C.R.S. § 44-10-901 — CO Code / Title 44 / Article 10 / Part 9 / Section 44-10-901
44-10-901. Suspension - revocation - fines
Status: in_force

44-10-901. Suspension - revocation - fines. (1) In addition to any other sanctions prescribed by this article 10 or rules promulgated pursuant to this article 10, the state licensing authority or local licensing authority has the power, on its own motion or on complaint, after investigation and opportunity for a public hearing at which the licensee must be afforded an opportunity to be heard, to fine a licensee or to suspend or revoke a license issued by the authority for a violation by the licensee or by any of the agents or employees of the licensee of the provisions of this article 10, or any of the rules promulgated pursuant to this article 10, or of any of the terms, conditions, or provisions of the license issued by the state or local licensing authority. The state or local licensing authority has the power 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 a hearing that the state or local licensing authority is authorized to conduct.

(2) The state or local licensing authority shall provide notice of suspension, revocation, fine, or other sanction, as well as the required notice of the hearing pursuant to subsection (1) of this section, by mailing the same in writing to the licensee at the address contained in the license and, if different, at the last address furnished to the authority by the licensee. Except in the case of a summary suspension, a suspension is not for a period longer than six months. If a license is suspended or revoked, a part of the fees paid therefor are not returned to the licensee. Any license, registration, or permit may be summarily suspended by the issuing authority without notice pending any prosecution, investigation, or public hearing pursuant to the terms of section 24-4-104 (4). Nothing in this section prevents the summary suspension of a license pursuant to section 24-4-104 (4). Each patient registered with a medical marijuana store that has had its license summarily suspended may immediately transfer his or her primary store to another licensed medical marijuana store.

(3) (a) Whenever a decision of the state or local licensing authority suspending a license for fourteen days or less becomes final, the licensee may, before the operative date of the suspension, petition for permission to pay a fine in lieu of having the license suspended for all or part of the suspension period. Upon the receipt of the petition, the state or local licensing authority may, in its sole discretion, stay the proposed suspension and cause any investigation to be made that it deems desirable and may, in its sole discretion, grant the petition if the state or local licensing authority is satisfied that:

(I) The public welfare would not be impaired by permitting the 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 licensee are kept in such a manner that the loss of sales that the licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy; and

(III) The licensee has not had his or her 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 that resulted in a final decision to suspend the license or permit.

(b) The fine accepted must be not less than five hundred dollars nor more than one hundred thousand dollars.

(c) Payment of a fine pursuant to the provisions of this subsection (3) must be in the form of cash or in the form of a certified check or cashier's check made payable to the state or local licensing authority, whichever is appropriate.

(4) Upon payment of the fine pursuant to subsection (3) of this section, the state licensing authority shall enter its further order permanently staying the imposition of the suspension. Fines paid to the state licensing authority pursuant to subsection (3) of this section are transmitted to the state treasurer, who shall credit the same to the general fund.

(5) In connection with a petition pursuant to subsection (3) of this section, the authority of the state or local licensing authority is limited to the granting of such stays as are necessary for the authority to complete its investigation and make its findings and, if the authority 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.

(6) If the state or local licensing authority does not make the findings required in subsection (3)(a) of this section and does not order the suspension permanently stayed, the suspension goes into effect on the operative date finally set by the state or local licensing authority.

(7) Each local licensing authority shall report all actions taken to impose fines, suspensions, and revocations to the state licensing authority in a manner required by the state licensing authority. No later than January 15 of each year, the state licensing authority shall compile a report of the preceding year's actions in which fines, suspensions, or revocations were imposed by the state licensing authority. The state licensing authority shall file one copy of the report with the chief clerk of the house of representatives, one copy with the secretary of the senate, and six copies in the joint legislative library.
C.R.S. § 44-20-201 — CO Code / Title 44 / Article 20 / Part 2 / Section 44-20-201
44-20-201. Definitions
Status: in_force

44-20-201. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Person" means any individual, firm, corporation, partnership, association, trustee, receiver, or assignee for the benefit of creditors.

(2) "Sell", "sold", "buy", and "purchase" include exchange, barter, gift, and offer or contract to sell or buy.
C.R.S. § 44-20-440 — CO Code / Title 44 / Article 20 / Part 4 / Section 44-20-440
44-20-440. Repeal of part
Status: repealed

44-20-440. Repeal of part. This part 4 is repealed, effective September 1, 2027. Before its repeal, this part 4 is scheduled for review in accordance with section 24-34-104.
C.R.S. § 44-30-703 — CO Code / Title 44 / Article 30 / Part 7 / Section 44-30-703
44-30-703. Audits and annual reports
Status: in_force

44-30-703. Audits and annual reports. The limited gaming fund shall be audited at least annually by or under the direction of the state auditor, who shall submit a report of the audit to the legislative audit committee. The expenses of the audit shall be paid from the limited gaming fund.
C.R.S. § 44-50-1001 — CO Code / Title 44 / Article 50 / Part 10 / Section 44-50-1001
44-50-1001. Sunset review - repeal of article
Status: repealed

44-50-1001. Sunset review - repeal of article. (1) This article 50 is repealed, effective September 1, 2032.

(2) Prior to the repeal of this article 50, the department of regulatory agencies shall conduct a sunset review as described in section 24-34-104 (5).
C.R.S. § 44-30-1702 — CO Code / Title 44 / Article 30 / Part 17 / Section 44-30-1702
44-30-1702. Responsible gaming grant program - creation - rules - application process - cash
Status: repealed

44-30-1702. Responsible gaming grant program - creation - rules - application process - cash fund created - repeal. (1) The responsible gaming grant program is hereby created in the department to promote responsible gaming and address problem gaming in the state.

(2) (a) The commission, in collaboration with the behavioral health administration, shall administer the grant program and shall award grants as provided in this section. Grants shall be paid out of the fund.

(b) The commission may seek, accept, and expend gifts, grants, and donations for the purposes of the grant program. Any money received as gifts, grants, and donations by the commission shall be transferred to the state treasurer, who shall credit the money to the fund.

(3) The commission, in collaboration with the behavioral health administration, shall promulgate such rules as are required in this section and such additional rules as may be necessary to implement the grant program. At a minimum, the rules must specify the time frames for applying for grants, the form of the grant program application, and the time frames for distributing grant money.

(4) To receive a grant, an eligible applicant must submit an application to the commission in accordance with rules promulgated by the commission. At a minimum, the application must include the following information:

(a) The amount of grant money requested by the eligible applicant;

(b) How the eligible applicant will spend the grant money to address problem gaming or increase awareness of responsible gaming;

(c) Information concerning any current or past projects in which the eligible applicant has participated and that addressed responsible gaming or problem gaming; and

(d) Any other information required by rules promulgated by the commission pursuant to subsection (3) of this section.

(5) The commission shall review the applications received pursuant to this section. In awarding grants, the commission, in collaboration with the behavioral health administration, shall consider the following criteria:

(a) The current needs of the state relating to responsible or problem gaming;

(b) The overall impact that a proposed grant may have on responsible or problem gaming;

(c) The amount of money available in the fund;

(d) The amount of grant money requested by each eligible applicant;

(e) Whether the eligible applicant intends to use grant money for any of the following purposes:

(I) Prevention or education services concerning gambling addiction;

(II) Certification of gambling addiction counselors;

(III) Public awareness of services concerning gambling addiction;

(IV) Treatment of gambling addiction disorders;

(V) Recovery services; or

(VI) Data reporting and data systems; and

(f) Any other criteria established by rules promulgated by the commission pursuant to subsection (3) of this section.

(6) Grantees shall use grant money only for the purposes for which the grant money is awarded.

(7) (a) On or before September 1, 2023, and on or before September 1 each year thereafter through the year following the year after which a grantee fully expends its grant money, each grantee shall submit a report to the commission. At a minimum, the report must include the following information:

(I) An indication of whether the grantee achieved the objectives that the grantee described in its application for a grant;

(II) An evaluation of the results of the grantee's grant-funded project;

(III) A description of the impact of the grantee's use of grant money on the community with regard to responsible or problem gaming;

(IV) The total amount of grant money received and the total amount of grant money expended by the grantee; and

(V) Any other information that is required by rules promulgated by the commission pursuant to subsection (3) of this section.

(b) On or before December 1, 2023, and on or before December 1 each year thereafter for the duration of the grant program, the commission shall submit a summarized report to the public and behavioral health and human services committee of the house of representatives and the health and human services committee of the senate, or to any successor committees, and to the behavioral health administration concerning the grant program. At a minimum, the report must include the following information:

(I) The total number of grants, and the total amount of grant money, awarded by the grant program in the preceding state fiscal year;

(II) The identity of each grantee and the total amount of grant money awarded to each grantee in the preceding state fiscal year;

(III) The information reported by each grantee pursuant to subsections (7)(a)(II) and (7)(a)(III) of this section; and

(IV) Financial statements concerning the status of, and activities concerning, the fund.

(c) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement set forth in subsection (7)(b) of this section continues until the grant program repeals pursuant to subsection (9) of this section.

(8) (a) The responsible gaming grant program cash fund is hereby created in the state treasury. The fund consists of:

(I) Money transferred to the fund from the wagering revenue recipients hold-harmless fund pursuant to section 44-30-1509 (2)(c)(IV);

(II) Money transferred to the fund from the limited gaming fund pursuant to section 44-30-701 (2)(a)(VI.5);

(III) Any gifts, grants, and donations received pursuant to subsection (2)(b) of this section; and

(IV) Any other money that the general assembly may appropriate or transfer to the fund.

(b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Any money remaining in the fund at the end of a fiscal year remains in the fund.

(c) Money in the fund is annually appropriated to the department for use by the commission for the purposes described in this section. Any money that is awarded as a grant to any state agency is further annually appropriated to the state agency for use by the state agency consistent with this section.

(d) The commission may expend money from the fund to pay the direct and indirect administrative expenses incurred by the commission in administering the grant program; except that the total amount of money expended by the commission pursuant to this subsection (8)(d) in a state fiscal year may not exceed five percent of the total amount of grant money awarded by the commission in that state fiscal year.

(e) On August 31, 2032, the state treasurer shall transfer all unexpended and unencumbered money in the fund on that date to the general fund.

(9) This section is repealed, effective September 1, 2032. Before the repeal, the grant program is scheduled for review in accordance with section 24-34-104.
C.R.S. § 44-50-202 — CO Code / Title 44 / Article 50 / Part 2 / Section 44-50-202
44-50-202. Powers and duties of state licensing authority - report - rules
Status: in_force

44-50-202. Powers and duties of state licensing authority - report - rules. (1) The state licensing authority shall:

(a) Beginning on or before December 31, 2024, grant or refuse state licenses for the cultivation, manufacturing, testing, storage, distribution, transport, transfer, and dispensation of regulated natural medicine or regulated natural medicine product; suspend, fine, restrict, or revoke such licenses, whether active, expired, or surrendered, upon a violation of this article 50 or a rule promulgated pursuant to this article 50; and impose any penalty authorized by this article 50 or a rule promulgated pursuant to this article 50. The state licensing authority may take any action with respect to a registration or permit pursuant to this article 50 as it may with respect to a license issued pursuant to this article 50, in accordance with the procedures established pursuant to this article 50.

(b) Promulgate rules for the proper regulation and control of the cultivation, manufacturing, testing, storage, distribution, transport, transfer, and dispensation of regulated natural medicine or regulated natural medicine product and for the enforcement of this article 50 and promulgate amended rules and such special rulings and findings as necessary;

(c) Conduct investigations and hearings, gather evidence, and pursue disciplinary actions with respect to licenses when the state licensing authority has reasonable cause to believe that a person or entity is violating this article 50 or a rule promulgated pursuant to this article 50;

(d) (I) Petition a district court for an investigative subpoena applicable to a person who is not licensed pursuant to this article 50 to obtain documents or information necessary to enforce a provision of this article 50 or a rule promulgated pursuant to this article 50 after reasonable efforts have been made to obtain requested documents or information without a subpoena;

(II) Apply to any court of competent jurisdiction to temporarily restrain or preliminarily or permanently enjoin the act in question of a person who is not licensed pursuant to this article 50 and to enforce compliance with this article 50 or a rule promulgated pursuant to this article 50 whenever it appears to the director of the natural medicine division upon sufficient evidence satisfactory to the director of the natural medicine division that a person has been or is committing an act prohibited by this article 50 or a rule promulgated pursuant to this article 50, and the act:

(A) Threatens public health or safety; or

(B) Constitutes an unlawful act for which the person does not hold the required license pursuant to this article 50;

(e) Hear and determine at a public hearing any contested state license denial and any complaints against a licensee and 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 so held, all in accordance with article 4 of title 24. The state licensing authority may, in its discretion, delegate to the department's hearing officers the authority to conduct licensing, disciplinary, and rule-making hearings pursuant to section 24-4-105. When conducting the hearings, the hearing officers are employees of the state licensing authority under the direction and supervision of the executive director and the state licensing authority.

(f) Develop forms, licenses, identification cards, and applications as necessary or convenient in the discretion of the state licensing authority for the administration of this article 50 or a rule promulgated pursuant to this article 50;

(g) In coordination with the division of professions and occupations within the department of regulatory agencies pursuant to section 12-170-105 (1)(j), annually publish a publicly available report concerning the implementation and administration of this article 50 and article 170 of title 12. The report must use relevant data, as determined by the state licensing authority and the director, and must not disclose the identity of any participant or include any information that could disclose the identity of a participant.

(h) Develop and promote accurate public education campaigns related to the use of natural medicine or natural medicine product, including public service announcements, educational materials, and appropriate crisis response materials, and develop and promote training materials for first responders and multi-responders, including law enforcement, emergency medical providers, social services providers, and fire fighters.

(2) Nothing in this article 50 delegates to the state licensing authority the power to fix prices for regulated natural medicine or regulated natural medicine product.

(3) Nothing in this article 50 limits a law enforcement agency's ability to investigate unlawful activity in relation to a natural medicine licensee. A law enforcement agency has the authority to run a Colorado crime information center criminal history record check of a licensee or employee of a licensee during an investigation of unlawful activity related to natural medicine or natural medicine product.

(4) The state licensing authority shall coordinate with the executive director of the department of public health and environment concerning the establishment of standards for licensing laboratories pursuant to the requirements outlined in section 25-1.5-120 for regulated natural medicine and regulated natural medicine product.

(5) The state licensing authority shall, when financially feasible, establish procedures, policies, and programs to ensure this article 50 and rules promulgated pursuant to this article 50 are equitable and inclusive and promote the licensing, registration, and permitting of, and provision of natural medicine and natural medicine product to, persons from communities that have been disproportionately harmed by high rates of arrest for controlled substances, persons who face barriers to health-care access, persons who have traditional, tribal, or Indigenous history with natural medicine or natural medicine product, or persons who are veterans. The state licensing authority may consult the board when considering procedures, policies, and programs pursuant to this subsection (5).

(6) The state licensing authority has authority to collect available and relevant data necessary to perform functions and duties necessary to administer this article 50.

(7) The state licensing authority, in coordination with other relevant agencies, shall request available and relevant data concerning law enforcement incidences, adverse health events, impacts to health-care systems, consumer protection claims, and behavioral health impacts related to natural medicine, natural medicine product, and natural medicine businesses. The state licensing authority shall include the available and relevant data in the report required pursuant to subsection (1)(g) of this section.

(8) The state licensing authority shall perform other functions and duties necessary to administer this article 50.
C.R.S. § 44-30-834 — CO Code / Title 44 / Article 30 / Part 8 / Section 44-30-834
44-30-834. Revocation or expiration of license - requirement of notification
Status: in_force

44-30-834. Revocation or expiration of license - requirement of notification. A licensee whose license has been revoked or has expired shall notify the licensee's employer within twenty-four hours after the revocation or expiration.
C.R.S. § 44-30-520 — CO Code / Title 44 / Article 30 / Part 5 / Section 44-30-520
44-30-520. Appeal of final action of commission
Status: in_force

44-30-520. Appeal of final action of commission. Any person aggrieved by a final action of the commission may appeal the final action to the court of appeals pursuant to section 24-4-106.
C.R.S. § 44-30-1406 — CO Code / Title 44 / Article 30 / Part 14 / Section 44-30-1406
44-30-1406. Quorum - action
Status: in_force

44-30-1406. Quorum - action. No official business of the commission shall be conducted unless a quorum of not less than four members is present. The concurring vote of at least four members of the commission is necessary to constitute an official act of the commission.
C.R.S. § 44-10-304 — CO Code / Title 44 / Article 10 / Part 3 / Section 44-10-304
44-10-304. Results of investigation - decision of authorities - medical marijuana
Status: in_force

44-10-304. Results of investigation - decision of authorities - medical marijuana. (1) Not less than five days prior to the date of the public hearing authorized in section 44-10-303, the local licensing authority shall make known its findings, based on its investigation, in writing to the applicant and other parties of interest. The local licensing authority has authority to refuse to issue a license provided for in this section for good cause, subject to judicial review.

(2) Before entering a decision approving or denying the application for a local medical marijuana business license, the local licensing authority may consider, except where this article 10 specifically provides otherwise, the facts and evidence adduced as a result of its investigation, as well as any other facts pertinent to the type of license for which application has been made, including the number, type, and availability of medical marijuana stores, medical marijuana cultivation facilities, or medical marijuana products manufacturers located in or near the premises under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed.

(3) Within thirty days after the public hearing or completion of the application investigation, a local licensing authority shall issue its decision approving or denying an application for local licensure. The decision must be in writing and must state the reasons for the decision. The local licensing authority shall send a copy of the decision by certified mail to the applicant at the address shown in the application.

(4) After approval of an application, the local licensing authority shall not issue a local license until the building in which the business to be conducted is ready for occupancy with such furniture, fixtures, and equipment in place as are necessary to comply with the applicable provisions of this article 10, and then only after the state or local licensing authority has inspected the premises to determine that the applicant has complied with the architect's drawing and the plot plan and detailed sketch for the interior of the building submitted with the application pursuant to section 44-10-301 (4).

