Chapter 5.12 ALCOHOLIC BEVERAGES

Under the authority granted in §§ 44-4-107 and 44-3-309, C.R.S., to the local licensing authority, the regulations in this chapter are adopted by the City Council governing the conduct of operations by licensees under § 44-4-101, C.R.S. et seq. and § 44-3-101, C.R.S. et seq.

(Code 1994 § 4-1; Code 1965 § 4-1)

Article II. Hearing Officer

Cross reference(s) – Officers and employees, Chapter 2.08 GJMC.

State law reference(s) – Definitions, §§ 44-3-103(27), 44-4-103(4), C.R.S.

5.12.110 Position established – Appointment.

In accordance with the permission of §§ 44-3-103(27) and 44-4-103(4), C.R.S., there is established in the City, as the licensing authority, the position of Hearing Officer, who shall be appointed by and serve at the pleasure of the City Council.

(Code 1994 § 4-26; Code 1965 § 4-30)

5.12.120 Duties.

The Hearing Officer shall conduct all hearings required under State and City liquor and beer codes and regulations construing and implementing the same for the issuance of all licenses and shall conduct all hearings to determine the renewal of licenses, for proposed changes of ownership of licenses and changes of the structure of licensed premises, and for proposed changes of location of licensed premises, and shall conduct all hearings brought under such codes when violations of the codes or the regulations under the codes have been alleged to have occurred.

(Amended during 2009 recodification; Code 1994 § 4-27; Code 1965 § 4-31)

5.12.130 Hearing procedures.

The Hearing Officer may establish such procedures to be followed in actions before him as may be consistent with the terms and conditions of the State liquor and beer codes and special events provisions.

The premises for which an application has been made for a new 3.2 percent beer license, an alcohol beverage license, or a special event permit shall be posted no later than noon on the fourteenth day prior to the hearing.

(Ord. 4708, 8-3-16. Code 1994 § 4-28; Code 1965 § 4-34)

5.12.140 Powers in the conduct of hearings.

The Hearing Officer shall have those powers given the local licensing authority under the State liquor and beer codes and special events provisions in conducting hearings.

(Code 1994 § 4-29; Code 1965 § 4-32)

5.12.150 Determinations with respect to hearings.

The Hearing Officer shall make his determination after hearings in accordance with the State liquor and beer codes and special events provisions and established legal principles. The decision of the Hearing Officer shall be final, and appeal from that decision shall be to the district court of the 21st Judicial District.

(Code 1994 § 4-30; Code 1965 § 4-33)

Article III. Licenses and Permits

State law reference(s) – Fees, §§ 44-3-505, 44-4-105, C.R.S.; licensing, § 44-3-301, C.R.S.; local licensing authority, §§ 44-3-309, 44-4-107, C.R.S.

5.12.210 Application fees.

(a) Under the provisions of §§ 44-3-301, 44-3-505(4), 44-4-105 and 44-4-107, C.R.S., as applicable, there shall be filed with the City Clerk with the application for a fermented malt beverage license an application fee as established by resolution of the City Council and on file in the City Clerk’s office.

(b) Under the provisions of §§ 44-3-301 and 44-3-505(4), C.R.S., there shall be filed with the City Clerk with the application for a license provided for in Title 44, Article 3, C.R.S., an application fee as established by resolution of the City Council and on file in the City Clerk’s office.

(c) The City Clerk may also, as established by resolution of the City Council and on file in the City Clerk’s office, charge a background investigation fee, fingerprinting fee and any other fee lawfully established.

(Ord. 3025, 10-1-97. Code 1994 § 4-51; Code 1965 § 4-1(d), (e))

5.12.220 Distance restriction.

Under the provisions of § 44-3-313(1)(d)(III), C.R.S., the distance that a hotel and restaurant liquor license premises must be separated from the principal campus of a college or university in the City is reduced to zero feet. The distance that optional premises permits issued in conjunction with hotel and restaurant liquor licenses must be separated from the principal campus of a college or university in the City is also reduced to zero feet.

