CO Code § 44-3-313 (2021)
2021 Colorado Code|Title 44 - Revenue - Regulation of Activities|Article 3 - Alcohol Beverages|Part 3 - State and Local Licensing|§ 44-3-313. Restrictions for Applications for New License

  An application for the issuance of any license specified in section 44-3-309 (1) or 44-4-107 (1) shall not be received or acted upon:     If the application for a license described in section 44-3-309 (1) concerns a particular location that is the same as or within five hundred feet of a location for which, within the two years next preceding the date of the application, the state or a local licensing authority denied an application for the same class of license for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by the existing outlets. (a) (I) If the application for a license described in section 44-3-309 (1) concerns a particular location that is the same as or within five hundred feet of a location for which, within the two years next preceding the date of the application, the state or a local licensing authority denied an application for the same class of license for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by the existing outlets.    Subsection (1)(a)(I) of this section shall not apply to cities in which limited gaming is permitted pursuant to section 9 of article XVIII of the state constitution.    No licensing authority shall consider an application for any license to sell fermented malt beverages at retail pursuant to section 44-4-107 (1) if, within one year before the date of the application, the state or a local licensing authority has denied an application at the same location for the reason that the reasonable requirements of the neighborhood or the desires of the inhabitants were satisfied by the existing outlets.       Until it is established that the applicant is, or will be, entitled to possession of the premises for which application is made under a lease, rental agreement, or other arrangement for possession of the premises, or by virtue of ownership thereof;    For a location in an area where the sale of alcohol beverages as contemplated is not permitted under the applicable zoning laws of the municipality, city and county, or county;      If the building in which the alcohol beverages are to be sold pursuant to a license described in section 44-3-309 (1) is located within five hundred feet of any public or parochial school or the principal campus of any college, university, or seminary; except that this subsection (1)(d)(I) does not: (d) (I) If the building in which the alcohol beverages are to be sold pursuant to a license described in section 44-3-309 (1) is located within five hundred feet of any public or parochial school or the principal campus of any college, university, or seminary; except that this subsection (1)(d)(I) does not:   Affect the renewal or reissuance of a license once granted;    Apply to licensed premises located or to be located on land owned by a municipality;    Apply to an existing licensed premises on land owned by the state;    Apply to a liquor license in effect and actively doing business before the principal campus was constructed;    Apply to any club located within the principal campus of any college, university, or seminary that limits its membership to the faculty or staff of the institution; or    Apply to a campus liquor complex.       The distances referred to in subsection (1)(d)(I) of this section are to be computed by direct measurement from the nearest property line of the land used for school purposes to the nearest portion of the building in which liquor is to be sold, using a route of direct pedestrian access.    The local licensing authority of any city and county, by rule or regulation; the governing body of any other municipality, by ordinance; and the governing body of any other county, by resolution, may eliminate or reduce the distance restrictions imposed by this subsection (1)(d) for any class of license, or may eliminate one or more types of schools or campuses from the application of any distance restriction established by or pursuant to this subsection (1)(d).    In addition to the requirements of section 44-3-312 (2), the local licensing authority shall consider the evidence and make a specific finding of fact as to whether the building in which the liquor is to be sold is located within any distance restrictions established by or pursuant to this section. This finding shall be subject to judicial review pursuant to section 44-3-802.         If the building in which the fermented malt beverages are to be sold pursuant to a license under section 44-4-107 (1)(a) is located within five hundred feet of any public or parochial school or the principal campus of any college, university, or seminary; except that this subsection (1)(e)(I) does not apply to: (e) (I) If the building in which the fermented malt beverages are to be sold pursuant to a license under section 44-4-107 (1)(a) is located within five hundred feet of any public or parochial school or the principal campus of any college, university, or seminary; except that this subsection (1)(e)(I) does not apply to:   Licensed premises located or to be located on land owned by a municipality;    An existing licensed premises on land owned by the state;    A fermented malt beverage retailer that held a valid license and was actively doing business before the principal campus was constructed;    A club located within the principal campus of any college, university, or seminary that limits its membership to the faculty or staff of the institution; or    A campus liquor complex.       The distances referred to in subsection (1)(e)(I) of this section are to be computed by direct measurement from the nearest property line of the land used for school purposes to the nearest portion of the building in which fermented malt beverages are to be sold, using a route of direct pedestrian access.    