(5) After approval of an application for conditional state licensure, the state licensing authority shall notify the local licensing authority of such approval. After approval of an application for local licensure, the local licensing authority shall notify the state licensing authority of such approval, and the state licensing authority shall investigate and either approve or disapprove the application for state licensure.
C.R.S. § 44-10-314 — CO Code / Title 44 / Article 10 / Part 3 / Section 44-10-314
44-10-314. License renewal - unified renewal applications - rules
Status: in_force

44-10-314. License renewal - unified renewal applications - rules. (1) Ninety days prior to the expiration date of an existing medical marijuana business or retail marijuana business license, the state licensing authority shall notify the licensee of the expiration date by first-class mail at the licensee's address of record with the state licensing authority. A licensee must apply for the renewal of an existing license to the local licensing authority within the time frame required by local ordinance or regulation and to the state licensing authority prior to the expiration of the license. The licensee shall provide the state licensing authority with information establishing that the application complies with all local requirements for the renewal of a license. If a licensee submits a timely and sufficient renewal application, the licensee may continue to operate until the application is finally acted upon by the state licensing authority. The local licensing authority may hold a hearing on the application for renewal of a medical marijuana business license only if the licensee has had complaints filed against it, has a history of violations, or there are allegations against the licensee that would constitute good cause. The local licensing authority shall not hold a renewal hearing provided for by this subsection (1) for a medical marijuana store until it has posted a notice of hearing on the licensed medical marijuana store premises in the manner described in section 44-10-303 (2) for a period of ten days and provided notice to the applicant at least ten days prior to the hearing. The local licensing authority may refuse to renew any license for good cause, subject to judicial review.

(2) The state licensing authority may require an additional fingerprint request when there is a demonstrated investigative need.

(3) On or after January 1, 2026, the state licensing authority shall promulgate rules authorizing multiple regulated marijuana business licensees with identical controlling beneficial owners to submit a single initial application or a single renewal application through a unified application process. A unified application is subject to a lower fee for each application than for applications for individual licenses.
C.R.S. § 44-10-312 — CO Code / Title 44 / Article 10 / Part 3 / Section 44-10-312
44-10-312. Transfer of ownership
Status: in_force

44-10-312. Transfer of ownership. (1) A state or local license granted under the provisions of this article 10 is not transferable except as provided in this section, but this section does not prevent a change of location as provided in section 44-10-313 (13).

(2) For a transfer of ownership involving a controlling beneficial owner, a license holder shall apply to the state and local licensing authorities on forms prepared and furnished by the state licensing authority. In determining whether to permit a transfer of ownership, the state and local licensing authorities shall consider only the requirements of this article 10, any rules promulgated by the state licensing authority, and any other local restrictions. The local licensing authority or local jurisdiction may hold a hearing on the application for transfer of ownership. The local licensing authority or local jurisdiction shall not hold a hearing pursuant to this subsection (2) until the local licensing authority or local jurisdiction has posted a notice of hearing in the manner described in section 44-10-303 (2) on the licensed premises for a period of ten days and has provided notice of the hearing to the applicant at least ten days prior to the hearing. Any transfer of ownership hearing by the state licensing authority must be held in compliance with the requirements specified in section 44-10-303.

(3) For a transfer of ownership involving a passive beneficial owner, the license holder shall notify the state licensing authority on forms prepared and furnished by the state licensing authority within forty-five days to the extent disclosure is required by section 44-10-309.

(4) A person that becomes a controlling beneficial owner of a publicly traded corporation that is a medical marijuana business or retail marijuana business or that becomes a beneficial owner, through direct or indirect ownership of a controlling beneficial owner, of ten percent or more of a medical marijuana business or retail marijuana business that is a publicly traded corporation must disclose the information required by section 44-10-309 and apply to the state licensing authority for a finding of suitability or exemption from a finding of suitability pursuant to section 44-10-310 within forty-five days after becoming such a controlling beneficial owner. A medical marijuana business or retail marijuana business shall notify each person that is subject to this subsection (4) of its requirements as soon as the medical marijuana business or retail marijuana business becomes aware of the beneficial ownership triggering the requirement, provided that the obligations of the person subject to this subsection (4) are independent of, and unaffected by, the medical marijuana business's or retail marijuana business's failure to give the notice.
C.R.S. § 44-30-809 — CO Code / Title 44 / Article 30 / Part 8 / Section 44-30-809
44-30-809. Age of participants - penalties - applicability
Status: in_force

44-30-809. Age of participants - penalties - applicability. (1) It is unlawful for any person who is less than twenty-one years of age to participate, play, be allowed to play, place wagers, or collect winnings, whether personally or through an agent, in or from any limited gaming game or slot machines.

(2) It is unlawful for any person to engage in limited gaming with, or to share proceeds from limited gaming with, any person under twenty-one years of age.

(3) It is unlawful for any licensee to permit any person who is less than twenty-one years of age to participate, play, place wagers, or collect winnings, whether personally or through an agent, in or from any limited gaming game or slot machine.

(4) Any person violating any of the provisions of this section is subject to the following civil and criminal penalties:

(a) For a first offense, a civil penalty of five hundred dollars;

(b) For a second offense, a civil penalty of one thousand dollars; and

(c) For a third or subsequent offense, the person shall be charged with a class 2 misdemeanor and punished as provided in section 18-1.3-501.

(5) Any person violating any of the provisions of this section with a person under eighteen years of age may also be proceeded against pursuant to section 18-6-701 for contributing to the delinquency of a minor.
C.R.S. § 44-3-406 — CO Code / Title 44 / Article 3 / Part 4 / Section 44-3-406
44-3-406. Nonresident manufacturers and importers of malt liquor
Status: in_force

44-3-406. Nonresident manufacturers and importers of malt liquor. (1) A nonresident manufacturer's license shall be issued to persons brewing malt liquor outside the state of Colorado for the purposes listed in subsection (3) of this section.

(2) A malt liquor importer's license shall be issued to persons importing malt liquor into this state for the purposes listed in subsection (3) of this section.

(3) The licenses referred to in subsections (1) and (2) of this section shall be issued for the following purposes only:

(a) To import and sell malt liquors within the state of Colorado to persons licensed as wholesalers pursuant to this article 3;

(b) To maintain stocks of malt liquors and to operate malt liquor warehouses by procuring a malt liquor wholesaler's license for each such operation as provided in this article 3;

(c) To solicit orders from retail licensees licensed under this article 3 or article 4 of this title 44 and fill the orders through malt liquor wholesalers.

(4) Any person holding a nonresident manufacturer's license or a malt liquor importer's license shall also be eligible to obtain a vinous and spirituous liquor importer's license pursuant to section 44-3-405; except that each such license obtained shall be separate and distinct.

(5) Each manufacturer, nonresident manufacturer, and malt liquor importer shall enter into a written contract with each wholesaler with which the manufacturer, nonresident manufacturer, and malt liquor importer intends to do business that designates the territory within which the product of the manufacturer, nonresident manufacturer, and malt liquor importer is sold by the respective wholesaler. A manufacturer, nonresident manufacturer, and malt liquor importer shall not contract with more than one wholesaler to sell their products within the same territory. The contract shall be submitted to the state licensing authority with any application and the applicant, if licensed, shall have a continuing duty to submit any subsequent revisions, amendments, or superseding contracts to the state licensing authority.

(6) It is unlawful for a nonresident manufacturer licensed under this article 3, or any person, partnership, association, organization, or corporation interested financially in or with the licensee, to be interested financially, directly or indirectly, in the business of any person licensed to sell at retail pursuant to this article 3 or article 4 of this title 44.
C.R.S. § 44-20-110 — CO Code / Title 44 / Article 20 / Part 1 / Section 44-20-110
44-20-110. Display, form, custody, and use of licenses
Status: in_force

44-20-110. Display, form, custody, and use of licenses. (1) The board and the executive director shall prescribe the form of the license to be issued by the executive director and shall imprint on each license the seal of their offices. The executive director shall mail the license to the business address where the motor vehicle salesperson is licensed. Each motor vehicle salesperson shall keep a copy of the license at the salesperson's place of employment for inspection by employers, consumers, the director, the executive director, or the board. Each motor vehicle dealer, manufacturer, distributor, wholesaler, manufacturer representative, wholesale motor vehicle auction dealer, or used motor vehicle dealer shall display conspicuously each person's license at the place of business for which the license was issued.

(2) Each license issued under this part 1 is separate and distinct. It is a violation of this part 1 for a person to exercise any of the privileges granted under a license that the person does not hold, or for a licensee to knowingly allow such an exercise of privileges.
C.R.S. § 44-50-904 — CO Code / Title 44 / Article 50 / Part 9 / Section 44-50-904
44-50-904. Severability
Status: in_force

44-50-904. Severability. If any provision of this article 50 is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of this article 50 are valid, unless it appears to the court that the valid provisions of the statute are so essentially and inseparably connected with, and so dependent upon, the void provision that it cannot be presumed that the general assembly would have enacted the valid provisions without the void one; or unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.
C.R.S. § 44-20-113 — CO Code / Title 44 / Article 20 / Part 1 / Section 44-20-113
44-20-113. Motor vehicle salesperson's bond
Status: in_force

44-20-113. Motor vehicle salesperson's bond. (1) Before a motor vehicle salesperson's license is issued by the board through the executive director to any applicant, the applicant must procure and file with the board evidence of a savings account, deposit, or certificate of deposit meeting the requirements of section 11-35-101 or a good and sufficient bond in the amount of fifteen thousand dollars with corporate surety duly licensed to do business within the state, approved as to form by the attorney general of the state, and conditioned that the applicant must perform in good faith as a motor vehicle salesperson without fraud and without the violation of any provision of this part 1 related to fraud that is designated by the board by rule. A motor vehicle salesperson need not furnish an additional bond, savings account, deposit, or certificate of deposit under this section if the dealer furnishes a bond, savings account, deposit, or certificate of deposit under section 44-20-413.

(2) No corporate surety shall be required to make any payment to any person claiming under the bond until a final determination of fraud has been made by the board or by a court of competent jurisdiction.

(3) All bonds required pursuant to this section shall be renewed annually at such time as the bondholder's license is renewed. The renewal may be done through a continuation certificate issued by the surety.
C.R.S. § 44-10-505 — CO Code / Title 44 / Article 10 / Part 5 / Section 44-10-505
44-10-505. Medical marijuana transporter license - definition
Status: in_force

44-10-505. Medical marijuana transporter license - definition. (1) (a) A medical marijuana transporter license may be issued to a person to provide logistics, distribution, delivery, and storage of medical marijuana and medical marijuana products. Notwithstanding any other provisions of law, a medical marijuana transporter license is valid for two years. A licensed medical marijuana transporter is responsible for the medical marijuana and medical marijuana products once it takes control of the product.

(b) A licensed medical marijuana transporter may contract with multiple licensed medical marijuana businesses.

(c) On and after July 1, 2017, all medical marijuana transporters shall hold a valid medical marijuana transporter license; except that an entity licensed pursuant to this article 10 that provides its own distribution is not required to have a medical marijuana transporter license to transport and distribute its products. The state licensing authority shall begin accepting applications after January 1, 2017.

(2) A medical marijuana transporter licensee may maintain a licensed premises to temporarily store medical marijuana and medical marijuana products and to use as a centralized distribution point. The licensed premises must be located in a jurisdiction that permits the operation of medical marijuana stores. A licensed medical marijuana transporter may store and distribute medical marijuana and medical marijuana products from this location. A storage facility must meet the same security requirements that are required to obtain a medical marijuana cultivation facility license.

(3) A medical marijuana transporter licensee shall use the seed-to-sale tracking system developed pursuant to section 44-10-202 (1)(a) to create shipping manifests documenting the transport of medical marijuana and medical marijuana products throughout the state.

(4) A medical marijuana transporter licensee may:

(a) Maintain and operate one or more warehouses in the state to handle medical marijuana and medical marijuana products; and

(b) Deliver medical marijuana and medical marijuana products on orders previously taken if the place where orders are taken and delivered is licensed.

(5) (a) (I) There is authorized a medical marijuana delivery permit to a medical marijuana transporter license authorizing the permit holder to deliver medical marijuana and medical marijuana products.

(II) A medical marijuana delivery permit is valid for two years and may be renewed upon renewal of the medical marijuana transporter license.

(III) A medical marijuana delivery permit issued pursuant to this section applies to only one medical marijuana transporter; except that a single medical marijuana delivery permit may apply to multiple medical marijuana transporters if the medical marijuana transporters are in the same local jurisdiction and are identically owned, as defined by the state licensing authority for purposes of this section.

(IV) The state licensing authority may issue a medical marijuana delivery permit to a qualified applicant, as determined by the state licensing authority, that holds a medical marijuana transporter license issued pursuant to this article 10. The state licensing authority has discretion in determining whether an applicant is qualified to receive a medical marijuana delivery permit. A medical marijuana delivery permit issued by the state licensing authority is deemed a revocable privilege of a licensed medical marijuana transporter. A violation related to a medical marijuana delivery permit is grounds for a fine or suspension or revocation of the delivery permit or medical marijuana transporter license.

(b) A medical marijuana transporter licensee shall not make deliveries of medical marijuana or medical marijuana products to patients or parents or guardians while also transporting medical marijuana or medical marijuana products between licensed premises in the same vehicle.

(c) A licensed medical marijuana transporter with a medical marijuana delivery permit may deliver medical marijuana and medical marijuana products on behalf of a medical marijuana store only to the patient or parent or guardian who placed the order with a medical marijuana store and who:

(I) Is a current registrant of the medical marijuana patient registry and is twenty-one years of age or older or the parent or guardian of a patient who is also the patient's primary caregiver;

(II) Receives the delivery of medical marijuana or medical marijuana products pursuant to rules; and

(III) Possesses an acceptable form of identification.

(d) In accordance with this subsection (5) and rules adopted to implement this subsection (5), a licensed medical marijuana transporter with a valid medical marijuana delivery permit may:

(I) Not accept orders on behalf of a medical marijuana store and may only pick up already packaged medical marijuana delivery orders from a medical marijuana store or its associated state licensing authority-authorized storage facility as defined by rule and deliver those orders to the appropriate patient, parent, or guardian;

(II) Deliver medical marijuana and medical marijuana products not in excess of the amounts established by the state licensing authority;

(III) Deliver only to a patient or parent or guardian at the address provided in the order;

(IV) Deliver no more than once per day to the same patient or residence;

(V) (A) Deliver only to a private residence.

(B) For purposes of this section, "private residences" means private premises where a person lives, such as a private dwelling place or place of habitation, and specifically excludes any premises located at a school or on the campus of an institution of higher education, or any other public property.

(VI) Deliver medical marijuana or medical marijuana products only by a motor vehicle that complies with this section and the rules promulgated pursuant to this section and section 44-10-203 (2)(dd); and

(VII) Use an employee to conduct deliveries on behalf of, and pursuant to a contract with, a medical marijuana store that has a valid medical marijuana delivery permit from its medical marijuana store or its associated state licensing authority-authorized storage facility as defined by rule.

(e) Prior to transferring possession of the order to a patient or a parent or guardian, the person delivering the order shall inspect the patient's or parent's or guardian's identification and registry identification card issued pursuant to section 25-1.5-106, verify the possession of a valid registry identification card issued pursuant to section 25-1.5-106, and verify that the information provided at the time of the order matches the name and age on the patient's or parent's or guardian's identification.

(f) Any person delivering medical marijuana or medical marijuana products for a medical marijuana transporter must possess a valid occupational license and be a current employee of the medical marijuana transporter licensee with a valid medical marijuana delivery permit; must have undergone training regarding proof-of-age identification and verification, including all forms of identification that are deemed acceptable by the state licensing authority; and must have any other training required by the state licensing authority.

(g) (I) Unless otherwise provided by the state licensing authority by rules promulgated pursuant to this article 10, all requirements applicable to other licenses issued pursuant to this article 10 apply to the delivery of medical marijuana and medical marijuana products, including but not limited to inventory tracking, transportation, and packaging and labeling requirements.

(II) The advertising regulations and prohibitions adopted pursuant to section 44-10-203 (3)(a) apply to medical marijuana delivery operations pursuant to this subsection (5).

(h) It is not a violation of any provision of state, civil, or criminal law for a licensed medical marijuana transporter licensee with a valid medical marijuana delivery permit, or such person who has made timely and sufficient application for the renewal of the permit, or its licensees to possess, transport, and deliver medical marijuana and medical marijuana products pursuant to a medical marijuana delivery permit in amounts that do not exceed amounts established by the state licensing authority.

(i) (I) Notwithstanding any provisions of this section, delivery of medical marijuana or medical marijuana products is not permitted in any municipality, county, or city and county unless the municipality, county, or city and county, by either a majority of the registered electors of the municipality, county, or city and county voting at a regular election or special election called in accordance with the "Colorado Municipal Election Code of 1965", article 10 of title 31, or the "Uniform Election Code of 1992", articles 1 to 13 of title 1, as applicable, or a majority of the members of the governing board for the municipality, county, or city and county vote to allow the delivery of medical marijuana or medical marijuana products pursuant to this section.

(II) An ordinance adopted pursuant to subsection (5)(i)(I) of this section may prohibit delivery of medical marijuana or medical marijuana products from a medical marijuana store that is outside a municipality's, county's, city's, or city and county's jurisdictional boundaries to an address within its jurisdictional boundaries.

(j) The state licensing authority shall begin issuing medical marijuana delivery permits to qualified medical marijuana transporter applicants on, but not earlier than, January 2, 2021.
C.R.S. § 44-7-105.5 — CO Code / Title 44 / Article 7 / Section 44-7-105.5
44-7-105.5. Tobacco festivals - rules
Status: in_force

44-7-105.5. Tobacco festivals - rules. [Editor's note: See editor's note following this section.]

(1) The executive director shall promulgate rules that create an off-site event permit in order to authorize a state license holder to host an age-restricted tobacco festival hosted by the state license holder.

(2) The rules required pursuant to subsection (1) of this section must:

(a) Authorize off-site tobacco festivals for permit holders;

(b) Establish procedures to authorize a state license holder to apply for and be issued an off-site event permit for a tobacco festival;

(c) Require a state license holder to notify the division of the time and place of the tobacco festival and any other information required by rule at least thirty days before the festival;

(d) Require the state license holder to have any local permit required by the local authority;

(e) Require the tobacco festival to comply with part 2 of article 14 of title 25;

(f) Prohibit an individual who is under twenty-one years of age from taking part in the tobacco festival;

(g) Require the state license holder to be located at a specific location in the state; and

(h) Limit the number of permits issued per year to:

(I) Five for retailers with more than ten retail locations; and

(II) Five for retailers with ten or fewer retail locations.

