3-13 Liquor Licenses

A.    Licensing Authority

Pursuant to the authority granted by C.R.S. § 44-4-103(4) and § 44-3-103(27), as both may be amended from time to time, the City Council is hereby designated the local licensing authority (Authority) for purposes of exercising the duties and powers provided for in the Colorado Beer Code and the Colorado Liquor Code.

B.    General Provisions

The provisions of the Colorado Liquor Code, C.R.S. § 44-3-101 et seq. and C.R.S. § 44-4-101 et seq., as may be amended from time to time, together with rules and regulations of the Colorado Department of Revenue, Liquor Enforcement Division, which are applicable to local liquor license authorities and local liquor license applications, are hereby adopted as part of this Article and are incorporated herein by reference, except to the extent of any inconsistency with the other provisions of this Section. If there are inconsistencies, this Section shall control. Nothing herein shall be construed to alter or amend powers to condition, suspend or revoke a license.

C.    Powers

In addition to powers granted to the Authority pursuant to State law, the Authority shall have the following powers:

1.    To promulgate rules and regulations concerning the procedures for hearing before it and the presentation of evidence at hearings.

2.    To require any applicant for a license to furnish any relevant information required by the Authority.

3.    To administer oaths and issue subpoenas to require the presence of persons and the production of papers, books and records necessary to the determination of any hearing which the Authority is authorized to conduct. It shall constitute a violation of this Code for any person to fail to comply with any subpoena issued by the Authority in the proper conduct of its hearing.

D.    Unlawful Acts

1.    For any person owning or having possession or control of any premises to allow consumption of an alcoholic beverage or the possession of an unsealed or opened alcoholic beverage container upon such premises by any person in violation of Section 10-2-BB-2 of this Code.

2.    To serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving or procuring of any alcoholic beverage to or for any person under the age of 21 years, a visibly intoxicated person or to a known habitual drunkard.

E.    Special Event Permits and Private Events on City Property

1.    Alcoholic beverages may be consumed or possessed on City Property when the City Council has granted a permit for a Special Event. Such permits shall be granted only to a nonprofit organization in good standing with the Colorado Secretary of State and meeting the requirement of C.R.S. §44-5-102, as may be amended from time to time. A condition of each permit shall be that the permit holder shall maintain order and clean up any public areas after the event. Other conditions shall be imposed as necessary to protect the public health, safety or welfare. Upon violation of any condition, the permit may be terminated immediately by the police.

2.    Alcohol beverages may be consumed or possessed during a private event on City Property when City Staff has approved such an event.

F.    License Restrictions Based on Distance from Schools

Applications for any class of liquor license will not be denied solely on the basis of the applicant’s intent to sell alcohol beverages within a building that is less than five hundred feet from any public or private school, provided that the building is at least two hundred and fifty feet from said school and all other licensing requirements are found to be met.

(Source: Ordinance No. 11, 2018; Ordinance No. 2, 2016)