Under the provisions of § 44-3-313(1)(d)(III), C.R.S., the distance that a brew pub liquor licensed premises must be separated from the principal campus of a college or university in the City is reduced to zero feet.

Under the provisions of § 44-3-313(1)(d)(III), C.R.S., the distance that a beer and wine liquor licensed premises must be separated from the principal campus of a college or university in the City is reduced to zero feet.

Under the provisions of § 44-3-313(1)(d)(III), C.R.S., the distance that a lodging and entertainment licensed premises must be separated from the principal campus of a college or university in the City is reduced to zero feet.

Under the provisions of § 44-3-313(1)(d)(III), C.R.S., the distance that a fermented malt beverage (off premises) licensed premises must be separated from the principal campus of a college or university in the City is reduced to zero feet.

The distance shall be determined in accordance with § 44-3-313(1)(d)(II), C.R.S., and Colorado Liquor Regulation 47-326.

Under the provisions of § 44-3-313(1)(d)(III), C.R.S., the distance that a beer and wine licensed premises must be separated from a public or parochial school in the City of Grand Junction is reduced from 500 feet to 450 feet. The distance shall be determined in accordance with § 44-3-313(1)(d)(II), C.R.S., and Colorado Liquor Regulation 47-326.

Under the provisions of § 44-3-313(1)(d)(III), C.R.S., the distance that a hotel and restaurant licensed premises must be separated from a public or parochial school in the City of Grand Junction is reduced from 500 feet to 450 feet. The distance shall be determined in accordance with § 44-3-313(1)(d)(II), C.R.S., and Colorado Liquor Regulation 47-326.

Under the provisions of § 44-3-313(1)(d)(III), C.R.S., the distance that a brew pub licensed premises must be separated from a public or parochial school in the City of Grand Junction is reduced from 500 feet to 450 feet. The distance shall be determined in accordance with § 44-3-313(1)(d)(II), C.R.S., and Colorado Liquor Regulation 47-326.

(Ord. 4997, 4-21-21; Ord. 4980, 2-17-21; Ord. 4907, 2-19-20; Ord. 4595, 7-17-13; Ord. 4460, 4-18-11; amended during 2009 recodification; Ord. 3803, 8-3-05; Ord. 3620, 5-5-04; Ord. 3025, 10-1-97. Code 1994 § 4-52; Code 1965 § 4-1(f))

State law reference(s) – Temporary licenses, § 44-3-302, C.R.S.; restrictions for applications, § 44-3-313(1)(d)(II) and (1)(d)(III), C.R.S.

5.12.230 Temporary permits.

(a) Notwithstanding anything in this article to the contrary, a local licensing authority shall have discretionary authority to issue a temporary permit to a transferee of any class of fermented malt beverage or liquor license issued by the State licensing authority. Such temporary permit shall authorize a transferee to continue selling beverages as permitted under the permanent license during the period in which an application to transfer the ownership of the license is pending.

(b) A temporary permit issued under this section shall authorize a transferee to conduct business and sell beverages at retail in accordance with the license of the transferor subject to compliance with all of the following conditions:

(1) The premises where such beverages are sold shall have been previously licensed by the State and local licensing authorities, and such license shall have been valid at the time the application for transfer of ownership was filed with the local licensing authority for a temporary permit.

(2) The applicant has filed with the local licensing authority on forms provided by the State Department of Revenue an application for the transfer of the license. Such application shall include, but not be limited to, the following information:

(i) The name and address of the applicant; if the applicant is a partnership, the names and addresses of all the partners; and, if the applicant is a corporation, association or other organization, the names and addresses of the president, vice-president, secretary, and managing officer thereof;

(ii) The applicant’s financial interest in the proposed transfer;

(iii) The premises for which the temporary permit is sought; and

(iv) Such other information as the local licensing authority may require.

(c) The application for a temporary permit under this section shall be filed no later than 30 days after the filing of the application for transfer of ownership and shall be accompanied by a temporary permit fee as established by resolution of the City Council and on file in the City Clerk’s office.