(3) The executive director may establish by rule an application fee for the permit. The application fee must be set at an amount that offsets the direct and indirect cost of implementing this section, including issuing the permit and enforcement resulting from the permit.

(4) This section takes effect January 1, 2025.
C.R.S. § 44-10-104 — CO Code / Title 44 / Article 10 / Part 1 / Section 44-10-104
44-10-104. Applicability - medical marijuana - retail marijuana
Status: in_force

44-10-104. Applicability - medical marijuana - retail marijuana. (1) (a) A county, city and county, or municipality may adopt and enforce a resolution or ordinance licensing, regulating, or prohibiting the cultivation or sale of medical marijuana. In a county, city and county, or municipality where such an ordinance or resolution has been adopted, a person who is not registered as a patient or primary caregiver pursuant to section 25-1.5-106 and who is cultivating or selling medical marijuana is not entitled to an affirmative defense to a criminal prosecution as provided for in section 14 of article XVIII of the state constitution unless the person is in compliance with the applicable county or municipal law.

(b) The operation of this article 10 as it relates to medical marijuana shall be statewide unless a municipality, county, city, or city and county, by either a majority of the registered electors of the municipality, county, city, or city and county voting at a regular election or special election called in accordance with the "Colorado Municipal Election Code of 1965", article 10 of title 31, or the "Uniform Election Code of 1992", articles 1 to 13 of title 1, as applicable, or a majority of the members of the governing board for the municipality, county, city, or city and county, vote to prohibit the operation of medical marijuana stores, medical marijuana cultivation facilities, and medical marijuana products manufacturers' licenses.

(c) All businesses for the purpose of cultivation, manufacture, or sale of medical marijuana or medical marijuana products, as defined in this article 10, are subject to the terms and conditions of this article 10 and any rules promulgated pursuant to this article 10.

(2) (a) A person applying for licensure pursuant to this article 10 must complete forms as provided by the state licensing authority and must pay the application fee and the licensing fee, which must be credited to the marijuana cash fund established pursuant to section 44-10-801. The state licensing authority shall forward, within seven days after receipt, one-half of the retail marijuana business license application fee to the local jurisdiction unless the application is for an accelerator cultivator, accelerator manufacturer, or accelerator store license or unless the local jurisdiction has prohibited the operation of retail marijuana businesses pursuant to section 16 (5)(f) of article XVIII of the state constitution. If the license is denied, the state licensing authority may refund only the licensing fee to the applicant. The applicant's application fees must be retained by the state licensing authority, and a local licensing authority may retain the applicant's application fees.

(b) The state licensing authority shall act upon a retail marijuana business license application made pursuant to subsection (1)(a) of this section no sooner than forty-five days and no later than ninety days after the date of the retail marijuana business license application. The state licensing authority shall process retail marijuana business license applications in the order in which complete applications are received by the state licensing authority.

(3) As provided in section 16 (5)(f) of article XVIII of the state constitution, any local jurisdiction may enact ordinances or regulations governing the time, place, manner, and number of retail marijuana businesses, which may include a local licensing requirement, or may prohibit the operation of retail marijuana businesses through the enactment of an ordinance or through a referred or initiated measure. If a county acts through an initiated measure, the proponents shall submit a petition signed by not less than fifteen percent of the registered electors in the county.

(4) This article 10 sets forth the exclusive means by which cultivation, manufacture, sale, distribution, dispensing, and testing of regulated marijuana and regulated marijuana products may occur in the state of Colorado.

(5) (a) Nothing in this article 10 is intended to require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or cultivating of regulated marijuana in the workplace or to affect the ability of employers to have policies restricting the use of marijuana by employees.

(b) Nothing in this article 10 prohibits a person, employer, school, hospital, detention facility, corporation, or any other entity that occupies, owns, or controls a property from prohibiting or otherwise regulating the possession, consumption, use, display, transfer, distribution, sale, transportation, or cultivating of regulated marijuana on or in that property.

(c) Notwithstanding any other provision of this subsection (5), holding or exercising the privileges of any license issued pursuant to this article 10 shall not constitute an unsuitable or unlawful act or practice within the meaning of the statutes and rules governing the Colorado limited gaming control commission.
C.R.S. § 44-20-106 — CO Code / Title 44 / Article 20 / Part 1 / Section 44-20-106
44-20-106. Records as evidence
Status: in_force

44-20-106. Records as evidence. Copies of all records and papers in the office of the board, director, or executive director, duly authenticated under the hand and seal of the board, director, or executive director, shall be received in evidence in all cases equally and with like effect as the original thereof.
C.R.S. § 44-30-702 — CO Code / Title 44 / Article 30 / Part 7 / Section 44-30-702
44-30-702. Revenues attributable to local revisions to gaming limits - extended limited gam
Status: in_force

44-30-702. Revenues attributable to local revisions to gaming limits - extended limited gaming fund - identification - separate administration - distribution - legislative declaration - definitions. (1) (a) Immediately after the limited gaming tax revenues attributable to extended limited gaming are determined, the state treasurer shall transfer the revenues, together with any associated interest, to the extended limited gaming fund, also referred to in this section as the "fund", which is hereby created in the state treasury.

(b) The commission shall annually determine the amount of gaming tax revenues generated in each city from extended limited gaming and shall report the amounts to the state treasurer.

(2) Interest earned on money in the fund shall remain in the fund, and money remaining in the fund at the end of any fiscal year shall not revert to the general fund or to any other fund. Interest earnings shall be distributed annually in accordance with subsection (3)(c) of this section.

(3) From the fund, the state treasurer shall pay:

(a) First, that portion of the ongoing expenses of the commission and other state agencies that are related to the administration of extended limited gaming, as determined in accordance with rules of the commission. When making annual lump-sum distributions from the fund as described in subsection (5) of this section, the state treasurer may withhold an amount reasonably anticipated to be sufficient to pay the expenses until the next annual distribution.

(b) Second, except as otherwise provided in subsection (7) of this section, annual adjustments, in connection with distributions to limited gaming fund recipients listed in section 9 (5)(b)(II) of article XVIII of the state constitution, to reflect the lesser of six percent, or the actual percentage, of annual growth in extended limited gaming tax revenues. As used in this subsection (3)(b), "annual adjustment" means an annual payment to limited gaming fund recipients listed in section 9 (5)(b)(II) of article XVIII of the state constitution, calculated as follows:

(I) For revenues collected in fiscal year 2009-10, the payment shall equal six percent of the first year's limited gaming revenues attributable to extended limited gaming.

(II) For each fiscal year after 2009-10, the annual payment shall be increased or decreased as follows and shall constitute the annual adjustment:

(A) For any year in which the annual growth of limited gaming revenues attributable to extended limited gaming exceeds or equals six percent, add an amount equal to six percent of said revenues;

(B) For any year in which the annual growth in limited gaming revenues attributable to extended limited gaming is between zero and six percent, add an amount equal to the actual percentage growth of said revenues;

(C) For any year in which limited gaming tax revenues experience a decline, subtract an amount equal to the actual percentage decline of said revenues.

(III) Nothing in this subsection (3)(b) shall be construed to permit compounding or accumulation of the annual adjustment.

(c) Of the remaining gaming tax revenues, distributions in the following proportions:

(I) Seventy-eight percent to the state's public community colleges, junior colleges, and local district colleges to supplement existing state funding for student financial aid programs and classroom instruction programs, including programs to improve student retention and increase credential completion, as well as workforce preparation to enhance the growth of the state economy, to prepare Colorado residents for meaningful employment, and to provide Colorado businesses with well-trained employees. The revenue shall be distributed to colleges that were operating on and after January 1, 2008, in proportion to their respective full-time equivalent student enrollments in the previous fiscal year. For purposes of the distribution, the state treasurer shall use the most recent available figures on full-time equivalent student enrollment calculated by the Colorado commission on higher education in accordance with subsection (4)(c) of this section.

(II) Ten percent to the governing bodies of the cities of Central, Black Hawk, and Cripple Creek to address local gaming impacts. The revenue shall be distributed based on the proportion of extended limited gaming tax revenues that are paid by licensees operating in each city.

(III) Twelve percent to the governing bodies of Gilpin and Teller counties to address local gaming impacts. The revenue shall be distributed based on the proportion of extended limited gaming tax revenues that are paid by licensees operating in each county.

(4) Definitions. As used in this section, unless the context otherwise requires:

(a) "Colleges that were operating on and after January 1, 2008" means: Aims community college, Arapahoe community college, Colorado mountain college, Colorado Northwestern community college, the community college of Aurora, the community college of Denver, Front Range community college, Lamar community college, Morgan community college, Northeastern junior college, Otero college, Pikes Peak state college, Pueblo community college, Red Rocks community college, Trinidad state college, the two-year role and mission of Colorado Mesa university, currently referred to as Western Colorado community college division of Colorado Mesa university, the two-year academic role and mission of Adams state university, and the state board for community colleges and occupational education, for so long as each such college or board continues operating.

(b) "Extended limited gaming" means the extension of hours, games, or bet limits by a local vote in accordance with section 9 (7)(a) of article XVIII of the state constitution.

(c) (I) "Full-time equivalent student enrollment" means the number of in-state, full-time equivalent students enrolled at a college, as determined in accordance with article 7 of title 23, and the eligibility parameters contained in the "Policy for Reporting Full-Time Equivalent Student Enrollment" published as of January 1, 2008, by the Colorado commission on higher education, pursuant to its authority under section 23-1-105. The Colorado commission on higher education shall determine the full-time equivalent student enrollment for each college no later than August 15 of each year. For purposes of calculating a college's in-state, full-time equivalent student enrollment for any fiscal year, the number of students enrolled in certificate, AA, AS, AGS, or AAS degree courses and programs, as well as the non-degree-seeking students who are included as part of the community college role and mission for purposes of application to the department of higher education and enrollments in developmental courses by any students, regardless of degree intent, reported by the college to the department of higher education in its final student FTE report for that fiscal year shall be presumed correct; except that the following students shall be excluded:

(A) Students who are admitted to a college on a competitive basis and are not enrolled in certificate, AA, AS, AGS, or AAS developmental or vocational courses;

(B) Students who are admitted pursuant to the Colorado commission on higher education's undergraduate admissions standard index for a college or within the Colorado commission on higher education's admissions window for a college and are not enrolled in certificate, AA, AS, AGS, or AAS developmental or vocational courses; and

(C) Students who are enrolled in classes that are not supported by state general fund money.

(II) With respect to the two-year mission at Adams state university, full-time equivalent student enrollment shall be limited to enrollment in the associate's degree programs that existed as of November 4, 2008.

(d) Except as otherwise provided in subsection (7) of this section, "limited gaming tax revenues attributable to extended limited gaming" means all limited gaming tax revenue in excess of the amount collected during fiscal year 2008-09, adjusted as follows:

(I) For revenues collected in fiscal year 2009-2010, reduced by a three percent growth factor on the 2008-2009 base of limited gaming tax revenues, which amount shall be added to the base and shall constitute the adjusted base; and

(II) Thereafter:

(A) Reduced by a three percent per fiscal year growth factor on the previous year's adjusted base, which growth factor shall be added to the previous fiscal year's adjusted base and shall constitute the new adjusted base; or

(B) If growth in limited gaming tax revenues is between zero and three percent in any fiscal year, the growth factor on the previous fiscal year's adjusted base shall be the actual percentage growth in limited gaming tax revenues, which shall be added to the previous fiscal year's adjusted base; or

(C) If limited gaming tax revenues decline from year to year, the previous fiscal year's adjusted base shall be reduced by the actual percentage decline in limited gaming tax revenue.

(e) "Other state money appropriated or otherwise allocated for similar programs or purposes" means all money distributed from the general fund of the state by the general assembly for higher education or for the support of any institution of higher education, including without limitation the colleges listed in subsection (4)(a) of this section. If the total amount of spending described in this subsection (4)(e) is reduced from one state fiscal year to the next, the percentage of the reduction for the colleges listed in subsection (4)(a) of this section shall not exceed the percentage of reduction in total general fund operating funding, including college opportunity fund stipends and fee-for-service funds, for all institutions of higher education during the same state fiscal year.

(f) "Previous fiscal year" means, with respect to a college receiving money under this section, the fiscal year immediately preceding the fiscal year in which money is made available to the college pursuant to this section.

(5) Method of distribution - distribution to colleges - relationship to funding from other sources. (a) On or before September 1 of each year, the state treasurer shall distribute all money from the fund to the recipients identified in subsection (3)(c) of this section in the form of lump-sum payments. Distribution to colleges listed in subsection (4)(a) of this section shall be to the state board for community colleges and occupational education for those colleges listed in section 23-60-205, and to the respective governing boards of the colleges that are not so listed.

(b) Money distributed under this section to colleges listed in subsection (4)(a) of this section, and any interest or income earned on a college's deposit of the money, shall supplement and shall not supplant any other state money appropriated or otherwise allocated for similar programs or purposes. As used in this subsection (5), "state money" means general fund operating funding, including college opportunity fund stipends and fee-for-service funds, adjusted for inflation to the same degree as the inflation adjustment received by other institutions of higher education.

(c) Any higher education funding formula that allocates state-appropriated money shall not use money distributed under this section to supplant state money otherwise allocated by the formula.

(d) Money distributed from the fund is hereby continuously appropriated to the governing boards of the colleges listed in subsection (4)(a) of this section. The money shall be included for informational purposes in the annual general appropriation bill or in supplemental appropriation bills for the purpose of complying with any applicable constitutional and statutory limits on state fiscal year spending.

(6) Bonding authority. In addition to any other powers conferred by law, the governing body of each college listed in subsection (4)(a) of this section may issue bonds refundable from revenues received pursuant to this section.

(7) Reduction in revenues operation of hold-harmless provisions - continuity of funding - recovery. (a) Legislative declaration. The general assembly finds, determines, and declares that:

(I) Section 9 (7) of article XVIII of the state constitution, initiated and enacted by the people of Colorado in 2008 and commonly referred to as "Amendment 50", authorized the extension of limited gaming activity for the purpose of helping fund Colorado's community colleges, junior colleges, and local district colleges through an increase in gaming tax revenues;

(II) Amendment 50 explicitly authorized the general assembly to "enact, as necessary, legislation that will facilitate the operation of this [initiative]";

(III) Pursuant to that authority, it is reasonable for the general assembly to address the effects of the global pandemic and economic recession of 2020 in a way that:

(A) Avoids long-term economic damage to any of the beneficiaries of limited gaming tax revenues; and

(B) Equitably allocates the limited gaming tax revenues in fiscal years immediately following this severe funding decline among all recipients;

(IV) The allocation provisions of section 9 (7) of article XVIII of the state constitution did not contemplate the unprecedented significant decline in limited gaming revenues caused by the global pandemic, and, in 2020, the general assembly desired to address the original implementing statutory formula for the allocation of gaming revenues, consistent with the state constitution in a manner that modified the statutory annual adjustment provisions to retain the constitutional allocation, thus reflecting the proportionate allocation to the beneficiaries of limited gaming tax revenues;

(V) This reallocation, however, did not anticipate the rapidity and extent of the growth of the limited gaming revenues post-pandemic, which was due in part to the voters' approval in 2020 of the modifications to section 9 (7) of article XVIII of the state constitution in the initiative commonly referred to as "Amendment 77", which permitted the gaming towns to increase or remove bet limits and approve new casino games with local voter approval;

(VI) Therefore, it is necessary to adjust the allocation for the state fiscal year 2021-22 as set forth in subsection (7)(c) of this section to achieve the purposes set forth in subsection (7)(a)(III) of this section;

(VII) Further, the global pandemic and economic recession of 2020 demonstrated that the existing methodology for determining the limited gaming tax revenues attributable to extended limited gaming is susceptible to distortion when there is a significant decline in the limited gaming tax revenues and in the fiscal years thereafter when the revenues are restored;

(VIII) To equitably allocate limited gaming tax revenues in fiscal years following a significant decline and to avoid long-term economic damage to any of the beneficiaries of those revenues, it is necessary for the general assembly to enact legislation that will facilitate the operation of section 9 (7) of article XVIII of the state constitution.

(a.5) As used in this subsection (7), unless the context otherwise requires:

(I) "Extended limited gaming fund recipients" means the recipients of limited gaming tax revenues attributable to extended limited gaming under section 9 (7) of article XVIII of the state constitution.

(II) "Fiscal year with a significant decrease in total limited gaming tax revenue" means:

(A) A fiscal year in which the total limited gaming tax revenue collections have declined by five percent or more from the immediately preceding fiscal year; or

(B) If subsection (7)(a.5)(II)(A) of this section does not apply, the second of two consecutive fiscal years with a cumulative decline of total limited gaming tax revenue collections that is six percent or more from the fiscal year immediately preceding the first of the two consecutive fiscal years.

(III) "Limited gaming fund recipients" means the recipients listed in section 9 (5)(b)(II) of article XVIII of the state constitution.

(IV) "Recent total limited gaming tax revenues peak" means total limited gaming tax revenue collections for the fiscal year that is:

(A) Prior to the fiscal year with a significant decrease in total limited gaming tax revenues; and

(B) The last fiscal year in which total limited gaming tax revenue collections increased from the immediately preceding fiscal year.

(b) (I) For state fiscal year 2020-21, the growth in total net gaming tax distributions is allocated between the limited gaming fund recipients and the extended limited gaming fund recipients based on the relative percentages in which each group of recipients shared in the decrease in total net gaming tax distributions from state fiscal year 2018-19 to state fiscal year 2019-20.

(II) (Deleted by amendment, L. 2022.)

(c) (I) For purposes of determining the limited gaming tax revenues attributable to extended limited gaming, the adjusted base for state fiscal year 2021-22 is equal to one hundred thirteen million nine hundred seventy-three thousand twelve dollars, which is equal to the adjusted base for state fiscal year 2018-19 increased by two and one-half percent, with that sum increased by three percent, with that sum increased by three percent. All limited gaming tax revenues for state fiscal year 2021-22 in excess of this adjusted base are limited gaming tax revenues attributable to extended limited gaming for state fiscal year 2021-22.

(II) The adjusted base that is established in subsection (7)(c)(I) of this section constitutes the adjusted base that is used in the calculation set forth in subsection (4)(d) of this section for purposes of determining the limited gaming tax revenues attributable to extended limited gaming for state fiscal year 2022-23, and future calculations under subsection (4)(d) of this section are derived from this initial amount as subsequently adjusted.

