE INITIAL POSTING OF THE NOTICE, AND NOTICE14
211211 OF THE HEARING MUST BE PROVIDED TO THE APPLICANT AND ANY PERSON15
212212 WHO HAS FILED A PROTEST.16
213213 (e) T
214214 HE STATE LICENSING AUTHORITY OR LOCAL LICENSING17
215215 AUTHORITY SHALL APPROVE OR DENY AN APPLICATION WITHIN NINETY18
216216 DAYS AFTER THE APPLICATION IS FILED.19
217217 (5) (a) W
218218 HEN ISSUING A PERMIT, THE STATE LICENSING AUTHORITY20
219219 OR LOCAL LICENSING AUTHORITY SHALL SPECIFY THE LOCATION WHERE21
220220 THE SPECIAL EVENT IS AUTHORIZED AND DESCRIBE THE LOCATION ON THE22
221221 PERMIT. A SPECIAL EVENT PERMIT IS VALID ONLY FOR THE LOCATION23
222222 DESCRIBED ON THE PERMIT.24
223223 (b) W
224224 HEN ISSUING A PERMIT, THE STATE OR LOCAL LICENSING25
225225 AUTHORITY SHALL SPECIFY THE DATES WHEN THE SPECIAL EVENT MAY26
226226 OCCUR AND LIST THE DATES ON THE PERMIT . A SPECIAL EVENT PERMIT27
227227 HB25-1331
228228 -6- AUTHORIZES THE SALE OF REGULATED MARIJUANA PR ODUCTS ONLY1
229229 DURING THE HOURS OF 7 A.M. OF THE DAY SPECIFIED ON THE PERMIT AND2
230230 UNTIL 2 A.M. OF THE DAY IMMEDIATELY FOLLOWING .3
231231 (c) T
232232 HE STATE LICENSING AUTHORITY OR LOCAL LICENSING4
233233 AUTHORITY SHALL NOT ISSUE A SPECIAL EVENT PERMIT TO A LICENSEE FOR5
234234 MORE THAN FIFTEEN DAYS IN ONE CALENDAR YEAR .6
235235 (6) (a) T
236236 HE HOLDER OF A SPECIAL EVENT PERMIT ISSUED UNDER7
237237 THIS SECTION IS RESPONSIBLE FOR A VIOLATION OF THIS ARTICLE 10 THAT8
238238 OCCURS AT THE SPECIAL EVENT.9
239239 (b) N
240240 OTWITHSTANDING SUBSECTION (6)(a) OF THIS SECTION, IF A10
241241 VIOLATION OF THIS ARTICLE 10 OCCURS DURING A SPECIAL EVENT AND THE11
242242 RESPONSIBLE LICENSEE CANNOT BE IDENTIFIED , THE STATE LICENSING12
243243 AUTHORITY MAY SEND WRITTEN NOTICE TO EVERY LICENSEE IDENTIFIED13
244244 ON THE PERMIT APPLICATIONS AND MAY FINE EACH LICENSEE THE SAME14
245245 DOLLAR AMOUNT. THE FINE MUST NOT EXCEED TWENTY -FIVE DOLLARS15
246246 PER LICENSEE OR TWO HUNDRED DOLLARS IN THE AGGREGATE . A JOINT16
247247 FINE LEVIED PURSUANT TO THIS SUBSECTION (6)(b) DOES NOT APPLY TO17
248248 THE REVOCATION OF A LICENSE.18
249249 SECTION 2. Act subject to petition - effective date. This act19
250250 takes effect at 12:01 a.m. on the day following the expiration of the20
251251 ninety-day period after final adjournment of the general assembly; except21
252252 that, if a referendum petition is filed pursuant to section 1 (3) of article V22
253253 of the state constitution against this act or an item, section, or part of this23
254254 act within such period, then the act, item, section, or part will not take24
255255 effect unless approved by the people at the general election to be held in25
256256 November 2026 and, in such case, will take effect on the date of the26
257257 official declaration of the vote thereon by the governor.27
258258 HB25-1331
259259 -7-