(d) A temporary permit under this section, if granted by the local licensing authority, shall be issued within three working days after the receipt of such application. A temporary permit issued pursuant to this section shall be valid until such time as the application to transfer ownership of the license to the applicant is granted or for 120 days, whichever shall first occur; except that, if the application to transfer the license has not been granted within the 120-day period and the transferee demonstrates good cause, the local licensing authority may extend, in its discretion, the validity of such permit for an additional period not to exceed 60 days.

(e) A temporary permit under this section shall also be authorized in the event of a transfer of possession of the licensed premises by operation of law, a petition in bankruptcy pursuant to federal bankruptcy law, the appointment of a receiver, a foreclosure action by a secured party, or a court order dispossessing the prior licensee of all rights of possession pursuant to Title 13, Article 40 C.R.S.

(f) A temporary permit under this section may be cancelled, revoked, or summarily suspended if the local or State licensing authority determines that there is probable cause to believe that the transferee has violated any provision of this article or has violated any rule or regulation adopted by the local or State licensing authority or has failed to truthfully disclose those matters required pursuant to the application forms of the Department of Revenue.

State law reference(s) – Similar provisions, § 44-3-303, C.R.S.

(Code 1994 § 4-53)

5.12.240 Special event permits.

(a) As authorized by law, the local licensing authority has elected not to notify the State licensing authority to obtain the State licensing authority’s approval or disapproval of an application for a special event permit. The local licensing authority will report to the Liquor Enforcement Division, within 10 days after it issues a permit, the name of the organization to which a permit was issued, the address of the permitted location, and the permitted dates of alcohol beverage service.

(b) Under the authority granted in § 44-5-107(1) and (2), C.R.S., an application for a special event permit shall be filed with the local licensing authority and shall be accompanied by a fee as established by resolution of the City Council for both investigation and issuance of such permit.

(c) A special event permit issued by the City for any event occurring in or on any public street, road, highway, and park or public way which is publicly owned shall not allow the possession and consumption of spirituous liquors.

(Ord. 4478, 8-3-11)

State law reference(s) – Special event permit, § 44-5-101, C.R.S. et seq.

5.12.245 Optional premises licenses.

(a) For the purposes of this section, the following words or phrases shall have the meanings set forth:

Optional premises applicant or optional premises licensee means the same as that defined in the Colorado Liquor Code under §§ 44-3-310(4) and 44-3-413, C.R.S.

Optional premises license means the same as that defined in the Colorado Liquor Code under §§ 44-3-310(4) and 44-3-413, C.R.S.

(b) An applicant for an optional premises license shall file with the City Clerk the following information in addition to information required by the State (application).

(c) When the application is complete and accepted as to form by the City Clerk the application will be scheduled and heard publicly by the Grand Junction liquor licensing authority (local authority). The application shall include and describe:

(1) An illustration of the optional premises area/size/boundaries and the location of the proposed optional premises license requested, that the optional premises license shall not be exercised to interfere with public access or inhibit the safety of persons using/accessing the facility(ies); and

(2) A description of the method which shall be used to identify the boundaries of the optional premises license when it is in use and how the licensee will ensure alcohol beverages are not removed from such premises; and

(3) A description of provisions, including a description of facilities, which have been made for storing the alcohol beverages in a secured area on or off the optional premises and for future use on the optional premises if or when alcohol beverages are not served including that all alcohol will be stored in the designated and approved areas in the optional premises; and

(4) A description of the provisions which will be implemented to control overservice, prevent underage service of alcohol beverages and for food service; and

(5) A description of the operational relationship between the licensed premises and the optional premises, including but not limited to that the applicant is the owner; and

(6) An oath or affirmation that the licensee shall at all times when exercising the license adhere to the applicable requirements and all other standards applicable to the consideration and/or issuance of licenses under the Colorado Liquor Code and any and all applicable local laws, rules and regulations.