(d) If there is a fiscal year with a significant decrease in total limited gaming tax revenues, then:

(I) Beginning with the next fiscal year and continuing for each consecutive fiscal year thereafter with total limited gaming tax revenues that are less than or equal to the recent total limited gaming tax revenues peak, the annual growth or decline in total gaming tax distributions is allocated between the limited gaming fund recipients and the extended limited gaming fund recipients based on the relative percentages in which each group of recipients shared in the decrease in total net gaming tax distributions from the fiscal year with the recent total limited gaming tax revenues peak to the fiscal year with a significant decrease in total limited gaming revenue.

(II) (A) For purposes of determining the limited gaming tax revenues attributable to extended limited gaming, for the next fiscal year in which total limited gaming revenues exceed the recent total limited gaming tax revenues peak, the adjusted base for the fiscal year is equal to the recent total limited gaming tax revenues peak increased by three percent or the actual percentage increase of total limited gaming revenues for the fiscal year above the recent total limited gaming revenues peak, whichever percentage is less. For this next fiscal year, all limited gaming tax revenues in excess of this adjusted base are limited gaming tax revenues attributable to extended limited gaming for the fiscal year.

(B) The adjusted base that is established in subsection (7)(d)(II)(A) of this section constitutes the adjusted base that is used in the calculation set forth in subsection (4)(d) of this section for purposes of determining the limited gaming tax revenues attributable to extended limited gaming for the fiscal year immediately following the fiscal year set forth in subsection (7)(d)(II)(A) of this section, and future calculations under subsection (4)(d) of this section are derived from this initial amount as subsequently adjusted.

(e) The commission may make any adjustments to the allocations set forth in this subsection (7) necessary to ensure that the final distributions to all recipients comply with constitutional requirements while achieving the intent of this subsection (7). So long as this subsection (7) remains in effect, the annual adjustments required under subsections (3)(b) and (4)(d) of this section are temporarily superseded by the specific allocations to implement the constitutional annual adjustment made pursuant to this subsection (7).
C.R.S. § 44-32-502 — CO Code / Title 44 / Article 32 / Part 5 / Section 44-32-502
44-32-502. Delegation of authority to issue certain licenses and registrations - rules
Status: in_force

44-32-502. Delegation of authority to issue certain licenses and registrations - rules. The commission shall delegate to the division the authority to issue all business and occupational licenses and registrations contemplated in this article 32, and shall promulgate rules containing standards for the delegation. The commission shall not delegate its duty to issue or renew race meet licenses.
C.R.S. § 44-10-308 — CO Code / Title 44 / Article 10 / Part 3 / Section 44-10-308
44-10-308. Business and owner requirements - legislative declaration - definition - rules
Status: in_force

44-10-308. Business and owner requirements - legislative declaration - definition - rules. (1) (a) The general assembly hereby finds and declares that:

(I) Medical marijuana businesses and retail marijuana businesses need to be able to access capital in order to effectively grow their businesses and remain competitive in the marketplace;

(II) The current regulatory structure for regulated marijuana and regulated marijuana products creates a substantial barrier to investment from out-of-state interests and publicly traded corporations;

(III) There is insufficient capital in the state to properly fund the capital needs of Colorado medical marijuana businesses and retail marijuana businesses;

(IV) Colorado medical marijuana businesses and retail marijuana businesses need to have ready access to capital from investors from outside of Colorado;

(IV.5) Under certain circumstances, permitting publicly traded corporations to hold an interest in medical marijuana businesses will benefit Colorado's medical marijuana market;

(V) Providing access to legitimate sources of capital helps prevent the opportunity for those who engage in illegal activity to gain entry into the state's regulated medical and retail marijuana market;

(VI) Publicly traded corporations offering securities for investment in medical marijuana businesses or retail marijuana businesses must tell the public the truth about their business, the securities they are selling, and the risks involved with investing in medical marijuana businesses or retail marijuana businesses, and persons that sell and trade securities related to medical marijuana businesses or retail marijuana businesses are prohibited from engaging in deceit, misrepresentations, and other fraud in the sale of the securities; and

(VII) Recognizing that participation by publicly traded corporations in Colorado's medical marijuana industry and retail marijuana industry creates an increased need to assess barriers of entry for minority- and woman-owned businesses, with such efforts being made to identify solutions to arrive at a greater balance and for further equity for minority- and woman-owned businesses, and in a manner that is consistent with the public safety and enforcement goals as stated in this subsection (1), it is therefore of substantive importance to address the lack of minority- and woman-owned businesses' inclusion in Colorado's medical marijuana industry and retail marijuana industry, social justice issues associated with marijuana prohibition, suitability issues relating to past convictions for potential licensees, licensing fees, and economic challenges that arise with the application processes.

(b) Therefore, the general assembly is providing a mechanism for Colorado medical marijuana businesses and retail marijuana businesses to access capital from investors in other states and from certain publicly traded corporations pursuant to this article 10.

(2) (Deleted by amendment, L. 2019.)

(3) (a) All natural persons with day-to-day operational control over the business must be Colorado residents.

(b) A person, other than an individual, that is a medical marijuana business or retail marijuana business or a controlling beneficial owner shall appoint and continuously maintain a registered agent that satisfies the requirements of section 7-90-701. The medical marijuana business or retail marijuana business shall inform the state licensing authority of a change in the registered agent within ten days after the change.

(4) (a) Effective January 1, 2021, a natural person who qualifies as a social equity licensee may apply for any regulated marijuana business license or permit, including accelerator store, accelerator cultivator, and accelerator manufacturer licenses, issued pursuant to this article 10. A natural person qualifies as a social equity licensee if the person meets the following criteria, in addition to any criteria established by rule of the state licensing authority:

(I) Is a Colorado resident;

(II) Has not been the beneficial owner of a license subject to disciplinary or legal action from the state resulting in the revocation of a license issued pursuant to this article 10;

(III) Has demonstrated at least one of the following:

(A) The applicant has resided for at least fifteen years, between the years 1980 and 2010, in a census tract designated by the office of economic development and international trade as an opportunity zone or designated as a disproportionate impacted area, as defined by rule pursuant to section 44-10-203 (1)(j);

(B) The applicant or the applicant's parent, legal guardian, sibling, spouse, child, or minor in their guardianship was arrested for a marijuana offense, convicted of a marijuana offense, or subject to civil asset forfeiture related to a marijuana investigation; or

(C) The applicant's household income in the year prior to application did not exceed an amount determined by rule of the state licensing authority; and

(IV) The social equity licensee, or, collectively, one or more social equity licensees, holds at least fifty-one percent of the beneficial ownership of the regulated marijuana business license.

(b) This subsection (4) applies to a natural person qualified as a social equity licensee and who submits an application for a finding of suitability on or before February 1, 2025.

(5) A person who meets the criteria in this section for a social equity licensee, pursuant to rule and agency discretion, may be eligible for incentives available through the department of revenue or office of economic development and international trade, including but not limited to a reduction in application or license fees.

(6) Except as provided in subsection (4) of this section, effective February 1, 2025, a natural person who qualifies as a social equity licensee may apply for any regulated marijuana business license or permit pursuant to this article 10. A natural person qualifies as a social equity licensee if, in addition to any criteria established by rule, the natural person:

(a) Has not been the beneficial owner of a license subject to disciplinary or civil action from the state licensing authority resulting in the revocation of a license issued pursuant to this article 10;

(b) Has demonstrated at least one of the following:

(I) The applicant has resided:

(A) For at least any five years of the thirty-year period prior to the application and for which data is available, in a census tract designated by the office of economic development and international trade as an opportunity zone or designated as a disproportionate impacted area as defined by rule pursuant to section 44-10-203 (1)(j);

(B) For at least any five of the thirty years prior to the application, in housing with funding provided pursuant to section 8 or 9 of the federal "United States Housing Act of 1937", 42 U.S.C. secs. 1437f and 1437g, as amended; or

(C) For at least any five years between 1980 and 2021, in housing with funding from federal low-income housing tax credits, Colorado affordable housing tax credits, or funding provided pursuant to any federal, state, or local program that restricts maximum rents for natural persons of low or moderate income that, at the time of residence, was subject to a use restriction that was monitored to ensure compliance by the federal government, the state government, a county government, or a municipal government, or by a political subdivision or designated agency of the federal government, the state government, a county government, or a municipal government;

(II) The applicant or the applicant's spouse, parent, or legal guardian was arrested for and convicted of a marijuana offense;

(III) The applicant's sibling or child or a minor in the applicant's guardianship was arrested for or convicted of a marijuana offense, and:

(A) The applicant's sibling who was arrested for or convicted of a marijuana offense or child who was arrested for or convicted of a marijuana offense or a minor in the applicant's guardianship who was arrested for or convicted of a marijuana offense resided in a disproportionate impacted area, as defined by rule pursuant to section 44-10-203 (1)(j), for five years between 1980 and 2021; or

(B) The applicant's sibling who was arrested for or convicted of a marijuana offense or child who was arrested for or convicted of a marijuana offense or a minor in the applicant's guardianship who was arrested for or convicted of a marijuana offense has received assistance from at least one of the programs listed in subsection (6)(b)(IV) of this section for at least five years between 1980 and 2021; or

(IV) The applicant has received assistance from at least one of the following programs for at least five of the ten years prior to submitting an application:

(A) The low-income energy assistance program created in article 8.7 of title 40;

(B) The supplemental nutrition assistance program described in part 3 of article 2 of title 26;

(C) Temporary assistance for needy families, as defined in section 26-2-703 (19);

(D) The special supplemental nutrition program for women, infants, and children, created pursuant to 42 U.S.C. sec. 1786; or

(E) The "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5; and

(c) Holds at least fifty-one percent of a beneficial ownership of a regulated marijuana business license alone or collectively with at least one other social equity licensee.

(7) (a) For the purposes of subsection (6) of this section, an applicant is not eligible to be a social equity licensee if the applicant is a controlling beneficial owner of more than three retail marijuana store licenses, medical marijuana store licenses, retail marijuana cultivation facility licenses, or medical marijuana cultivation facility licenses, unless the listed licenses for which the applicant is a controlling beneficial owner are each a social equity license.

(b) For the purposes of subsection (7)(a) of this section, co-located retail marijuana store and medical marijuana store licenses, or co-located retail marijuana cultivation facility and medical marijuana cultivation facility licenses, constitute one license.

(8) (a) Subsection (6) of this section applies to a natural person qualified as a social equity licensee and who submits an application for a finding of suitability on or after February 1, 2025.

(b) Subsection (6) of this section does not apply to a natural person qualified as a social equity licensee and who submits an application for a finding of suitability on or before February 1, 2025.

(9) A natural person who meets the criteria in this section for a social equity license is eligible for incentives available through the department of revenue or office of economic development and international trade. An incentive may include a reduction in application or license fees. The state licensing authority may promulgate rules to create incentives.
C.R.S. § 44-3-911 — CO Code / Title 44 / Article 3 / Part 9 / Section 44-3-911
44-3-911. Takeout and delivery of alcohol beverages - permit - on-premises consumption lic
Status: repealed

44-3-911. Takeout and delivery of alcohol beverages - permit - on-premises consumption licenses - requirements and limitations - rules - definition. (1) (a) Notwithstanding any other provision of this article 3 or article 4 of this title 44 and subject to subsections (2) and (3) of this section:

(I) Between the hours of 7 a.m. and 12 midnight, a licensee may sell and deliver an alcohol beverage to a customer for consumption off the licensed premises; and

(II) If an alcohol beverage is part of a takeout order for consumption off the licensed premises:

(A) A customer may remove the alcohol beverage from the licensed premises if the alcohol beverage is in a sealed container that complies with the rules of the state licensing authority; and

(B) The licensee may allow a customer to remove the alcohol beverage from the licensed premises.

(b) Subject to subsections (2) and (3) of this section, a licensee may sell or deliver alcohol beverages under this section by the drink.

(2) To sell and deliver an alcohol beverage or to allow a customer to remove an alcohol beverage from the licensed premises as either is authorized under subsection (1) of this section, the licensee must:

(a) Have any applicable permits issued under this section to sell alcohol beverages for takeout or delivery; except that this subsection (2)(a) does not apply if the governor has declared a disaster emergency under part 7 of article 33.5 of title 24;

(b) Sell or deliver:

(I) The alcohol beverage only to a customer who is twenty-one years of age or older;

(II) The alcohol beverage in a sealed container that complies with the rules of the state licensing authority; and

(III) No more than the following amounts of alcohol beverages per delivery or takeout order unless the governor has declared a disaster emergency under part 7 of article 33.5 of title 24:

(A) One thousand five hundred milliliters, approximately 50.8 fluid ounces, of vinous liquors;

(B) One hundred forty-four fluid ounces, approximately four thousand two hundred fifty-nine milliliters, of malt liquors, fermented malt beverages, and hard cider; and

(C) One liter, approximately 33.8 fluid ounces, of spirituous liquors.

(c) Derive no more than fifty percent of its gross annual revenues from total sales of food and alcohol beverages from the sale of alcohol beverages through takeout orders and that the licensee delivers; except that:

(I) This subsection (2)(c) does not apply if the governor has declared a disaster emergency under part 7 of article 33.5 of title 24; or

(II) This subsection (2)(c) does not apply to a sales room at a premises licensed under section 44-3-402 or 44-3-407; and

(d) If an alcohol beverage is being delivered, use a delivery person who complies with subsection (3) of this section.

(3) To deliver an alcohol beverage under this section, the delivery person must:

(a) Deliver the alcohol beverage to a place that is not licensed under this article 3 or article 4 of this title 44;

(b) Be an employee of the licensee who is twenty-one years of age or older;

(c) Deliver an alcohol beverage only to a person who is twenty-one years of age or older; and

(d) Have satisfactorily completed the server and seller training program established under section 44-3-1002.

(3.5) On or after January 1, 2025, a hotel and restaurant licensee or tavern licensee shall not allow the sale of alcohol beverages for takeout and delivery in a sealed manufacturer's container to be made accessible without the assistance of an employee of the licensee. This subsection (3.5) does not apply to a hotel and restaurant licensee operating a lodging establishment as defined in section 6-25-201 (2).

(4) (a) The state licensing authority shall promulgate rules:

(I) Specifying the types of containers that may be used for takeout or delivery of an alcohol beverage under this section;

(II) Creating a permit for takeout and delivery of alcohol beverages;

(III) Setting fees for the processing and approval of a takeout or delivery permit application; and

(IV) Concerning any other matter necessary for the safe and effective implementation of this section.

(b) The state licensing authority shall issue a permit to a licensee to sell alcohol beverages for takeout and delivery if the licensee demonstrates the ability to comply with this section. A permit issued under this subsection (4)(b) is subject to the suspension and revocation provisions set forth in section 44-3-601.

(c) (I) The local licensing authority may create a permit for takeout and delivery of alcohol beverages to implement this section. If a local licensing authority does not create a permit under this subsection (4)(c), a licensee need not obtain a local permit to sell and deliver an alcohol beverage or to allow a customer to remove an alcohol beverage from the licensed premises.

(II) A local licensing authority may establish fees for the processing and approval of a takeout or delivery permit application, but the amount of the fee must not exceed the amount of the fee set by the state licensing authority under subsection (4)(a)(III) of this section.

(III) If a local licensing authority creates a takeout or delivery permit:

(A) The licensee must obtain the permit to sell and deliver an alcohol beverage or to allow a customer to remove an alcohol beverage from the licensed premises as either is authorized under subsection (1) of this section; and

(B) The local licensing authority shall issue a permit to a licensee to sell alcohol beverages for takeout and delivery if the licensee demonstrates the ability to comply with this section.

(IV) A permit issued under this subsection (4)(c) is subject to the suspension and revocation provisions set forth in section 44-3-601.

(V) A manufacturer licensed under section 44-3-402 that operates a sales room or a wholesaler licensed under section 44-3-407 that operates a sales room need not obtain a permit from the local licensing authority to sell and deliver an alcohol beverage or to allow a customer to remove an alcohol beverage from the licensed premises.

(d) The licensee shall submit an application for a permit issued under this section to the state licensing authority and the local licensing authority, if applicable, simultaneously. Approval by either the state licensing authority or a local licensing authority does not guarantee approval by the other licensing authority.

(5) For the purposes of this article 3 and article 4 of this title 44, an alcohol beverage that is sold and delivered to a customer's home for consumption off the licensed premises under this section is sold at the licensed premises.

(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.

(III) Repealed.

(b) (I) This section does not apply to a person issued a license or permit that is not listed in subsection (6)(a) of this section or to a caterer who is licensed to sell alcohol beverages.

(II) Subsection (2)(b)(III) of this section does not apply to:

(A) A manufacturer licensed under section 44-3-402 that operates a sales room or a wholesaler licensed under section 44-3-407 that operates a sales room; and

(B) The sale of an alcohol beverage manufactured by the licensee and sold by a brew pub licensed under section 44-3-417, a vintner's restaurant licensed under section 44-3-422, or a distillery pub licensed under section 44-3-426.

(7) Repealed.
C.R.S. § 44-50-501 — CO Code / Title 44 / Article 50 / Part 5 / Section 44-50-501
44-50-501. Unlawful acts
Status: in_force

44-50-501. Unlawful acts. (1) Except as otherwise provided in this article 50, it is unlawful for a licensee to:

(a) Knowingly transfer natural medicine or a natural medicine product to a person under twenty-one years of age; or

(b) Knowingly adulterate or alter, or attempt to adulterate or alter, any sample of regulated natural medicine or a natural medicine product for the purpose of circumventing testing requirements.
C.R.S. § 44-20-123 — CO Code / Title 44 / Article 20 / Part 1 / Section 44-20-123
44-20-123. Sales activity following license denial, suspension, or revocation - unlawful ac
Status: in_force

44-20-123. Sales activity following license denial, suspension, or revocation - unlawful act - penalty. (1) (a) It is unlawful and a violation of this part 1 for any person whose motor vehicle dealer's, used motor vehicle dealer's, motor vehicle wholesaler's, business disposer's, or motor vehicle salesperson's license has been denied, suspended, or revoked to exercise any of the privileges of the license that was denied, suspended, or revoked.

(b) A violation of subsection (1)(a) of this section is punishable in accordance with section 44-20-128.

