CO Code § 44-3-601 (2021)
2021 Colorado Code|Title 44 - Revenue - Regulation of Activities|Article 3 - Alcohol Beverages|Part 6 - Disciplinary Actions|§ 44-3-601. Suspension - Revocation - Fines - Rules

     Subject to subsection (8) of this section, in addition to any other penalties prescribed by this article 3 or article 4 or 5 of this title 44, the state or any local licensing authority has the power, on its own motion or on complaint, after investigation and public hearing at which the licensee shall be afforded an opportunity to be heard, to fine a licensee or to suspend or revoke, in whole or in part, any license or permit issued by such authority for any violation by the licensee or by any of the agents, servants, or employees of the licensee of this article 3; any rules authorized by this article 3; or any of the terms, conditions, or provisions of the license or permit issued by such authority. A licensing authority may impose a fine pursuant to this subsection (1) regardless of whether a licensee has petitioned the licensing authority pursuant to subsection (3)(a) of this section for permission to pay a fine in lieu of license or permit suspension, and the licensing authority need not make the findings specified in subsections (3)(a)(I) and (3)(a)(II) of this section.    Any 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 any hearing that the licensing authority is authorized to conduct.    For the purposes of imposing a fine, the state licensing authority shall adopt rules establishing categories of violations by level of severity and associated ranges of penalties for state and local licensing authorities, including aggravating and mitigating factors to be considered in determining penalties. A fine imposed pursuant to this subsection (1) must be between five hundred and one hundred thousand dollars; except that penalties for a first violation that is in the least severe level of license violations established pursuant to this subsection (1)(c) must not exceed five thousand dollars.       Notice of suspension or revocation, as well as any required notice of such hearing, shall be given by mailing the same in writing to the licensee at the address contained in the license or permit. No such suspension shall be for a longer period than six months. If any license or permit is suspended or revoked, no part of the fees paid therefor shall be returned to the licensee. Any license or permit may be summarily suspended by the issuing licensing authority without notice pending any prosecution, investigation, or public hearing. Nothing in this section shall prevent the summary suspension of a license or permit for a temporary period of not more than fifteen days.      Whenever a decision of the state or any local licensing authority suspending a license or permit becomes final, whether by failure of the licensee to appeal the decision or by exhaustion of all appeals and judicial review, the licensee may, before the operative date of the suspension, petition for permission to pay a fine in lieu of the license or permit suspension for all or part of the suspension period. Upon the receipt of the petition, the state or the 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 it is satisfied that:   The public welfare and morals 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; and    The books and records of the licensee are kept in such a manner that the loss of sales of alcohol beverages that the licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy.       Subject to subsection (8) of this section, the fine accepted by the licensee pursuant to subsection (3)(a) of this section shall be equivalent to twenty percent of the licensee's estimated gross revenues from sales of alcohol beverages during the period of the proposed suspension; except that the fine must be between five hundred and one hundred thousand dollars.    Repealed. (3.5) The method of payment of any fine pursuant to subsection (1) or (3) of this section:   To a local licensing authority shall be in the form of cash or in the form of a certified check or cashier's check made payable to the local licensing authority;    To the state licensing authority shall be in the form determined by the state licensing authority by rule.          Upon payment of the fine pursuant to subsection (3) of this section, the state or the local licensing authority shall enter its further order permanently staying the imposition of the suspension. If the fine is paid to a local licensing authority, the governing body of the authority shall cause such money to be paid into the general fund of the local licensing authority. Fines paid to the state licensing authority pursuant to subsection (3) of this section shall be transmitted to the state treasurer who shall credit the same to the general fund.    In connection with any 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 it to complete its investigation and make its findings and, if it 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.    If the state or the 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 shall go into effect on the operative date finally set by the state or the local licensing authority.    The provisions of subsections (3) to (6) of this section shall be effective and may be implemented by the state licensing authority upon its decision to accept and adopt the optional procedures set forth in said subsections. The provisions of subsections (3) to (6) of this section shall be effective and may be implemented by a local licensing authority only after the governing body of the municipality, the governing body of the city and county, or the board of county commissioners of the county chooses to do so and acts, by appropriate resolution or ordinance, to accept and adopt the optional procedures set forth in said subsections. Any such actions may be revoked in a similar manner.      The following applies only if the licensing authority has decided to impose a suspension for a violation of section 44-3-901 (1)(a), (1)(b), or (6)(a)(I) that occurs in a sales room for a licensee operating pursuant to section 44-3-402 (2) or (7), 44-3-403 (2)(c), or 44-3-407 (1)(b):   If the licensing authority decides to accept a fine in lieu of a license suspension, the licensing authority shall only include in the computation of the fine the estimated gross revenues of the retail sales of the sales room where the violation occurred, and not any manufacturing or wholesale activities of the licensee; except that the fine must be between two hundred and five thousand dollars; and    If the licensing authority declines to accept a fine, it shall limit any suspension to the designated premises for the sales room where the violation occurred, and not any manufacturing or wholesale activities of the licensee. In the case of a temporary sales room for not more than three consecutive days, the licensing authority shall apply a suspension issued in accordance with this section only to future temporary sales rooms and not any manufacturing or wholesale activities of the licensee.       