(d) Nothing contained in this section shall preclude the local authority in its discretion, from imposing conditions, restrictions, or limitations on an optional premises license in order to protect the public health, safety and welfare. Any such conditions may be imposed when the license is initially issued, issued for any specific event, or renewed. The authority shall have the right to deny any request for an optional premises license or it may suspend or revoke the optional premises license in accordance with the procedures specified by law.

(e) It shall be unlawful for alcohol beverages to be served on the optional premises until the optional premises licensee has filed written notice with the State and the local authority stating the specific days and hours during which the optional premises will be used. Notice must be filed with the State and local authority 48 hours prior to serving alcohol beverages on the optional premises. Such notice shall contain the specific days and hours on which the optional premises will be used for the consumption of alcohol beverages.

(Ord. 5037, 10-20-21)

State law reference(s) – Optional premises license – Local option, § 44-3-310(4), C.R.S., and Hotel and restaurant license – Definitions – Rules, § 44-3-413, C.R.S.

5.12.250 Responsibility for conduct on licensed premises.

A licensee under this article shall be required to notify the Police Department of the City whenever any person within his establishment becomes disorderly in conduct by lewd or indecent display, rowdiness, fighting or challenging to fight, gambling, or any other conduct that would be offensive to the average citizen or to the residents of the neighborhood in which the establishment is located, and such requirement shall extend to such conduct in the area immediately adjacent to the premises as well as to the interior thereof.

(Amended during 2009 recodification; Code 1994 § 4-55; Code 1965 § 4-1(a))

5.12.260 Suspension of license – Fines.

(a) Payment of Fine in Lieu of Suspension of License.

(1) Whenever a decision of the Hearing Officer suspending a retail license for 14 days or less becomes final, whether by failure of the retail licensee to appeal the decision or by exhaustion of all appeals and judicial review, the retail licensee may, before the operative date of the suspension, petition for permission to pay a fine in lieu of having his retail license suspended for all or part of the suspension period. Upon the receipt of the petition, the Hearing Officer may, in his sole discretion, stay the proposed suspension and cause any investigation to be made which he deems desirable and may, in his sole discretion, grant the petition if satisfied that:

(i) The public welfare and morals would not be impaired by permitting the retail licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes;

(ii) The books and records of the retail licensee are kept in such a manner that the loss of sales of alcoholic beverages which the retail licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy therefrom; and

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

(2) The fine accepted shall be the equivalent of 20 percent of the retail licensee’s estimated gross revenues from sales of alcoholic beverages during the period of the proposed suspension; except that the fine shall be not less than $200.00 nor more than $5,000.

(3) Payment of any fine pursuant to the provisions of this subsection (a) shall be in the form of cash or in the form of a certified check or cashier’s check made payable to the City.

(b) Upon payment of the fine pursuant to subsection (a) of this section, the Hearing Officer shall enter a further order permanently staying the imposition of the suspension. The City Council shall cause such moneys to be paid into the general fund of the City.

(c) In connection with any petition pursuant to subsection (a) of this section, the authority of the Hearing Officer is limited to the granting of such stays as are necessary for him to complete his investigation and make findings and, if the Hearing Officer makes such findings, to the granting of an order permanently staying the imposition of the entire suspension or that portion of the suspension not otherwise conditionally stayed.

(d) If the Hearing Officer does not make the findings required in subsection (a)(1) of this section and does not order the suspension permanently stayed, the suspension shall go into effect on the operative date finally set by the Hearing Officer.

(Code 1994 § 4-56; Code 1965 § 4-35)

State law reference(s) – Suspension or revocation of license, § 44-3-601, C.R.S.

Article IV. Alcoholic Beverage Tastings

5.12.310 Definitions.

Terms used in this article which are defined in the Colorado Liquor Code (Title 44, Article 3, C.R.S.) or in the Colorado Beer Code (Title 44, Article 3, C.R.S.) shall have the meanings provided in such statutes. Additionally, as used in this article, the following words, terms and phrases shall have the meanings ascribed to them in this section.