(c) In any trial for a violation of subsection (1)(a) of this section:

(I) A duly authenticated copy of the board's order of denial, suspension, or revocation shall constitute prima facie evidence of the denial, suspension, or revocation;

(II) A duly authenticated invoice, buyer's order, or other customary, written sales or purchase document or instrument proven to be signed by the defendant and indicating the defendant's role in the purchase or sale of a motor vehicle at any motor vehicle auction, wholesale motor vehicle sales location, or retail motor vehicle sales location, as applicable, shall constitute prima facie evidence of the defendant's exercise of a privilege of licensure;

(III) It shall be an affirmative defense that the defendant bought or sold a motor vehicle that was, at all relevant times, intended for the defendant's own use and not bought or sold for the purpose of profit or gain; and

(IV) The fact that the defendant has a motor vehicle dealer's, used motor vehicle dealer's, motor vehicle wholesaler's, or motor vehicle salesperson's license, or any other license to buy and sell motor vehicles, that is issued by a state or jurisdiction other than Colorado shall not constitute a defense.

(2) Upon the defendant's conviction by entry of a plea of guilty or nolo contendere or judgment or verdict of guilt in connection with a violation of subsection (1)(a) of this section or of section 44-20-124 (2) or 42-6-142 (1), the court shall immediately give the executive director written notice of the conviction. In addition, the court shall forward to the executive director copies of documentation of any conviction on a lesser included offense and any amended charge, plea bargain, deferred prosecution, deferred sentence, or deferred judgment in connection with the original charge.

(3) Upon receiving notice of a conviction or other disposition pursuant to subsection (2) of this section, the executive director or his or her designee shall forward the notice to the board, which shall immediately examine its files to determine whether in fact the defendant's license was denied, suspended, or revoked at the time of the offense to which the conviction or other disposition relates. If in fact the defendant's license was denied, suspended, or revoked at the time of the offense, the board:

(a) Shall not issue or reinstate any license to the defendant until one year after the time the defendant would otherwise have been eligible to receive a new or reinstated license; and

(b) Shall revoke or suspend any other licenses held by the defendant until at least one year after the date of the conviction or other disposition.
C.R.S. § 44-20-439 — CO Code / Title 44 / Article 20 / Part 4 / Section 44-20-439
44-20-439. Stop-sale directives - used powersports vehicles - definitions
Status: in_force

44-20-439. Stop-sale directives - used powersports vehicles - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Average trade-in value" means the value of a used powersports vehicle as established by a generally accepted, published, third-party used vehicle resource.

(b) "Stop-sale directive" means an unconditional directive from a manufacturer or distributor to a powersports vehicle dealer to stop selling a type of powersports vehicle manufactured by the manufacturer or distributed by the distributor because of a safety defect.

(2) The manufacturer or distributor shall reimburse a powersports vehicle dealer in accordance with subsection (3) of this section if:

(a) The manufacturer or distributor issues a stop-sale directive for a powersports vehicle manufactured or distributed by the issuer of the stop-sale directive;

(b) The powersports vehicle dealer holds an active sales, service, and parts agreement with the manufacturer or distributor for the line-make of the used powersports vehicle covered by the stop-sale directive;

(c) The used powersports vehicle covered by the stop-sale directive is held in the inventory of the powersports vehicle dealer on the date the stop-sale directive is issued or taken by the dealer as a trade-in vehicle on a consumer purchase of the same line-make; and

(d) The manufacturer or distributor has not provided a remedy procedure or made parts available to repair the used powersports vehicle for more than thirty days after the stop-sale directive was issued.

(3) If the conditions in subsection (2) of this section are met, the manufacturer or distributor shall, upon application by the powersports vehicle dealer, pay or credit the dealer one and one-half percent per month of the average trade-in value of each used powersports vehicle's model affected by the stop-sale directive prorated from thirty days after the stop-sale directive was issued to the earlier of:

(a) The date when the manufacturer or distributor provides the powersports vehicle dealer with a remedy procedure and any necessary parts for ordering to repair the used powersports vehicle; or

(b) The date the powersports vehicle dealer transfers the powersports vehicle.

(4) A manufacturer or distributor may determine the reasonable manner and method required for a powersports vehicle dealer to demonstrate the inventory status of a used powersports vehicle to determine eligibility for reimbursement.

(5) (a) This section applies only to used powersports vehicles.

(b) This section is not intended to prevent a manufacturer or distributor from requiring that a powersports vehicle not be subject to an open recall or stop-sale directive as a condition for the powersports vehicle to be qualified or sold as a certified preowned vehicle or substantially similar designation.

(c) This section does not require a manufacturer or distributor to provide total compensation to a powersports vehicle dealer that would exceed the total average trade-in valuation of the affected used powersports vehicle.

(d) This section does not preclude a powersports vehicle dealer and a manufacturer or distributor from agreeing to reimbursement terms that differ from those specified in this section.

(e) Compensation provided to a powersports vehicle dealer under this section is exclusive and may not be combined with any other remedy under state or federal law.
C.R.S. § 44-30-1701 — CO Code / Title 44 / Article 30 / Part 17 / Section 44-30-1701
44-30-1701. Definitions
Status: in_force

44-30-1701. Definitions. As used in this part 17, unless the context otherwise requires:

(1) "Behavioral health administration" means the behavioral health administration established pursuant to section 27-60-203 (5)(a).

(2) (a) "Eligible applicant" means:

(I) An agency of the state government;

(II) A local government; and

(III) Except as described in subsection (2)(b) of this section, a nonprofit organization.

(b) "Eligible applicant" does not include a nonprofit organization or a public or private nonprofit foundation that is:

(I) Affiliated with a person licensed under this article 30; or

(II) Fundamentally opposed to gaming.

(3) "Fund" means the responsible gaming grant program cash fund created in section 44-30-1702 (8).

(4) "Grant program" means the responsible gaming grant program created in section 44-30-1702 (1).

(5) "Local government" means a city, a county, or a city and county.
C.R.S. § 44-3-413 — CO Code / Title 44 / Article 3 / Part 4 / Section 44-3-413
44-3-413. Hotel and restaurant license - definitions - rules
Status: repealed

44-3-413. Hotel and restaurant license - definitions - rules. (1) Except as otherwise provided in subsection (2) of this section, a hotel and restaurant license shall be issued to persons selling alcohol beverages in the place where the alcohol beverages are to be consumed, subject to the following restrictions:

(a) Restaurants shall sell alcohol beverages as provided in this section only to customers of the restaurant and only if meals are actually and regularly served and provide not less than twenty-five percent of the gross income from sales of food and drink of the business of the licensed premises over any period of time of at least one year.

(b) Hotels shall sell alcohol beverages as provided in this section only to customers of the hotel and, except in hotel rooms, only on the licensed premises where meals are actually and regularly served and provide not less than twenty-five percent of the gross income from sales of food and drink of the business of the licensed premises over any period of time of at least one year.

(c) Any hotel and restaurant licensee who is open for business and selling alcohol beverages by the drink shall serve meals between the hours of 8 a.m. and 8 p.m. and meals or light snacks and sandwiches after 8 p.m.; except that nothing in this subsection (1)(c) shall be construed to require a licensee to be open for business between the hours of 8 a.m. and 8 p.m.

(d) A hotel may be designated as a resort complex if it has at least fifty sleeping rooms and has related sports and recreational facilities located contiguous or adjacent to the hotel for the convenience of its guests or the general public. For purposes of a resort complex only, "contiguous or adjacent" means within the overall boundaries or scheme of development or regularly accessible from the hotel by its members and guests.

(2) (a) A resort complex shall designate its principal licensed premises and additional separate, related facilities that are located contiguous or adjacent to the licensed premises of the resort complex. Each related facility shall be identified by the resort complex at the time of initial licensure or upon license renewal. Each related facility shall also be clearly identified by its geographic location within the overall boundaries of the licensed premises of the resort complex. A resort complex may apply for a resort-complex-related facility permit for each related facility at the time of initial licensure, upon license renewal, or at any time upon application by the resort complex.

(b) Customers and guests who purchase alcohol beverages at one related facility are permitted to carry such beverages to other related facilities within the overall licensed premises boundaries of the resort complex.

(c) Each related facility shall remain at all times under the ownership and control of the resort complex licensee. Any subletting or transfer of ownership or change of control of a related facility without proper notification and approval by state and local licensing authorities shall be considered a violation of this article 3 and will be cause for the denial, suspension, revocation, or cancellation of the license of the entire resort complex, including all of its related facilities, pursuant to section 44-3-601.

(d) Except as provided in this subsection (2), for violations of section 44-3-307, and for violations of this article 3 and rules promulgated pursuant to this article 3 that are intentionally authorized by the ownership or management of a resort complex, each related facility shall be considered separately licensed or permitted for the purpose of application of the sanctions imposed under section 44-3-601.

(e) For purposes of this subsection (2), "related facility" means those areas, as approved by the state and local licensing authorities, that are contiguous or adjacent to the resort hotel and that are owned by or under the exclusive possession and control of the resort complex licensee. "Related facilities" shall include:

(I) Those indoor areas or facilities contiguous or adjacent to the licensed premises of the resort complex that are operated under a separate trade name and are used by resort complex patrons;

(II) Related outdoor sports and recreation facilities located contiguous or adjacent to the resort complex that are used by patrons of the resort complex for a fee; and

(III) Distinct areas or facilities contiguous or adjacent to the resort complex that are directly related to the resort complex use.

(3) (a) An institution of higher education, or a person who contracts with the institution to provide food services, that is licensed under this section may apply to be designated a campus liquor complex at the time of initial licensure or upon license renewal.

(b) A licensee shall designate its principal licensed premises and additional separate, related facilities that are located within the campus liquor complex. The licensee may identify each related facility that serves alcohol at the time of initial licensure or upon license renewal. To be approved for a campus liquor complex related facility permit, each related facility must be clearly identified by its geographic location within the boundaries of the campus, including the specific point of service, and each area where alcohol beverages are consumed must be clearly identified by a description and map of the area.

(c) A licensee may apply for a related facility permit for each related facility within the campus liquor complex at the time of initial licensure, upon license renewal, or at any time upon application by the licensee.

(d) (I) To be permitted, each related facility must remain at all times under the ownership or control of the licensee. A licensee that sublets or transfers ownership of, or changes control of, a related facility without notifying and obtaining approval from state and local licensing authorities violates this article 3, and the violation is grounds for denial, suspension, revocation, or cancellation of the campus liquor complex license and all related facility permits in accordance with section 44-3-601.

(II) The institution of higher education shall designate a manager for the campus liquor complex and for each related facility.

(e) Except as provided in this subsection (3), for violations of this article 3 and rules promulgated under this article 3 that are intentionally authorized by the ownership or management of a related facility, each related facility is deemed separately permitted for the purpose of application of the sanctions authorized under section 44-3-601.

(f) For purposes of this subsection (3), "related facility" means those areas approved by the state and local licensing authorities that are on the campus of the institution of higher education licensed under this section and that are owned by or under the exclusive possession and control of the institution of higher education holding the license. "Related facilities" include an area or facility operated under a separate trade name.

(4) Notwithstanding any provision of this article 3 to the contrary, a hotel, licensed pursuant to this article 3, may:

(a) Furnish and deliver complimentary alcohol beverages in sealed containers for the convenience of its guests;

(b) Sell alcohol beverages provided by the hotel in sealed containers, at any time, by means of a minibar located in hotel guest rooms, to adult registered guests of the hotel for consumption in guest rooms if the price of the alcohol beverages is clearly posted. For purposes of this section, "minibar" means a closed container, either nonrefrigerated or refrigerated in whole or in part, access to the interior of which is restricted by means of a locking device that requires the use of a key, magnetic card, or similar device or which is controlled at all times by the hotel.

(c) Enter into a contract with a lodging facility for the purpose of authorizing the lodging facility to sell alcohol beverages pursuant to subsection (4)(b) of this section if the lodging facility and hotel share common ownership and are located within one thousand feet of one another. The alcohol beverages that may be sold pursuant to this subsection (4)(c) must be provided by and subject to the control of the licensed hotel. For purposes of this subsection (4)(c), "common ownership" means a controlling ownership interest that is held by the same person or persons, whether through separate corporations, partnerships, or other legal entities. To determine whether the distance limitation referred to in this subsection (4)(c) is met, the distance from the property line of the land used for the lodging facility to the portion of the hotel licensed under this article 3 shall be measured using the nearest and most direct routes of pedestrian access.

(5) The state licensing authority shall promulgate rules that prohibit the placement of a container of alcohol beverages in a minibar if the container has a capacity of more than five hundred milliliters.

(6) It is the intent of this section to require hotel and restaurant licensees to maintain a bona fide restaurant business and not a mere pretext of such for obtaining a hotel and restaurant license.

(7) (a) Except as provided in subsection (7)(b) of this section, every person selling alcohol beverages as provided in this section shall purchase alcohol beverages only from a wholesaler licensed pursuant to this article 3.

(b) (I) During a calendar year, a person selling 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 pursuant 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 (7)(b)(I) for inflation and shall publish the adjusted purchase limitation amount on the liquor enforcement division's website.

(II) A hotel and restaurant 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 licensee shall retain the receipt and make it available to the state and local licensing authorities at all times during business hours.

(8) Each hotel and restaurant license shall be granted for specific premises, and optional premises approved by the state and local licensing authorities, and issued in the name of the owner or lessee of the business.

(9) Repealed.

(10) The manager for each hotel and restaurant license, the hotel and restaurant licensee, or an employee or agent of the hotel and restaurant licensee shall purchase alcohol beverages for one licensed premises only, and the purchases shall be separate and distinct from purchases for any other hotel and restaurant license.

(11) to (13) Repealed.

(14) (a) It is unlawful for any owner, part owner, shareholder, or person interested directly or indirectly in a hotel and restaurant license 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) Notwithstanding subsection (14)(a) of this section, an owner, part owner, shareholder, or person interested directly or indirectly in a hotel and restaurant license may conduct, own either in whole or in part, or be directly or indirectly interested in 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 in a financial institution referred to in section 44-3-308 (4).
C.R.S. § 44-5-102 — CO Code / Title 44 / Article 5 / Section 44-5-102
44-5-102. Qualifications for permit
Status: repealed

44-5-102. Qualifications for permit. (1) A special event permit issued under this article 5 may be issued to:

(a) An organization, whether or not presently licensed under articles 3 and 4 of this title 44, that:

(I) Has been incorporated under the laws of this state for purposes of a social, fraternal, patriotic, political, educational, or athletic nature, and not for pecuniary gain;

(II) Is a regularly chartered branch, lodge, or chapter of a national organization or society organized for the purposes specified in subsection (1)(a)(I) of this section and is nonprofit in nature;

(III) Is a regularly established religious or philanthropic institution; or

(IV) Is a state institution of higher education;

(b) A political candidate who has filed the necessary reports and statements with the secretary of state pursuant to article 45 of title 1;

(c) A municipality, county, or special district; or

(d) (I) A chamber of commerce.

(II) Members of a chamber of commerce may participate in a special event for which a permit has been granted to the chamber of commerce, and the premises of the members and the locations specified in the special event permit need not be contiguous; except that a member of a chamber of commerce shall not participate in the special event if the member:

(A) Sells firearms, motor vehicles, marijuana, gasoline, or diesel fuel;

(B) Educates students from kindergarten through twelfth grade or provides child care;

(C) Is a convenience store; or

(D) Holds a liquor license or permit under article 3 or 4 of this title 44, but the holder of a permit under section 44-3-424 may participate in the special event if the holder is not serving complimentary alcohol beverages sold under section 44-3-424 on the same date and time as the special event.

(III) Notwithstanding subsection (1)(d)(II)(D) of this section, a liquor licensee described in subsection (1)(d)(II)(D) of this section may donate at no cost alcohol products and volunteer personnel services for the special event.

(2) Repealed.

(3) Notwithstanding any law to the contrary, and subject to this article 5, the state or local licensing authority may issue a special event permit to a state agency, the Colorado wine industry development board, created in section 35-29.5-103, or an instrumentality of a municipality or county that promotes:

(a) Alcohol beverages manufactured in the state; or

(b) Tourism in an area of the state where alcohol beverages are manufactured.
C.R.S. § 44-30-802 — CO Code / Title 44 / Article 30 / Part 8 / Section 44-30-802
44-30-802. False statement on application - violations of rules or provisions of article as
Status: in_force

44-30-802. False statement on application - violations of rules or provisions of article as felony. Any person who knowingly makes a false statement in any application for a license or in any statement attached to the application, or who provides any false or misleading information to the commission or the division, or who fails to keep books and records to substantiate the receipts, expenses, or uses resulting from limited gaming conducted under this article 30 as prescribed in rules promulgated by the commission, or who falsifies any books or records that relate to any transaction connected with the holding, operating, and conducting of any limited gaming activity, or who knowingly violates any of the provisions of this article 30 or any rule adopted by the commission or any terms of any license granted under this article 30, commits a class 5 felony and shall be punished as provided in section 18-1.3-401.
C.R.S. § 44-10-802 — CO Code / Title 44 / Article 10 / Part 8 / Section 44-10-802
44-10-802. Fees - allocation
Status: in_force

44-10-802. Fees - allocation. (1) Except as otherwise provided, all fees and fines provided for by this article 10 shall be paid to the department, which shall transmit the fees to the state treasurer. The state treasurer shall credit the fees to the marijuana cash fund created in section 44-10-801.

(2) The expenditures of the state licensing authority are paid out of appropriations from the marijuana cash fund created in section 44-10-801.
C.R.S. § 44-30-1407 — CO Code / Title 44 / Article 30 / Part 14 / Section 44-30-1407
44-30-1407. Final agency action - judicial review
Status: in_force

44-30-1407. Final agency action - judicial review. Any official decision of the commission shall be considered final agency action and subject to judicial review in a court of competent jurisdiction. No official decision of the commission shall be appealable to or reviewable by the governing body of the city.
C.R.S. § 44-3-105 — CO Code / Title 44 / Article 3 / Part 1 / Section 44-3-105
44-3-105. Local option
Status: in_force

44-3-105. Local option. The operation of this article 3 shall be statewide unless any municipality or city and county, by a majority of the registered electors of any municipality or city and county, voting at any regular election or special election called for that purpose in accordance with the election laws of this state, decides against the right to sell alcohol beverages or to limit the sale of alcohol beverages to any one or more of the classes of licenses as provided by this article 3 within their respective limits. The local option question shall be submitted only upon a petition signed by not less than fifteen percent of the registered electors in the municipality or city and county; otherwise, the procedure with reference to the calling and holding of the elections shall be substantially in accordance with the election laws of the state. The expenses of the election shall be borne by the municipality or city and county in which the elections are held. The question of prohibition of sale of alcohol beverages or the limitation of sales to any one or more of the classes of licenses provided in this article 3 shall not be submitted to the registered electors more than once in any four-year period.
C.R.S. § 44-30-302 — CO Code / Title 44 / Article 30 / Part 3 / Section 44-30-302
44-30-302. Commission - powers and duties - rules
Status: repealed

44-30-302. Commission - powers and duties - rules. (1) In addition to any other powers and duties set forth in this part 3, and notwithstanding the designation of the Colorado limited gaming control commission under section 44-30-201 as a type 2 entity, the commission nonetheless has the following powers and duties:

(a) To promulgate the rules governing the licensing, conducting, and operating of limited gaming and sports betting as it deems necessary to carry out the purposes of this article 30. The director shall prepare and submit to the commission written recommendations concerning proposed rules for this purpose.

