Chapter 5.15
OPTIONAL PREMISES LIQUOR LICENSES AND PERMITS
Sections:
5.15.010 Optional premises licenses and permits authorized.
5.15.020 Materials to be submitted by the applicant.
5.15.030 Processing applications.
5.15.040 Terms and conditions.
5.15.010 Optional premises licenses and permits authorized.
Subject to annual renewal, optional premises licenses and optional premises permits for hotel and restaurant licenses, as defined by Sections 44-3-103(33), 44-3-310 and 44-3-415, C.R.S., as amended, may be issued by the local licensing authority for the following types of outdoor sports and recreational facilities:
(a) Golf courses;
(b) Ski areas;
(c) Swimming pools;
(d) Tennis courts;
(e) Golf driving ranges;
(f) Ice skating rinks;
(g) Nonprofit recreational event fundraising facilities. [Ord. 907 § 1, 2019; Ord. 537 § 1, 2002. Code 1999 § 9-2-1].
5.15.020 Materials to be submitted by the applicant.
To obtain an optional premises license or an optional premises permit for a hotel and restaurant license, application shall be made to the town clerk on forms to be furnished by the town clerk for that purpose. Such forms shall require the following information in addition to the information required by the state licensing authority and other provisions of this code:
(a) A detailed diagram of the outdoor sports and recreational facility showing:
(1) The location of the outdoor sports and recreational facility;
(2) The location of all proposed optional premises;
(3) The locations of the facilities that are proposed to be used for the sale or service of alcoholic beverages;
(4) Seating, if any;
(5) Restroom facilities, if any;
(6) Restrictions, if any, to access to the optional premises; and
(7) Location of secured area or areas for use in storing alcoholic beverages for future use on the optional premises.
(b) A written statement setting forth what will be done to secure the optional premises and storage areas and why the local licensing authority should grant the license or permit.
(c) Such other information as reasonably may be required to satisfy the local licensing authority that control of the optional premises will be assured, and that the health, safety and welfare of the neighborhood and outdoor sports and recreational facility users will not be adversely affected should the license or permit be issued.
(d) Evidence that the state licensing authority has approved or is considering approval of the location proposed to be optional premises, as required by the Colorado Liquor Code. [Ord. 537 § 1, 2002. Code 1999 § 9-2-2].
5.15.030 Processing applications.
(a) An application for an optional premises license shall be processed in the same manner as an application for a new hotel and restaurant license.
(b) An application for a new hotel and restaurant license with optional premises permit shall be processed in the same manner as any other hotel and restaurant license application.
(c) If an application to use optional premises is filed in connection with an existing hotel and restaurant license, then the application shall be processed in the same manner as an application to modify or expand licensed premises. [Ord. 537 § 1, 2002. Code 1999 § 9-2-3].
5.15.040 Terms and conditions.
Issuance of an optional premises license or an optional premises permit for a hotel and restaurant license shall be subject to the following terms and conditions, any of which may be imposed when the license or permit is initially issued or renewed or whenever any specific event or use of the license or permit so warrants:
(a) No optional premises may include a parking lot or a roadway.
(b) No alcoholic beverages may be sold, served or consumed outside the designated areas.
(c) With regard to an optional premises permit for a hotel and restaurant license, the outdoor sports and recreational facility must be located on or adjacent to the hotel or restaurant. For purposes of determining whether such facility is adjacent to the hotel or restaurant, intervening roadways shall be ignored.
(d) The applicant shall be the owner of the outdoor sports and recreational facility, or have the right to possess and control such facility for a period of no less than one year from the date an optional premises license or permit is issued or renewed.
(e) Such other conditions, restrictions or limitations as the local licensing authority deems necessary in order to serve the public health, safety and welfare. [Ord. 537 § 1, 2002. Code 1999 § 9-2-4].
5.15.050 Notice.
It shall be unlawful for any alcoholic beverages to be served on a licensed optional premises without the licensee having first provided written notice to the town clerk and the state licensing authority no less than 48 hours prior to such service of alcoholic beverages. Such notice shall contain specific days and hours on which the optional premises are to be used for the sale or service of alcoholic beverages. Nothing contained herein shall preclude written notice, submitted within the time limits set out above, from specifying that an optional premises may be utilized for a continuous or extended period of time. However, should any special or unusual event be anticipated to occur during any extended period of time, no less than 48 hours’ written notice should be given to the Granby police department, who shall have the authority, on behalf of the local licensing authority, to impose any conditions reasonably related towards serving the public health, safety and welfare. The licensee may file more than one notice during a calendar year. [Amended during 2011 recodification; Ord. 537 § 1, 2002. Code 1999 § 9-2-5].
5.15.060 Discretion of local authority.
Nothing in this chapter shall preclude the local licensing authority, in its discretion, from denying an application for an optional premises license or an optional premises permit for a hotel and restaurant license. [Ord. 537 § 1, 2002. Code 1999 § 9‑2‑6].
5.15.070 Renewal.
The local liquor licensing authority may decline to renew an optional premises license or an optional premises permit for a hotel and restaurant license for good cause shown, subject to judicial review. [Ord. 537 § 1, 2002. Code 1999 § 9-2-7].
5.15.080 Enforcement.
It shall be unlawful for any person to sell or dispense alcoholic beverages at an outdoor sports and recreational facility without having first obtained a valid optional premises license or an optional premises permit for a hotel and restaurant license as provided by this section, or to violate any provision, restriction or condition of such license or permit if one has been issued. In addition, the local liquor licensing authority may suspend or revoke an optional premises license or an optional premises permit for a hotel and restaurant license in accordance with the procedures specified by and upon consideration of the criteria set forth in the Colorado Liquor Code, the C.R.S., and this code, all as amended. [Ord. 537 § 1, 2002. Code 1999 § 9-2-8].