Tasting permit means a separate permit issued by the local licensing authority pursuant to this article authorizing tastings of beer and wine to be conducted by the licensee.

(Ord. 3716 § 1, 2-2-05. Code 1994 § 4-57)

5.12.320 Permit required.

(a) The City hereby authorizes tastings to be conducted by retail liquor store or liquor-licensed drugstore licensees in accordance with this section and pursuant to § 44-3-301, C.R.S., as the term “tastings” is defined in said § 44-3-301, C.R.S.

(b) It is unlawful for any person or licensee to conduct tastings within the City unless a tastings permit has been obtained in accordance with this article. The local licensing authority for the City is authorized to issue tasting permits in accordance with the requirements of this article.

(c) A retail liquor store or a liquor-licensed drugstore licensee that wishes to conduct tastings shall submit an application for a tastings permit to the local licensing authority. The application shall be accompanied by an application fee of $100.00.

(d) The local licensing authority may deny the application if the applicant fails to establish that the licensee is able to conduct tastings without violating the provisions of this article or creating a public safety risk.

(e) The local licensing authority shall establish the application procedure. Application forms will be prescribed by the local licensing authority and will include an affidavit of compliance, and other such information as the local licensing authority may require. The local licensing authority must be notified in writing if any information on the application is changed. Failure to do so constitutes a violation.

(f) Renewal of the tastings permit shall be concurrent with renewal of the retail liquor store or liquor-licensed drugstore license. The initial tastings permit shall expire on the date of the retail liquor store or liquor-licensed drugstore license and the initial fee will not be prorated.

(g) Tastings shall be subject to the limitations set forth in § 44-3-301(10)(c), C.R.S., as amended from time to time. Compliance with the limitations and requirements set forth in § 44-3-301(10)(c), C.R.S., shall be a term and condition of any tasting permit, whether expressly set forth in the tasting permit or not. Additionally, the following conditions shall apply to all tasting permits issued within the corporate limits of the City of Grand Junction:

(1) No more than four individual samples of up to one ounce of malt or vinous liquors or up to one-half of one ounce of spiritous liquors may be provided to a customer. The samples must be provided free of charge.

(2) Tastings may occur on days that the licensee may be open for business and shall not exceed 156 days per year.

(3) Tastings shall not exceed five consecutive hours per day.

(4) Tastings shall be conducted during the licensee’s operating hours and in any event no earlier than 11:00 a.m. or later than 9:00 p.m.

(5) Samples to be tasted shall be served in open containers.

(6) Each licensee shall maintain a log that shall be subject to the review of the licensing authority and shall include (but is not limited to) the dates and times of each tasting, the names of the persons conducting the tastings and documentation that the person conducting the tasting has completed the required training.

(h) Tastings authorized pursuant to this section shall be allowed only for a retail liquor store or liquor-licensed drugstore operating within the City whose license is valid, in good standing and in full force and effect.

(Ord. 4907, 2-19-20; Ord. 4345, 4-13-09; Ord. 3716 § 1, 2-2-05. Code 1994 § 4-58)

5.12.330 Violations.

(a) A violation of a limitation specified in § 44-3-301, 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.

(b) 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 for a violation of any of § 44-3-301, C.R.S.

(Ord. 3716 § 1, 2-2-05. Code 1994 § 4-59)

5.12.340 Severability.

If any portion of this article is held to be unconstitutional or invalid for any reason, such decision shall not affect the constitutionality or validity of the remaining portions of this article. The City Council hereby declares that it would have passed this article and each part hereof irrespective of the fact that any one part be declared unconstitutional or invalid.

(Ord. 3716 § 1, 2-2-05. Code 1994 § 4-60)

5.12.350 Repeal of conflicting provisions.

(a) All other ordinances or portions thereof inconsistent or conflicting with this article or any portions hereof are hereby repealed to the extent of such inconsistency or conflict.

(b) The repeal or amendment of any provision of the code by this article shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions.

(Ord. 3716 § 1, 2-2-05. Code 1994 § 4-61)