(b) To conduct hearings upon complaints charging violations of this article 30 or rules promulgated pursuant to this article 30, and to conduct any other hearings as may be required by rules of the commission;

(c) To enter into agreements with the Colorado bureau of investigation and state and local law enforcement agencies for the conduct of investigation, identification, or registration, or any combination thereof, of licensed operators and employees in licensed premises or in premises containing licensed premises in accordance with the provisions of this article 30, which conduct shall include, but not be limited to, performing background investigations and criminal records checks on an applicant applying for licensure pursuant to the provisions of this article 30 and investigating violations of any provision of this article 30 or of any rule promulgated by the commission pursuant to subsection (1)(a) of this section discovered as a result of the investigatory process or discovered by the department or the commission in the course of conducting its business. Nothing in this section shall prevent or impair the Colorado bureau of investigation or state or local law enforcement agencies from engaging in the activities set forth in this subsection (1)(c) on their own initiative.

(d) To conduct a continuous study and investigation of limited gaming and sports betting throughout the state for the purpose of ascertaining any defects in this article 30 or in the rules promulgated pursuant to this article 30 in order to discover any abuses in the administration and operation of the division or any violation of this article 30 or any rule promulgated pursuant to this article 30;

(e) To formulate and recommend changes to this article 30 or any rule promulgated pursuant to this article 30 for the purpose of preventing abuses and violations of this article 30 or any of the rules promulgated pursuant to this article 30; to guard against the use of this article 30 and the rules as a cloak for the conducting of illegal activities; and to ensure that this article 30 and the rules shall be in such form and be so administered as to serve the true purpose and intent of this article 30;

(f) To report immediately to the governor, the attorney general, the speaker of the house of representatives, the president of the senate, the minority leaders of both houses, and any other state officers as the commission deems appropriate concerning any laws that it determines require immediate amendment to prevent abuses and violations of this article 30 or any rule promulgated pursuant to this article 30 or to remedy undesirable conditions in connection with the administration or the operation of the division, limited gaming, or sports betting;

(g) To require any special reports from the director that it considers necessary;

(h) To issue temporary or permanent licenses to those involved in the ownership, participation, or conduct of limited gaming or sports betting;

(i) Upon complaint, or upon its own motion, to levy fines and to suspend or revoke, licenses that the commission has issued;

(j) To establish and collect fees and taxes upon persons, licenses, and gaming devices used in, or participating in, limited gaming or sports betting;

(k) To obtain all information from licensees and other persons and agencies that the commission deems necessary or desirable in the conduct of its business;

(l) To issue subpoenas for the appearance or production of persons, records, and things in connection with applications before the commission or in connection with disciplinary or contested cases considered by the commission;

(m) To apply for injunctive or declaratory relief to enforce the provisions of this article 30 and any rules promulgated pursuant to this article 30;

(n) (I) Except as otherwise provided in subsection (1)(n)(II) of this section, to inspect and examine without notice all premises in which limited gaming or sports betting is conducted or where devices or equipment used in those activities are located, manufactured, sold, or distributed, and to summarily seize, remove, and impound, without notice or hearing, from the premises any equipment, devices, supplies, books, or records for the purpose of examination or inspection.

(II) Subsection (1)(n)(I) of this section does not apply to an owner, operator, employee, or customer of a simulated gambling device, or of a business offering simulated gambling devices, who:

(A) Ceased participating in such activity on or before July 1, 2018; and

(B) Provides clear documentation to the district attorney that a lawful contract has been entered into for the sale or transfer of all simulated gambling devices connected with the activity to a person by whom, or into a jurisdiction where, the activity is lawful; and consummates the contract by actually selling or transferring the simulated gambling devices within one hundred eighty days after the contract was entered into or after any simulated gambling devices that were seized, confiscated, or forfeited by law enforcement authorities have been returned, whichever occurs later.

(o) To enter into contracts with any governmental entity to carry out its duties without compliance with the provisions of the "Procurement Code", articles 101 to 112 of title 24. The contracts or formal agreements, or both, are to be based on preestablished commission criteria specifying minimum levels of cooperation and conditions for payment.

(p) To exercise any other incidental powers as may be necessary to ensure the safe and orderly regulation of limited gaming and sports betting and the secure collection of all revenues, taxes, and license fees;

(q) To establish internal control procedures for licensees, including accounting procedures, reporting procedures, and personnel policies;

(r) To establish and collect fees for performing background checks on all applicants for licenses and on all persons with whom the commission or division may agree with or contract with for the providing of goods or services, as the commission deems appropriate;

(s) To establish and collect fees for performing, or having performed, tests on equipment and devices to be used in limited gaming or sports betting;

(t) To establish a field office in Black Hawk, Central City, or Cripple Creek, as deemed necessary by the commission;

(u) To demand, at any time when business is being conducted, access to and inspection, examination, photocopying, and auditing of all papers, books, and records of applicants and licensees, on their premises or elsewhere as practicable and in the presence of the licensee or the licensee's agent, pertaining to the gross income produced by any establishment or activity licensed under this article 30; to require verification of income and all other matters affecting the enforcement of the policies of the commission or any provision of this article 30; and to impound or remove all papers, books, and records of applicants and licensees, without hearing, for inspection or examination;

(v) To prescribe voluntary alternative methods for the making, filing, signing, subscribing, verifying, transmitting, receiving, or storing of returns or other documents; and

(w) To determine whether persons that are not licensed by the commission to conduct sports betting or limited gaming operations are offering to one or more members of the public, in any city, town, city and county, or county:

(I) Unlicensed sports betting operations;

(II) Unlicensed internet sports betting operations; or

(III) Unlicensed establishments that allow the use of equipment or devices that qualify as slot machines or are used to play roulette or craps.

(2) Rules promulgated pursuant to subsection (1) of this section must include, at a minimum, the following:

(a) The types of limited gaming and sports betting activities to be conducted and the rules for those activities;

(b) The requirements, qualifications, and grounds for the issuance, revocation, suspension, and summary suspension of all types of permanent and temporary licenses required for the conduct of limited gaming or sports betting;

(c) Qualifications of persons to hold limited gaming or sports betting licenses;

(d) Restrictions upon the times, places, and structures where limited gaming or sports betting are authorized;

(e) The ongoing operation of limited gaming or sports betting activities, including the testing and approval of software or accounting systems used in connection with limited gaming or sports betting;

(f) The scope and conditions for investigations and inspections into the conduct of limited gaming or sports betting, the background of licensees and applicants for licenses, the premises where limited gaming or sports betting are authorized, all premises where gaming devices are located, the books and records of licensees, and the sources and maintenance of limited gaming or sports betting devices and equipment;

(g) Activities that constitute fraud, cheating, or illegal or criminal activities;

(h) The percentage of the adjusted gross proceeds to be paid by each licensee to the commission, in addition to license fees and taxes;

(i) The seizure without notice or hearing of gaming equipment, supplies, or books and records for the purpose of examination and inspection;

(j) The disclosure of the complete financial interests of applicants for licenses or of licensees;

(k) The issuance or denial of support licenses by the director;

(l) The granting of certain licenses with special conditions or for limited periods, or both;

(m) The establishment of procedures for determining suitability or unsuitability of persons, acts, or practices;

(n) The payment of costs incurred in the operation and administration of the division, and the costs resulting from any contract entered into for consulting or operational services;

(o) The payment of costs incurred by the Colorado bureau of investigation and any other agencies for investigations or background checks, which shall be paid by applicants for licenses or by licensees;

(p) The levying of fines for violations of this article 30 or any rule promulgated pursuant to this article 30;

(q) The amount of license fees for all types of licenses issued by the commission and the division;

(r) The conditions and circumstances that constitute suitability of persons, locations, and equipment for gaming or sports betting;

(s) The types and specifications of all equipment and devices used in or with limited gaming or sports betting; and

(t) All other provisions necessary to accomplish the purposes of this article 30.

(3) Repealed.
C.R.S. § 44-30-1516 — CO Code / Title 44 / Article 30 / Part 15 / Section 44-30-1516
44-30-1516. Duties of licensees under the gambling payment intercept act
Status: in_force

44-30-1516. Duties of licensees under the gambling payment intercept act. Before making a payment of cash winnings, a licensee shall comply with the requirements of article 33 of this title 44.
C.R.S. § 44-30-527 — CO Code / Title 44 / Article 30 / Part 5 / Section 44-30-527
44-30-527. Executive director and director have access to files and records
Status: in_force

44-30-527. Executive director and director have access to files and records. The executive director and the director shall have access both physically and electronically to all files and records kept, or required to be maintained, and may contribute to those records.
C.R.S. § 44-3-429 — CO Code / Title 44 / Article 3 / Part 4 / Section 44-3-429
44-3-429. Purchasing alcohol from a surrendered license of common ownership - definition
Status: in_force

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:

(a) Beer and wine license under section 44-3-411;

(b) Hotel and restaurant license under section 44-3-413;

(c) Tavern license under section 44-3-414;

(d) Retail gaming tavern license under section 44-3-416;

(e) Brew pub license under section 44-3-417;

(f) Club license under section 44-3-418;

(g) Arts license under section 44-3-419;

(h) Racetrack license under section 44-3-420;

(i) Vintner's restaurant license under section 44-3-422;

(j) Distillery pub license under section 44-3-426;

(k) Entertainment facility license under section 44-3-428; or

(l) Lodging facility license under section 44-3-432.

(2) Notwithstanding sections 44-3-411, 44-3-413, 44-3-414, 44-3-416, 44-3-417, 44-3-418, 44-3-419, 44-3-420, 44-3-422, 44-3-426, and 44-3-428, a current licensee listed in subsection (1) of this section may purchase the remaining alcohol beverage inventory from a former licensee listed in subsection (1) of this section if:

(a) Within the last sixty days, the seller's license for a licensed premises has been surrendered or revoked or the seller has lost legal possession of the licensed premises; and

(b) There is common ownership between the seller and the purchaser.

(3) In order to sell the remaining alcohol beverage inventory from a licensed premises for which a license is being surrendered or revoked or of which the seller has lost legal possession to another licensee listed in subsection (1) of this section, the seller must:

(a) Have surrendered the license for the premises within the last sixty days, have had the license for the premises revoked within the last sixty days, or have lost legal possession of the licensed premises within the last sixty days;

(b) Return, within thirty days after the license was surrendered or revoked or the seller lost legal possession of the licensed premises, all alcohol beverages that the seller has not paid for to the wholesaler from whom the seller obtained the alcohol beverages on credit, and the wholesaler shall cancel the debt for the returned inventory;

(c) Offer and give wholesalers from whom the seller purchased remaining alcohol beverages a thirty-day option to repurchase any remaining alcohol beverages that the wholesaler sold to the seller before selling any inventory to a purchaser listed in subsection (1) of this section;

(d) Possess proof that all wholesalers the seller has purchased alcohol beverages from for the licensed premises have been paid in full for those purchases; and

(e) Sell the alcohol beverage inventory for only one licensed premises.

(4) The licensee purchasing alcohol beverages under this section shall retain evidence of the purchase in the form of a purchase receipt showing the name of the seller, the date of purchase, a description of the alcohol beverages purchased, and the price paid for the alcohol beverages. The licensee shall retain the receipt for three years and make it available to the state and local licensing authorities at all times during business hours.

(5) The state licensing authority shall not promulgate rules that regulate or establish the price at which the inventory may be sold under this section.

(6) A wholesaler shall not transport the alcohol beverage inventory from the seller's premises to the purchaser's premises. The seller may transport the alcohol beverage inventory to the purchaser's licensed premises.

(7) Nothing in this section allows a licensee to sell alcohol beverages if:

(a) The seller's license is not being surrendered or revoked or the seller did not lose legal possession of the licensed premises within the last sixty days;

(b) Common ownership does not exist;

(c) The seller is selling the business and transferring the license to a new owner; or

(d) The seller is changing the location of the licensed premises.

(8) For the purposes of this section, "common ownership" means that a person owns at least a ten percent ownership interest in both the seller and the purchaser at the time the license is surrendered or revoked or the seller lost legal possession of the licensed premises.
C.R.S. § 44-10-103 — CO Code / Title 44 / Article 10 / Part 1 / Section 44-10-103
44-10-103. Definitions - rules
Status: repealed

44-10-103. Definitions - rules. As used in this article 10, unless the context otherwise requires:

(1) "Accelerator cultivator" means a social equity licensee qualified to participate in the accelerator program established pursuant to this article 10 and authorized pursuant to rule to exercise the privileges of a retail marijuana cultivation facility on the premises of an accelerator-endorsed retail marijuana cultivation facility licensee.

(2) "Accelerator-endorsed licensee" means a retail marijuana cultivation facility licensee, retail marijuana products manufacturer licensee, or retail marijuana store who has, pursuant to rule, been endorsed to host and offer technical and capital support to a social equity licensee pursuant to the requirements of the accelerator program established pursuant to this article 10.

(3) Repealed.

(4) "Accelerator manufacturer" means a social equity licensee qualified to participate in the accelerator program established pursuant to this article 10 and authorized pursuant to rule to exercise the privileges of a retail marijuana products manufacturer on the premises of an accelerator-endorsed retail marijuana products manufacturing licensee.

(4.5) "Accelerator store" means a social equity licensee qualified to participate in the accelerator program established pursuant to this article 10 and authorized pursuant to rule to exercise the privileges of a retail marijuana store on the premises of an accelerator-endorsed retail marijuana store licensee.

(5) "Acquire", when used in connection with the acquisition of an owner's interest of a medical marijuana business or retail marijuana business, means obtaining ownership, control, power to vote, or sole power of disposition of the owner's interest, directly or indirectly or through one or more transactions or subsidiaries, through purchase, assignment, transfer, exchange, succession, or other means.

(6) "Acting in concert" means knowing participation in a joint activity or interdependent conscious parallel action toward a common goal, whether or not pursuant to an express agreement.

(6.5) "Adverse weather event" means:

(a) Damaging weather, which involves a drought, a freeze, hail, excessive moisture, excessive wind, or a tornado;

(b) An adverse natural occurrence, which involves an earthquake, wildfire, or flood; or

(c) Any additional adverse weather event or adverse natural occurrence as the state licensing authority may define by rule.

(7) "Advertising" means the act of providing consideration for the publication, dissemination, solicitation, or circulation of visual, oral, or written communication to directly induce any person to patronize a particular medical marijuana business or retail marijuana business or purchase particular regulated marijuana. "Advertising" does not include packaging and labeling, consumer education materials, or branding.

(8) "Affiliate" of, or person "affiliated with", has the same meaning as defined in 17 CFR 230.405.

(9) "Beneficial owner of", "beneficial ownership of", or "beneficially owns an" owner's interest is determined in accordance with 17 CFR 240.13d-3.

(10) "Branding" means promotion of a business's brand through publicizing the medical marijuana business's or retail marijuana business's name, logo, or distinct design features of the brand.

(11) "Consumer education materials" means any informational materials that seek to educate consumers about regulated marijuana generally, including but not limited to education regarding the safe consumption of marijuana, regulated marijuana concentrate, or regulated marijuana products, provided they are not distributed or made available to individuals under twenty-one years of age.

(12) "Control", "controls", "controlled", "controlling", "controlled by", and "under common control with", means the possession, direct or indirect, of the power to direct or cause the direction of the management or policies of a person, whether through the ownership of voting owner's interests, by contract, or otherwise.

(13) "Controlling beneficial owner" is limited to a person that satisfies one or more of the following criteria:

(a) A natural person, an entity as defined in section 7-90-102 (20) that is organized under the laws of and for which its principal place of business is located in one of the states or territories of the United States or District of Columbia, a publicly traded corporation, or a qualified private fund that is not a qualified institutional investor:

(I) Acting alone or acting in concert, that owns or acquires beneficial ownership of ten percent or more of the owner's interest of a medical marijuana business or retail marijuana business;

(II) That is an affiliate that controls a medical marijuana business or retail marijuana business and includes, without limitation, any manager; or

(III) That is otherwise in a position to control the medical marijuana business or retail marijuana business except as authorized in section 44-10-506 or 44-10-606; or

(b) A qualified institutional investor acting alone or acting in concert that owns or acquires beneficial ownership of more than thirty percent of the owner's interest of a medical marijuana business or retail marijuana business.

(14) "Escorted" means appropriately checked into a limited access area and accompanied by a person licensed by the state licensing authority; except that trade craftspeople not normally engaged in the business of cultivating, processing, selling, or testing regulated marijuana need not be accompanied on a full-time basis, but only reasonably monitored.

(15) "Executive director" means the executive director of the department of revenue.

(16) "Fibrous waste" means any roots, stalks, and stems from a medical or retail marijuana plant.

(16.5) (a) "Genetic material" means cannabis material used to propagate cannabis plants.

(b) "Genetic material" includes:

(I) Immature plants containing a delta-9 tetrahydrocannabinol concentration of no more than three-tenths of one percent on a dry weight basis;

(II) Cannabis seeds;

(III) Tissue culture; and

(IV) Small amounts or fragments of the cannabis plant containing a delta-9 tetrahydrocannabinol concentration of no more than three-tenths of one percent on a dry-weight basis.

(17) "Good cause", for purposes of refusing or denying a license renewal, reinstatement, or initial license issuance, means:

(a) The licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of this article 10; any rules promulgated pursuant to this article 10; or any supplemental local law, rules, or regulations;

(b) The licensee or applicant has failed to comply with any special terms or conditions that were placed on its license pursuant to an order of the state or local licensing authority;

(c) The licensed premises have been operated in a manner that adversely affects the public health or welfare or the safety of the immediate neighborhood in which the establishment is located.