5.15.090 Alcoholic beverage tastings.
Tastings may be conducted by retail liquor store or liquor-licensed drugstore licensees in accordance with this section and pursuant to Section 44-3-301, C.R.S, as the term “tastings” is defined in said Section 44-3-301. It is unlawful for any person or licensee to conduct tastings within the town unless authorized in accordance with this section.
(a) Alcoholic Beverage Tastings License Required. A retail liquor store or liquor-licensed drugstore licensee may conduct tastings only pursuant to a valid alcoholic beverage tastings license.
(b) Application. A retail liquor store or liquor-licensed drugstore licensee who wishes to conduct tastings shall submit an application to the local liquor licensing authority on forms supplied by the local liquor licensing authority. Such application shall be accompanied by a nonrefundable annual fee of $50.00.
(c) Approval or Denial of Application. If the applicant demonstrates that he or she is able to conduct tastings without violating the provisions of this section or Section 44-3-301(10)(a), C.R.S., and without creating a public safety risk to the neighborhood, the application shall be approved and the alcoholic beverage tastings license issued. Otherwise, the application shall be denied. The town clerk is hereby authorized to process and approve alcoholic beverage tastings licenses.
(d) Annual License. An alcoholic beverage tastings license shall be valid for one year, and shall run concurrently with the retail liquor store or liquor-licensed drugstore license of the holder of the alcoholic beverage tastings license; provided, however, that the first alcoholic beverage tastings license issued to a retail liquor store or liquor-licensed drugstore licensee shall be valid only until the expiration of the then-current retail liquor store or liquor-licensed drugstore license.
(e) Limitations on Tastings. Tastings conducted by the holder of an alcoholic beverage tastings license shall be subject to the limitations and requirements set forth in Section 44-3-301(10)(c), C.R.S., as amended from time to time, and limitations set forth in this section. Compliance with the limitations and requirements set forth in Section 44-3-301(10)(c), C.R.S., and this section shall be a term and condition of any alcoholic beverage tastings license, whether expressly set forth in the alcoholic beverage tastings license or not.
(f) Tastings Once Authorized Shall Be Subject to the Following Limitations.
(1) Tastings shall be conducted only by a person who has completed a server training program that meets the standards established by the Liquor Enforcement Division in the Department of Revenue and who is either a retail liquor store licensee or a liquor-licensed drugstore licensee, or an employee of a licensee, and only on a licensee’s licensed premises.
(2) The alcohol used in tastings shall be purchased through a licensed wholesaler, licensed brew pub, or winery licensed pursuant to Section 44-3-403, C.R.S., at a cost that is not less than the laid-in cost of such alcohol.
(3) The size of an individual alcohol sample shall not exceed one ounce of malt or vinous liquor or one-half of one ounce of spirituous liquor.
(4) Tastings shall not exceed a total of five hours in duration per day, which need not be consecutive.
(5) Tastings shall be conducted only during the operating hours in which the licensee on whose premises the tastings occur is permitted to sell alcoholic beverages, and in no case earlier than 11:00 a.m. or later than 7:00 p.m.
(6) The licensee shall prohibit patrons from leaving the licensed premises with an unconsumed sample.
(7) The licensee shall promptly remove all open and unconsumed alcoholic beverage samples from the licensed premises or shall destroy the samples immediately following the completion of the tasting.
(8) The licensee shall not serve a person who is under 21 years of age or who is visibly intoxicated.
(9) The licensee shall not serve more than four individual samples to a patron during a tasting.
(10) Alcohol samples shall be in open containers and shall be provided to a patron free of charge.
(11) Tastings may occur on no more than four of the six days from a Monday to the following Saturday, not to exceed 104 days per year.
(12) No manufacturer of spirituous or vinous liquors shall induce a licensee through free goods or financial or in-kind assistance to favor the manufacturer’s products being sampled at a tasting. The licensee shall bear the financial and all other responsibility for a tasting.
(13) A violation of this code provision or of Section 44-3-801, C.R.S., by a retail liquor store or liquor-licensed drugstore licensee, whether by his or her employees, agents, or otherwise, shall be the responsibility of the retail liquor store or liquor-licensed drugstore licensee who is conducting the tasting.
(14) A retail liquor store or liquor-licensed drugstore licensee conducting a tasting shall be subject to the same revocation, suspension, and enforcement provisions as otherwise apply to the licensee.
(15) Nothing in this code provision shall affect the ability of a Colorado winery licensed pursuant to Section 44-3-402 or 44-3-403, C.R.S., to conduct a tasting pursuant to the authority of Section 44-3-402(2) or 44-3-403(2)(e), C.R.S.
(g) Written Notice to the Granby Police Department Required. A written notice to the town of Granby’s police department must be provided at least 72 hours before a licensee is allowed to conduct a tasting. The notice shall include the name of the liquor-licensed premises and the person who is submitting the notice and shall indicate the date and time the tasting is to take place. Confirmation of such notice shall be provided to the town clerk.
(h) Proof of Qualifications of Persons Conducting Tastings. Upon the request of any peace officer, the holder of an alcoholic beverage tastings license shall provide proof that tastings are to be conducted only by a person who has completed a server training program that meets the standards established by the Liquor Enforcement Division in the Department of Revenue of the state of Colorado, and who is either the retail liquor store licensee or liquor-licensed drugstore licensee, or an employee of such licensee. [Ord. 666 § 1, 2006. Code 1999 § 9-2-9].