The local licensing authority of any city and county, by rule or regulation; the governing body of any other municipality, by ordinance; or the governing body of any other county, by resolution, may:   Eliminate or modify the distance restrictions imposed by this subsection (1)(e); or    Eliminate one or more types of schools or campuses from the application of any distance restriction established by or pursuant to this subsection (1)(e).       In addition to the requirements of section 44-3-312 (2), the local licensing authority shall consider the evidence and make a specific finding of fact as to whether the building in which the fermented malt beverages are to be sold is located within any distance restriction established by or pursuant to this subsection (1)(e). The finding is subject to judicial review pursuant to section 44-3-802.    This subsection (1)(e) applies to:   Applications for new fermented malt beverage retailer's licenses under section 44-4-107 (1)(a) submitted on or after June 4, 2018; and    Applications submitted on or after June 4, 2018, under section 44-3-301 (9) by fermented malt beverage retailers licensed under section 44-4-107 (1)(a) to change the permanent location of the fermented malt beverage retailer's licensed premises.             An application for the issuance of a tavern or retail liquor store license may be denied under this article 3 if the local licensing authority or the state on state-owned property determines, pursuant to section 44-3-301 (2)(b), that the issuance of the license would result in or add to an undue concentration of the same class of license and, as a result, require the use of additional law enforcement resources.     History. Source: L. 2018: IP(1) amended and (1)(e) added,(SB 18-243), ch. 366, p. 2200, § 7, effective June 4; entire article added with relocations,(HB 18-1025), ch. 152, p. 987, § 2, effective October 1.    Editor's note:    This section is similar to former § 12-47-313 as it existed prior to 2018.    Subsections IP(1) and (1)(e) of this section were numbered as § 12-47-313 IP(1) and (1)(e), respectively, in SB 18-243. Those provisions were harmonized with and relocated to this section as this section appears in HB 18-1025.     Cross references:   For the legislative declaration in SB 18-243, see section 1 of chapter 366, Session Laws of Colorado 2018.   ANNOTATION   Annotator's note. The following annotations include cases decided under former provisions similar to this section.   Previous denial based upon location prohibits application for transfer of license. The holder of a liquor license cannot apply for a transfer of his license to a facility where, during the preceding two years, a license has been denied for the reason that the reasonable requirements of the neighborhood and the desires of the inhabitants were being satisfied by existing outlets. Sixth Ave. Liquors, Inc. v. Kalbin, 44 Colo. App. 232, 615 P.2d 56 (1980).   Condition placed upon use review is impermissible attempt to regulate the hours in which alcohol beverages may be sold. The condition placed upon business does not amount to an exercise in zoning because it applies to a particular business only. Berger v. City of Boulder, 195 P.3d 1138 (Colo. App. 2008).   Land owned by the school board and used for the purpose of carrying out the physical education and athletic programs of the school is “land used for school purposes” for the purposes of this section. La Loma, Inc. v. City & County of Denver, 40 Colo. App. 55, 572 P.2d 1219 (1977).   The university of Colorado medical school is not a principal campus of the university of Colorado for the purposes of subsection (1)(d). Londer v. Friednash, 38 Colo. App. 350, 560 P.2d 102 (1976).   The university of Colorado at Denver was established as a principal campus in the Denver area. However, the medical school, presently located elsewhere within Denver, was not and has not been declared to be a separate state institution with a constitutionally established principal campus, and its location remains entrusted to the discretion of the regents. Londer v. Friednash, 38 Colo. App. 350, 560 P.2d 102 (1976).   The John F. Kennedy child development center is not a public school for the purposes of subsection (1)(d). Londer v. Friednash, 38 Colo. App. 350, 560 P.2d 102 (1976).   There was no evidence in the record that the John F. Kennedy child development center, which is associated with the medical school of the university of Colorado and is not subject to open enrollment by the public, is a public school other than the fact of its voluntary participation in a cooperative preschool program. Londer v. Friednash, 38 Colo. App. 350, 560 P.2d 102 (1976).   Meaning of subsection (1)(d)(III). In view of the general rule of statutory construction that relative and qualifying words and phrases, where no contrary intention appears, will be construed to refer solely to the last antecedent with which they are closely connected, the last clause of subsection (1)(d)(III) modifies only “to the nearest portion of the building in which liquor is to be sold”, and consequently, measurement should proceed from the point nearest a proposed liquor store on the property line of a school by direct pedestrian route rather than the nearest gateway. Moschetti v. Liquor Licensing Auth., 176 Colo. 281 , 490 P.2d 299 (1971).   The measurement between the school and the restaurant of the liquor license applicant begins at the point on the school property line that is nearest to the restaurant for a pedestrian, even though another point on the property line may be closer to the restaurant as the crow flies. Mariscos Las Islitas, Inc. v. Gonzales, 122 P.3d 1082 (Colo. App. 2005).   A measurement following a path of “pedestrian access” which is artificially circuitous is not valid. Moschetti v. Liquor Licensing Auth., 176 Colo. 281 , 490 P.2d 299 (1971).   Applied in In re Title Pertaining to Sale of Table Wine in Grocery Stores, 646 P.2d 916 (Colo. 1982).