(17.5) "Hemp product" has the meaning set forth in section 25-5-427 (2)(d).

(18) "Immature plant" means a nonflowering marijuana plant that is no taller than fifteen inches and no wider than fifteen inches and is produced from a cutting, clipping, or seedling.

(19) "Indirect financial interest holder" means a person that is not an affiliate, a controlling beneficial owner, or a passive beneficial owner of a medical marijuana business or retail marijuana business and that:

(a) Holds a commercially reasonable royalty interest in exchange for a medical marijuana business's or retail marijuana business's use of the person's intellectual property;

(b) Holds a permitted economic interest that was issued prior to January 1, 2020, and that has not been converted into an owner's interest;

(c) Is a contract counterparty with a medical marijuana business or retail marijuana business, other than a customary employment agreement, that has a direct nexus to the cultivation, manufacture, or sale of regulated marijuana, including, but not limited to, a lease of real property on which the medical marijuana business or retail marijuana business operates, a lease of equipment used in the cultivation of regulated marijuana, a secured or unsecured financing agreement with the medical marijuana business or retail marijuana business, a security contract with the medical marijuana business or retail marijuana business, or a management agreement with the medical marijuana business or retail marijuana business, provided that no such contract compensates the contract counterparty with a percentage of revenue for profits of the medical marijuana business or retail marijuana business; or

(d) Is identified by rule by the state licensing authority as an indirect financial interest holder.

(20) "Industrial fiber products" means intermediate or finished products made from fibrous waste that are not intended for human or animal consumption and are not usable or recognizable as medical or retail marijuana. Industrial fiber products include but are not limited to cordage, paper, fuel, textiles, bedding, insulation, construction materials, compost materials, and industrial materials.

(21) and (22) Repealed.

(22.5) "Intoxicating cannabinoid" means a cannabinoid that is classified as an intoxicating cannabinoid in section 44-10-209 or by the state licensing authority by rule, in coordination with the department of public health and environment, in accordance with section 44-10-209 (3)(f) and (3)(g).

(23) "License" means to grant a license, permit, or registration pursuant to this article 10.

(24) "Licensed premises" means the premises specified in an application for a license under this article 10 that are owned or in possession of the licensee and within which the licensee is authorized to cultivate, manufacture, distribute, sell, or test regulated marijuana and regulated marijuana products in accordance with this article 10.

(25) "Licensee" means a person licensed or registered pursuant to this article 10.

(26) "Limited access areas", subject to the provisions of section 44-10-1001, means a building, room, or other contiguous area upon the licensed premises where regulated marijuana and regulated marijuana products are cultivated, manufactured, stored, weighed, packaged, sold, possessed for sale, or tested, under control of the licensee, with access limited to only those persons licensed by the state licensing authority and those visitors escorted by a person licensed by the state licensing authority. All areas of ingress or egress to limited access areas must be clearly identified as such by a sign as designated by the state licensing authority.

(27) "Local jurisdiction" means a locality as defined in section 16 (2)(e) of article XVIII of the state constitution.

(28) "Local licensing authority" means an authority designated by municipal, county, or city and county charter, ordinance, or resolution, or the governing body of a municipality or city and county, or the board of county commissioners of a county if no such authority is designated.

(29) "Location" means a particular parcel of land that may be identified by an address or other descriptive means.

(30) "Manager" has the same meaning as in section 7-90-102 (35.7).

(31) "Marijuana accessories" has the same meaning as defined in section 16 (2)(g) of article XVIII of the state constitution.

(32) "Marijuana-based workforce development or training program" means a program designed to train individuals to work in the regulated marijuana industry operated by an entity licensed under this article 10 or by a school that is authorized by the private occupational school division.

(33) "Marijuana consumer waste" means any component left after the consumption of a regulated marijuana product, including but not limited to containers, packages, cartridges, pods, cups, batteries, all-in-one disposable devices, and any other waste component left after the regulated marijuana is consumed as defined by rules promulgated by the state licensing authority.

(33.5) "Marijuana hospitality business" means a facility, which may be mobile, licensed to permit the consumption of marijuana pursuant to this article 10; rules promulgated pursuant to this article 10; and the provisions of an enacted, initiated, or referred ordinance or resolution of the local jurisdiction in which the licensee operates.

(34) "Medical marijuana" means marijuana that is grown and sold pursuant to the provisions of this article 10 and for a purpose authorized by section 14 of article XVIII of the state constitution but shall not be considered a nonprescription drug for purposes of section 12-280-103 (28) or 39-26-717, or an over-the-counter medication for purposes of section 25.5-5-322. If the context requires, medical marijuana includes medical marijuana concentrate and medical marijuana products.

(35) "Medical marijuana business" means any of the following entities licensed pursuant to this article 10: A medical marijuana store, a medical marijuana cultivation facility, a medical marijuana products manufacturer, a medical marijuana testing facility, a marijuana research and development licensee, a medical marijuana business operator, or a medical marijuana transporter.

(36) "Medical marijuana business operator" means an entity or person that is not an owner and that is licensed to provide professional operational services to a medical marijuana business for direct remuneration from the medical marijuana business. A medical marijuana business operator is not, by virtue of its status as a medical marijuana business operator, a controlling beneficial owner or a passive beneficial owner of any medical marijuana business it operates.

(36.5) "Medical marijuana concentrate" means a subset of medical marijuana that is separated from the medical marijuana plant and results in matter with a higher concentration of cannabinoids than naturally occur in the plant. Medical marijuana concentrate contains cannabinoids and may contain terpenes and other chemicals that are naturally occurring in medical marijuana plants that have been separated from medical marijuana. Medical marijuana concentrate may also include residual amounts of the types of solvents, as permitted by the marijuana rules. The state licensing authority may further define by rule subcategories of medical marijuana concentrate and authorize limited ingredients based on the method of production of medical marijuana concentrate. Unless the context otherwise requires, medical marijuana concentrate is included when this article 10 refers to medical marijuana product.

(37) "Medical marijuana cultivation facility" means a person licensed pursuant to this article 10 to operate a business as described in section 44-10-502.

(38) "Medical marijuana product" means a product infused with medical marijuana that is intended for use or consumption other than by smoking, including but not limited to edible products, ointments, and tinctures.

(39) "Medical marijuana products manufacturer" means a person licensed pursuant to this article 10 to operate a business as described in section 44-10-503.

(40) "Medical marijuana store" means a person licensed pursuant to this article 10 to operate a business as described in section 44-10-501 that sells medical marijuana to registered patients or primary caregivers as defined in section 14 of article XVIII of the state constitution, but is not a primary caregiver.

(41) "Medical marijuana transporter" means an entity or person licensed to transport medical marijuana and medical marijuana products from one medical marijuana business to another medical marijuana business and to temporarily store the transported medical marijuana and medical marijuana products at its licensed premises, but not authorized to sell medical marijuana or medical marijuana products under any circumstances.

(42) "Mobile distribution center" means any vehicle other than a common passenger light-duty vehicle with a short wheel base used to carry a quantity of marijuana greater than one ounce.

(42.5) "Nonintoxicating cannabinoid" means a cannabinoid that is classified as a nonintoxicating cannabinoid in section 44-10-209 or by the state licensing authority by rule, in coordination with the department of public health and environment, in accordance with section 44-10-209 (3)(f) and (3)(g).

(42.6) "Novel cannabinoid" means any cannabinoid that has not been assessed by the state or a federal agency for a safety profile and intoxication profile.

(43) "Opaque" means that the packaging does not allow the product to be seen without opening the packaging material.

(44) "Operating fees", as referred to in section 16 (5)(f) of article XVIII of the state constitution, means fees that may be charged by a local jurisdiction for costs, including but not limited to inspection, administration, and enforcement of retail marijuana businesses authorized pursuant to this article 10.

(45) "Owner's interest" has the same meaning as in section 7-90-102 (44) and is synonymous with the term "security" unless the context otherwise requires.

(46) "Passive beneficial owner" means any person acquiring any owner's interest in a medical marijuana business or retail marijuana business that is not otherwise a controlling beneficial owner or in control.

(47) "Permitted economic interest" means any unsecured convertible debt instrument, option agreement, warrant, or any other right to obtain an ownership interest when the holder of such interest is a natural person who is a lawful United States resident and whose right to convert into an ownership interest is contingent on the holder qualifying and obtaining a license as an owner under this article 10, or such other agreements as may be permitted by rule of the state licensing authority.

(48) "Person" has the same meaning as defined in section 7-90-102 (49).

(48.5) (a) "Potentially intoxicating cannabinoid" means:

(I) A novel cannabinoid; and

(II) A cannabinoid that is not a phytocannabinoid.

(b) "Potentially intoxicating cannabinoid" does not include:

(I) Nonintoxicating cannabinoids; or

(II) Cannabinoids or compounds that comprise a naturally derived full spectrum hemp extract or broad spectrum hemp extract.

(49) "Premises" means a distinctly identified, as required by the state licensing authority, and definite location, which may include a building, a part of a building, a room, or any other definite contiguous area.

(50) "Publicly traded corporation" means any person other than an individual that is organized under the laws of and for which its principal place of business is located in one of the states or territories of the United States or District of Columbia or another country that authorizes the sale of marijuana and that:

(a) Has a class of securities registered pursuant to 15 U.S.C. sec. 77a et seq., that:

(I) Constitutes "covered securities" pursuant to 15 U.S.C. sec. 77r (b)(1)(A); or

(II) Is qualified and quoted on the OTCQX or OTCQB tier of the OTC markets if:

(A) The person is then required to file reports and is filing reports on a current basis with the federal securities and exchange commission pursuant to 15 U.S.C. sec. 78a et seq., as if the securities constituted "covered securities" as described in subsection (50)(a)(I) of this section; and

(B) The person has established and is in compliance with corporate governance measures pursuant to corporate governance obligations imposed on securities qualified and quoted on the OTCQX tier of the OTC markets.

(b) Is an entity that has a class of securities listed on the Canadian securities exchange, Toronto stock exchange, TSX venture exchange, or other equity securities exchange recognized by the state licensing authority, if:

(I) The entity constitutes a "foreign private issuer", as defined in 17 CFR 230.405, whose securities are exempt from registration pursuant to 15 U.S.C. sec. 78a et seq., pursuant to 17 CFR 240.12g3-2; and

(II) The entity has been, for the preceding three hundred sixty-five days or since the formation of the entity, in compliance with all governance and reporting obligations imposed by the relevant exchange on such entity;

(c) Is reasonably identified as a publicly traded corporation by rule; or

(d) A "publicly traded corporation" described in subsection (50)(a), (50)(b), or (50)(c) of this section does not include:

(I) An "ineligible issuer", as defined in 17 CFR 230.405, unless such publicly traded corporation satisfies the definition of ineligible issuer solely because it is one or more of the following, and the person is filing reports on a current basis with the federal securities and exchange commission pursuant to 15 U.S.C. sec. 78a et seq., as if the securities constituted "covered securities" as described in subsection (50)(a)(I) of this section, and prior to becoming a publicly traded corporation, the person for at least two years was licensed by the state licensing authority as a medical marijuana business or retail marijuana business with a demonstrated history of operations in the state of Colorado, and during such time was not subject to suspension or revocation of the license:

(A) A "blank check company", as defined in 17 CFR 230.419 (a)(2);

(B) An issuer in an offering of "penny stock", as defined in 17 CFR 240.3a51-1; or

(C) A "shell company", as defined in 17 CFR 240.12b-2; and

(II) A person disqualified as a "bad actor" pursuant to 17 CFR 230.506 (d)(1).

(51) "Qualified institutional investor" means:

(a) A bank, as defined in 15 U.S.C. sec. 78c (a)(6), if the bank is current in all applicable reporting and record-keeping requirements under such act and rules promulgated thereunder;

(b) A bank holding company, as defined in 12 U.S.C. sec. 1841 (a)(1), if the bank holding company is registered and current in all applicable reporting and record-keeping requirements under such act and rules promulgated thereunder;

(c) An insurance company, as defined in 15 U.S.C. sec. 80a-2 (a)(17), if the insurance company is current in all applicable reporting and record-keeping requirements under such act and rules promulgated thereunder;

(d) An investment company registered and subject to 15 U.S.C. sec. 80a-1 et seq., if the investment company is current in all applicable reporting and record-keeping requirements under such act and rules promulgated thereunder;

(e) An employee benefit plan or pension fund subject to 29 U.S.C. sec. 1001 et seq., excluding an employee benefit plan or pension fund sponsored by a licensee or an intermediary holding company licensee that directly or indirectly owns ten percent or more of a licensee;

(f) A state or federal government pension plan;

(g) A group comprised entirely of persons specified in subsections (51)(a) to (51)(f) of this section; or

(h) Any other entity identified by rule by the state licensing authority.

(52) "Qualified private fund" means an issuer that would be an investment company, as defined in, but for the exclusions provided under, 15 U.S.C. sec. 80a-3, and that:

(a) Is advised or managed by an investment adviser, as defined and registered pursuant to 15 U.S.C. sec. 80b-1 et seq., and for which the registered investment adviser is current in all applicable reporting and record-keeping requirements under such act and rules promulgated thereunder; and

(b) Satisfies one or more of the following:

(I) Is organized under the law of a state or the United States;

(II) Is organized, operated, or sponsored by a "U.S. person", as defined under 17 CFR 230.902(k), as amended; or

(III) Sells securities to a "U.S. person", as defined under 17 CFR 230.902(k), as amended.

(53) "Reasonable cause" means just or legitimate grounds based in law and in fact to believe that the particular requested action furthers the purposes of this article 10 or protects public safety.

(54) "Regulated marijuana" means medical marijuana and retail marijuana. If the context requires, regulated marijuana includes medical marijuana concentrate, medical marijuana products, retail marijuana concentrate, and retail marijuana products.

(55) "Regulated marijuana products" means medical marijuana products and retail marijuana products.

(56) "Resealable" means that the package continues to function within effectiveness specifications, which shall be established by the state licensing authority similar to the federal "Poison Prevention Packaging Act of 1970", 15 U.S.C. sec. 1471 et seq., for the number of openings and closings customary for its size and contents, which shall be determined by the state licensing authority.

(57) "Retail marijuana" means "marijuana" or "marihuana", as defined in section 16 (2)(f) of article XVIII of the state constitution, that is cultivated, manufactured, distributed, or sold by a licensed retail marijuana business. If the context requires, retail marijuana includes retail marijuana concentrate and retail marijuana products.

(58) "Retail marijuana business" means a retail marijuana store, a retail marijuana cultivation facility, a retail marijuana products manufacturer, a marijuana hospitality business, a retail marijuana hospitality and sales business, a retail marijuana testing facility, a retail marijuana business operator, or a retail marijuana transporter licensed pursuant to this article 10.

(59) "Retail marijuana business operator" means an entity or person that is not an owner and that is licensed to provide professional operational services to a retail marijuana business for direct remuneration from the retail marijuana business.

(59.5) "Retail marijuana concentrate" means a subset of retail marijuana that is separated from the retail marijuana plant and results in matter with a higher concentration of cannabinoids than naturally occur in the plant. Retail marijuana concentrate contains cannabinoids and may contain terpenes and other chemicals that are naturally occurring in retail marijuana plants that have been separated from retail marijuana. Retail marijuana concentrate may also include residual amounts of the types of solvents, as permitted by the marijuana rules. The state licensing authority may further define by rule subcategories of retail marijuana concentrate and authorize limited ingredients based on the method of production of retail marijuana concentrate. Unless the context otherwise requires, retail marijuana concentrate is included when this article 10 refers to retail marijuana product.

(60) "Retail marijuana cultivation facility" has the same meaning as "marijuana cultivation facility" as defined in section 16 (2)(h) of article XVIII of the state constitution.

(60.5) "Retail marijuana hospitality and sales business" means a facility, which cannot be mobile, licensed to permit the consumption of only the retail marijuana or retail marijuana products it has sold pursuant to the provisions of an enacted, initiated, or referred ordinance or resolution of the local jurisdiction in which the licensee operates.

(61) "Retail marijuana products" means "marijuana products" as defined in section 16 (2)(k) of article XVIII of the state constitution that are produced at a retail marijuana products manufacturer.

(62) "Retail marijuana products manufacturer" has the same meaning as "marijuana product manufacturing facility" as defined in section 16 (2)(j) of article XVIII of the state constitution.

(63) "Retail marijuana store" has the same meaning as defined in section 16 (2)(n) of article XVIII of the state constitution.

(64) "Retail marijuana testing facility" means "marijuana testing facility" as defined in section 16 (2)(l) of article XVIII of the state constitution that is licensed pursuant to this article 10.

(65) "Retail marijuana transporter" means an entity or person licensed to transport retail marijuana and retail marijuana products from one retail marijuana business to another retail marijuana business and to temporarily store the transported retail marijuana and retail marijuana products at its licensed premises, but not authorized to sell retail marijuana or retail marijuana products under any circumstances.

(66) "Sale" or "sell" includes to exchange, barter, or traffic in; to solicit or receive and order except through a licensee licensed under this article 10; to deliver for value in any way other than gratuitously; to peddle or possess with intent to sell; or to traffic in for any consideration promised or obtained directly or indirectly.

(67) "School" means a public or private preschool or a public or private elementary, middle, junior high, or high school or institution of higher education.

(68) "Security" has the same meaning as defined in 15 U.S.C. sec. 77b (a)(1) et seq.

(68.5) "Social equity licensee" means a natural person who meets the criteria established pursuant to section 44-10-308 (4). A person qualified as a social equity licensee may participate in the accelerator program established pursuant to this article 10 or may hold a regulated marijuana business license or permit issued pursuant to this article 10.

(69) "State licensing authority" means the authority created for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, sale, and testing of regulated marijuana in this state pursuant to section 44-10-201.
C.R.S. § 44-3-312 — CO Code / Title 44 / Article 3 / Part 3 / Section 44-3-312
44-3-312. Results of investigation - decision of authorities
Status: in_force

44-3-312. Results of investigation - decision of authorities. (1) Not less than five days prior to the date of hearing, the local licensing authority shall make known its findings based on its investigation in writing to the applicant and other interested parties. The local licensing authority has authority to refuse to issue any licenses provided in sections 44-3-309 (1) and 44-4-107 for good cause, subject to judicial review.

(2) (a) Before entering any decision approving or denying the application, the local licensing authority shall consider, except where this article 3 specifically provides otherwise, the facts and evidence adduced as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type, and availability of alcohol beverage outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed; except that the reasonable requirements of the neighborhood shall not be considered in the issuance of a club liquor license. For the merger and conversion of retail liquor store licenses to a single liquor-licensed drugstore license in accordance with section 44-3-410 (1)(b), the local licensing authority shall consider the reasonable requirements of the neighborhood and the desires of the adult inhabitants of the neighborhood.

(b) Any petitioning otherwise required to establish the reasonable requirements of the neighborhood shall be waived for a bed and breakfast permit applicant unless the local licensing authority has previously taken affirmative, official action to rescind the availability of such waiver in all subsequent cases.

(3) Any decision of a local licensing authority approving or denying an application shall be in writing stating the reasons therefor within thirty days after the date of the public hearing, and a copy of the decision shall be sent by certified mail to the applicant at the address shown in the application.

(4) No license shall be issued by any local licensing authority after approval of an application until the building in which the business is to be conducted is ready for occupancy with such furniture, fixtures, and equipment in place as is necessary to comply with the applicable provisions of this article 3 and article 4 of this title 44, and then only after inspection of the premises has been made by the licensing authority to determine that the applicant has complied with the architect's drawing and the plot plan and detailed sketch for the interior of the building submitted with the application.

(5) After approval of any application, the local licensing authority shall notify the state licensing authority of the approval, who shall investigate and either approve or disapprove such application.
C.R.S. § 44-30-602 — CO Code / Title 44 / Article 30 / Part 6 / Section 44-30-602
44-30-602. Return and remittance
Status: in_force

44-30-602. Return and remittance. Not later than fifteen days following the end of each retail month, each licensed retailer shall make a return and remittance to the director on forms prescribed and furnished by the director. The director may grant an extension of not more than five days for filing a return and remittance; except that the director shall not grant more than two extensions during any one-year period. Unless an extension is granted, a penalty or interest under section 44-30-604 shall be paid if a return or remittance is not made on time.
C.R.S. § 44-3-310 — CO Code / Title 44 / Article 3 / Part 3 / Section 44-3-310
44-3-310. Optional premises license - local option
Status: in_force

44-3-310. Optional premises license - local option. (1) No optional premises license, or optional premises permit for a hotel and restaurant license, as defined in section 44-3-103 (33)(a), shall be issued within any municipality or the unincorporated portion of any county unless the governing body of the municipality has adopted by ordinance, or the governing body of the county has adopted by resolution, specific standards for the issuance of optional premises licenses or for optional premises for a hotel and restaurant license. No municipality or county shall be required to adopt such standards or make such licenses available within its jurisdiction.

(2) In addition to all other standards applicable to the issuance of licenses under this article 3, the governing body may adopt additional standards for the issuance of optional premises licenses or for optional premises for a hotel and restaurant license that may include:

(a) The specific types of outdoor sports and recreational facilities that are eligible to apply for an optional premises license or an optional premises for a hotel and restaurant license;

(b) Restrictions on the number of optional premises that any one licensee may have on an outdoor sports or recreational facility;

(c) A restriction on the minimum size of any applicant's outdoor sports or recreational facility that would be eligible for the issuance of an optional premises license or optional premises for a hotel and restaurant license;

(d) Any other requirements necessary to ensure the control of the premises and the ease of enforcement.

(3) An applicant for a hotel and restaurant license who desires to sell or serve alcohol beverages on optional premises shall file with the optional premises permit application a list of the optional premises locations. The application and list shall be filed with the state and local licensing authorities upon initial application, and each license year thereafter. Approval of the areas must be obtained from the state licensing authority and the local licensing authority. The decision of each authority shall be discretionary. In the event that the state and local licensing authorities allow the area or areas to be designated optional premises, no alcohol beverages may be served on the optional premises without the licensee having provided written notice to the state and local licensing authorities forty-eight hours prior to serving alcohol beverages on the optional premises. The notice shall contain the specific days and hours on which the optional premises are to be used. This subsection (3) shall not be construed to permit the violation of any other provision of this article 3 under circumstances not specified in this subsection (3).

(4) An applicant for an optional premises license who desires to sell, dispense, or serve alcohol beverages on optional premises shall file with the optional premises license application a list of the optional premises locations and the area in which the applicant desires to store alcohol beverages for future use on the optional premises. The applicant shall file the application and additional information with the state and local licensing authorities upon initial application and each license year thereafter. Approval of the license and areas must be obtained from the state licensing authority and the local licensing authority. The decision of each authority shall be discretionary. In the event that the state and local licensing authorities allow the area or areas to be designated optional premises, no alcohol beverages may be served on the optional premises without the licensee having provided written notice to the state and local licensing authorities forty-eight hours prior to serving alcohol beverages on the optional premises. The notice must contain the specific days and hours on which the optional premises are to be used. This subsection (4) does not permit the violation of any other provision of this article 3 under circumstances not specified in this subsection (4).
C.R.S. § 44-3-501 — CO Code / Title 44 / Article 3 / Part 5 / Section 44-3-501
44-3-501. State fees - rules
Status: repealed

44-3-501. State fees - rules. (1) An applicant shall pay the following license and permit fees to the department annually in advance:

(a) For each resident and nonresident manufacturer's license, the fee shall be:

(I) For each brewery, three hundred dollars;

(II) For each winery, three hundred dollars;

(III) For each distillery or rectifier:

(A) On or after August 10, 2016, and before August 10, 2017, six hundred seventy-five dollars; and

(B) On or after August 10, 2017, three hundred dollars;

(IV) For each limited winery, seventy dollars;

(b) For each importer's license, three hundred dollars;

(c) For each wholesaler's liquor license:

(I) On or after August 10, 2016, and before August 10, 2017, eight hundred dollars; and

(II) On or after August 10, 2017, five hundred fifty dollars;

(d) For each wholesaler's beer license, five hundred fifty dollars;

(e) For each retail liquor store license, one hundred dollars;

(f) For each liquor-licensed drugstore license, one hundred dollars;

(g) For each beer and wine license, seventy-five dollars;

(h) For each hotel and restaurant license, seventy-five dollars;

(i) For each resort-complex-related facility permit, seventy-five dollars per related facility, as defined in section 44-3-413 (2)(e);

(j) For each related facility permit, seventy-five dollars per related facility, as defined in section 44-3-413 (3)(f);

(k) For each tavern license, seventy-five dollars;

(l) For each optional premises license, seventy-five dollars;

(m) For each retail gaming tavern license, seventy-five dollars;

(n) For each brew pub, distillery pub, or vintner's restaurant license, three hundred twenty-five dollars;

(o) For each club license, seventy-five dollars;

(p) For each arts license, seventy-five dollars;

(q) For each racetrack license, seventy-five dollars;

(r) For each public transportation system license, seventy-five dollars for each dining, club, or parlor car; plane; bus; or other vehicle in which such liquor is sold. No additional license fee shall be required by any municipality, city and county, or county for the sale of such liquor in dining, club, or parlor cars; planes; buses; or other conveyances.

(s) For each bed and breakfast permit, fifty dollars;

(t) Repealed.

(u) For each wine packaging permit, two hundred dollars;

(v) For each entertainment facility license, seventy-five dollars;

(w) For each manager's permit, one hundred dollars;

(x) For each lodging facility license, seventy-five dollars.

(2) Notwithstanding the amount specified for any fee in subsection (1) of this section, the executive director by rule, or as otherwise provided by law, may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3) to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director, by rule or as otherwise provided by law, may increase the amount of one or more of the fees as provided in section 24-75-402 (4).

(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:

(I) Applications for new liquor licenses pursuant to section 44-3-304 and rules adopted pursuant to that section;

(II) Applications to change location pursuant to section 44-3-301 (9) and rules adopted pursuant to that section;

(III) Applications for transfer of ownership pursuant to section 44-3-303 (1)(c) and rules adopted pursuant to that section;

(IV) Applications for modification of licensed premises pursuant to section 44-3-301 and rules adopted pursuant to that section;

(V) Applications for alternating use of premises pursuant to section 44-3-402 (3), 44-3-403 (2)(a), or 44-3-417 (1)(b) and rules adopted pursuant to those sections;

(VI) Applications for branch warehouse permits pursuant to section 44-3-407 and rules adopted pursuant to that section;

(VII) Applications for approval of a contract to sell alcohol beverages pursuant to section 44-3-413 (4)(c);

(VIII) Applications for warehouse storage permits pursuant to section 44-3-202 and rules adopted pursuant to that section;

(IX) Applications for duplicate licenses;

(X) Applications for wine shipment permits pursuant to section 44-3-104;

(XI) Sole source registrations or new product registrations pursuant to section 44-3-901 (4)(b);

(XII) Hotel and restaurant optional premises registrations;

(XIII) Expired license renewal and reissuance applications pursuant to section 44-3-302;

(XIV) Notice of change of name or trade name pursuant to section 44-3-301 and rules adopted pursuant to that section;

(XV) Applications for wine packing permits pursuant to section 44-3-425;

(XVI) Applications for transfer of ownership, change of location, and license merger and conversion pursuant to section 44-3-410 (1)(b);

(XVII) Applications for manager's permits pursuant to section 44-3-427;

(XVIII) Applications for the renewal of a license or permit issued in accordance with this article 3;

(XIX) Applications for a permit for or attachment to a communal outdoor dining area or for modification of a licensed premises to include a communal outdoor dining area;

(XX) Applications for retail establishment permits pursuant to section 44-3-424 and rules adopted pursuant to that section;

(XXI) Applications for a catering license and catering permit pursuant to section 44-3-431 and rules adopted pursuant to that section;

(XXII) Applications 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.

(b) The amounts of such fees, when added to the other fees transferred to the liquor enforcement division and state licensing authority cash fund pursuant to sections 44-4-105, 44-3-502 (1), and 44-5-104 shall reflect the direct and indirect costs of the liquor enforcement division and the state licensing authority in the administration and enforcement of this article 3 and articles 4 and 5 of this title 44.

(c) The state licensing authority may charge corporate applicants and limited liability companies licensed under this article 3 and article 4 of this title 44 a fee for the cost of each fingerprint analysis and background investigation undertaken to qualify new officers, directors, stockholders, members, or managers pursuant to the requirements of section 44-3-307 (1); however, the state licensing authority shall not collect such a fee if the applicant has already undergone a background investigation by and paid a fee to a local licensing authority.

(d) At least annually, the amounts of the fees shall be reviewed and, if necessary, adjusted to reflect the direct and indirect costs of the liquor enforcement division and the state licensing authority.

(4) Except as provided in subsection (5) of this section, the state licensing authority shall establish a basic fee which shall be paid at the time of service of any subpoena upon the state licensing authority or upon any employee of the division, plus a fee for meals and a fee for mileage at the rate prescribed for state officers and employees in section 24-9-104 for each mile actually and necessarily traveled in going to and returning from the place named in the subpoena. If the person named in the subpoena is required to attend the place named in the subpoena for more than one day, there shall be paid, in advance, a sum to be established by the state licensing authority for each day of attendance to cover the expenses of the person named in the subpoena.

(5) The subpoena fee established pursuant to subsection (4) of this section shall not be applicable to any state or local governmental agency.

(6) Repealed.
C.R.S. § 44-10-207 — CO Code / Title 44 / Article 10 / Part 2 / Section 44-10-207
44-10-207. Authority to seize and destroy marijuana - public health, safety, and welfare
Status: in_force

44-10-207. Authority to seize and destroy marijuana - public health, safety, and welfare. (1) (a) The state licensing authority or the state licensing authority's designee may issue an administrative hold on the movement of medical or retail marijuana to prevent the destruction of evidence, diversion, or other threat to public safety pending an investigation of an alleged violation of this article 10 or rules promulgated pursuant to this article 10.

(b) An administrative hold issued pursuant to subsection (1)(a) of this section may be lifted by order of the state licensing authority or the state licensing authority's designee, by agreement between the state licensing authority and the licensee subject to the hold, or in accordance with rules that the state licensing authority promulgates pursuant to section 44-10-203 (2)(h).

(2) (a) The state licensing authority or the state licensing authority's designee may embargo medical or retail marijuana when the state licensing authority finds objective and reasonable grounds to believe that the health, safety, or welfare of the public imperatively requires emergency action.

(b) (I) The state licensing authority may order the destruction of medical or retail marijuana subject to an embargo after notice and opportunity for a hearing before the state licensing authority or, if delegated by the state licensing authority, a department hearing officer. A hearing held pursuant to this subsection (2)(b) must be held in accordance with section 24-4-105.

(II) If medical or retail marijuana is ordered destroyed pursuant to this subsection (2)(b), the licensee is responsible for completing the destruction in coordination with the state licensing authority and in accordance with this article 10 and rules promulgated pursuant to this article 10.

(III) The licensee is responsible for all expenses related to the embargo and destruction of medical or retail marijuana ordered pursuant to this subsection (2)(b).

(3) The state licensing authority may seek the assistance of the department of public health and environment in connection with an embargo or a hearing seeking destruction of medical or retail marijuana.
C.R.S. § 44-30-605 — CO Code / Title 44 / Article 30 / Part 6 / Section 44-30-605
44-30-605. Local jurisdiction
Status: in_force

44-30-605. Local jurisdiction. Nothing in this article 30 shall impair or otherwise affect the power of the municipalities where limited gaming is authorized to impose a fee upon gaming devices used in limited gaming.
C.R.S. § 44-20-125 — CO Code / Title 44 / Article 20 / Part 1 / Section 44-20-125
44-20-125. New, reopened, or relocated dealer - notice required - grounds for refusal of de
Status: in_force

44-20-125. New, reopened, or relocated dealer - notice required - grounds for refusal of dealer license - definitions - rules. (1) No manufacturer shall establish an additional motor vehicle dealer, reopen a previously existing motor vehicle dealer, or authorize an existing motor vehicle dealer to relocate without first providing at least sixty days' notice to all of its franchised dealers within whose relevant market area the new, reopened, or relocated dealer would be located. The notice must state:

(a) The specific location at which the additional, reopened, or relocated motor vehicle dealer will be established;

(b) The date on or after which the manufacturer intends to be engaged in business with the additional, reopened, or relocated motor vehicle dealer at the proposed location; and

(c) The identity of all motor vehicle dealers who are franchised to sell the same line-make of vehicles with licensed locations in the relevant market area where the additional, reopened, or relocated motor vehicle dealer is proposed to be located.

(2) A manufacturer shall approve or disapprove of a motor vehicle dealer facility's initial site location, relocation, or reopening request within sixty days after the request or after sending the notice required by subsection (1) of this section to all of its franchised dealers, whichever is later.

(3) Subsection (1) of this section shall not apply to:

(a) The relocation of an existing dealer within two miles of its current location; or

(b) The establishment of a replacement dealer, within two years, either at the former location or within two miles of the former location.

(4) As used in this section:

(a) "Manufacturer" means a motor vehicle manufacturer, distributor, or manufacturer representative.

(b) "Relevant market area" means the greater of the following:

(I) The geographic area of responsibility defined in the franchise agreement of an existing dealer; or

(II) The geographic area within a radius of ten miles of any existing dealer of the same line-make of vehicle as the proposed additional motor vehicle dealer.

(5) (a) An existing motor vehicle dealer adversely affected by a reopening or relocation of an existing same line-make motor vehicle dealer or the addition of a same line-make motor vehicle dealer may, within ninety days after receipt of the notice required in subsection (1) of this section, file a legal action in a district court of competent jurisdiction or file an administrative complaint with the executive director to prevent or enjoin the relocation, reopening, or addition of the proposed motor vehicle dealer. An existing motor vehicle dealer is adversely impacted if:

(I) The dealer is located within the relevant market area of the proposed relocated, reopened, or additional dealership described in the notice required in subsection (1) of this section; or

(II) The existing dealer or dealers of the same line-make show that, during any twelve-month period of the thirty-six months preceding the receipt of the notice required in subsection (1) of this section, the dealer or dealers, or a dealer's predecessor, made at least twenty-five percent of the dealer's retail sales of new motor vehicles to persons whose addresses are located within ten miles of the location of the proposed relocated, reopened, or additional dealership.

(b) The executive director shall refer a complaint filed under this section to an administrative law judge with the office of administrative courts for final agency action.

(c) In any court or administrative action, the manufacturer has the burden of proof on each of the following issues:

(I) The change in population;

(II) The relevant vehicle buyer profiles;

(III) The relevant historical new motor vehicle registrations for the line-make of vehicles versus the manufacturer's actual competitors in the relevant market area;

(IV) Whether the opening of the proposed additional, reopened, or relocated motor vehicle dealer is materially beneficial to the public interest or the consumers in the relevant market area;

(V) Whether the motor vehicle dealers of the same line-make in the relevant market area are providing adequate representation and convenient customer care, including the adequacy of sales and service facilities, equipment, parts, and qualified service personnel, for motor vehicles of the same line-make in the relevant market area;

(VI) The reasonably expected market penetration of the line-make, given the factors affecting penetration; and

(VII) Whether the additional, reopened, or relocated dealership is reasonable and justifiable based on expected economic and market conditions within the relevant market area.

(d) In any court or administrative action, the motor vehicle dealer has the burden of proof on each of the following issues:

(I) Whether the manufacturer has engaged in any action or omission that, directly or indirectly, denied the existing motor vehicle dealer of the same line-make the opportunity for reasonable growth or market expansion;

(II) Whether the manufacturer has coerced or attempted to coerce any existing motor vehicle dealer or dealers into consenting to additional or relocated franchises of the same line-make in the community or territory or relevant market area; and

(III) The size and permanency of the investment of and obligations incurred by the existing motor vehicle dealers of the same line-make located in the relevant market area.

(e) (I) In a legal or administrative action challenging the relocating, reopening, or addition of a motor vehicle dealer, the district court or administrative law judge shall make a determination of whether the relocation, reopening, or addition of a motor vehicle dealer is, based on the factors identified in subsections (5)(c) and (5)(d) of this section:

(A) In the public interest; and

(B) Fair and equitable to the existing motor vehicle dealers.

(II) The district court or the executive director shall deny any proposed relocating, reopening, or addition of a motor vehicle dealer unless the manufacturer shows by a preponderance of the evidence that the existing motor vehicle dealer or dealers of the same line-make in the relevant market area of the proposed dealership are not providing adequate representation of the line-make motor vehicles. A determination to deny, prevent, or enjoin the relocating, reopening, or addition of a motor vehicle dealer is effective for at least eighteen months.