The following applies only if the licensing authority has decided to impose a suspension for a violation of section 44-3-901 (1)(a), (1)(b), or (6)(a)(I) that occurs in a retail establishment for licensees operating pursuant to section 44-3-417, 44-3-422, or 44-3-426:   If the licensing authority decides to accept a fine in lieu of a license suspension, the licensing authority shall only include in the computation of the fine the estimated gross revenues of the retail activities of the licensee, and not any manufacturing or wholesale activities of the licensee; except that the fine must be between two hundred and five thousand dollars; and    If the licensing authority declines to accept a fine, it shall limit any suspension to the retail activities of the licensee, and not any manufacturing or wholesale activities of the licensee.       When imposing a suspension or fine against a retail establishment licensed under section 44-4-107 (1) or this article 3 for a violation of section 44-3-901 (6)(a)(I), the licensing authority shall not take into consideration any violation of section 44-3-901 (6)(a)(I) by the licensee that occurred more than five years before the date on which the violation for which the suspension or fine is being imposed occurred.       When penalizing a vendor who has violated provisions of this article 3 and article 4 of this title 44 that prohibit the service of an alcohol beverage to a minor or a visibly intoxicated person, state and local licensing authorities shall consider it a mitigating factor if the vendor is a responsible alcohol beverage vendor as defined by part 10 of this article 3. In addition, the state licensing authority by rule may include other violations of this article 3 and article 4 of this title 44 that licensing authorities shall consider for mitigation if the vendor qualifies as a responsible alcohol beverage vendor.     History. Source: L. 2018: (8)(c) added,(SB 18-243), ch. 366, p. 2205, § 10, effective June 4; entire article added with relocations,(HB 18-1025), ch. 152, p. 1044, § 2, effective October 1. L. 2020: (1) and (3)(b) amended, (3)(c) repealed, and (3.5) added,(SB 20-110), ch. 290, p. 1434, § 1, effective July 13.    Editor's note:    This section is similar to former § 12-47-601 as it existed prior to 2018.    Subsection (8)(c) of this section was numbered as § 12-47-601 (7.5)(c) in SB 18-243. That provision was 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.   Due process standard applicable. The test of whether a liquor licensee's procedural due process rights have been violated is one of “fundamental fairness”. Chroma Corp. v. County of Adams, 36 Colo. App. 345, 543 P.2d 83 (1975).   The holder of a liquor license has sufficient interest therein to require procedural due process protection. Chroma Corp. v. County of Adams, 36 Colo. App. 345, 543 P.2d 83 (1975).   Promulgation of rules is not necessary to ensure due process rights for a license suspension under this section because judicial review adequately protects those rights. Brownlee v. Dept. of Rev., 686 P.2d 1372 (Colo. App. 1984).   This section is constitutional on its face when a hearing is provided as soon as possible within the 15-day limitation set out in the statute. New Safari Lounge, Inc. v. City of Colo. Springs, 193 Colo. 428 , 567 P.2d 372 (1977).   This section prescribes procedures to revoke a license to sell intoxicating liquors with an alcoholic content in excess of 3.2 percent. Bunzel v. City of Golden, 151 Colo. 352 , 378 P.2d 208 (1963).   This section has no application to a license to sell 3.2 percent beer. Bunzel v. City of Golden, 151 Colo. 352 , 378 P.2d 208 (1963).   Though not technically property, a liquor license is a valuable right and possesses some of the characteristics of property, and it may be revoked for breach of the conditions upon which it was issued. A. D. Jones & Co. v. Parsons, 136 Colo. 434 , 319 P.2d 480 (1957).   A liquor license can be recalled with all other similar licenses during the year only by legislative action, otherwise, it is revocable during the year only for breach of the conditions upon which it was issued, and as thus viewed, it is property within the meaning of the due process clause of the federal constitution. A. D. Jones & Co. v. Parsons, 136 Colo. 434 , 319 P.2d 480 (1957).   Boards of county commissioners have power to revoke licenses to sell intoxicating liquors whenever the board is satisfied that the licensee has abused the privilege of the license or violated the general law, and for the purpose of determining whether or not a license should be revoked the board may hear evidence and determine for itself whether or not the law has been violated and it is not necessary that the licensee should first have been tried and proven guilty of violating the law in a court of competent jurisdiction before his license can be revoked. Bd. of County Comm'rs v. Mayr, 31 Colo. 173 , 74 P. 458 (1903) (decided prior to earliest source, L. 35, p. 612 , § 10).   Basis for revocation. Licenses may be revoked by the licensing authority, after notice and hearing, for any violation by the licensee or by any of the agents, servants, or employees of such licensee of the provisions of this article, or any of the rules or regulations authorized hereunder, or of any of the terms, conditions or provisions of the license issued by such authority. A. D. Jones & Co. v. Parsons, 136 Colo. 434 , 319 P.2d 480 (1957).   Sanctions criteria set forth in this section do not govern a decision not to renew under § 12-47-302 (1) . Morris-Schindler, LLC v. City & County of Denver, 251 P.3d 1076 (Colo. App. 2010).   Licensee presumed to know regulations. Having applied for and received a license pursuant to the state liquor code, a licensee is presumed to know the regulations governing use of that license. Chroma Corp. v. County of Adams, 36 Colo. App. 345, 543 P.2d 83 (1975).   The test of the sufficiency of notice is whether charges are described with reasonable certainty so that licensee can prepare a defense. Chroma Corp. v. County of Adams, 36 Colo. App. 345, 543 P.2d 83 (1975).   This section does not require in a county license suspension hearing that the notice of hearing identify the specific statute or regulation that the licensee is alleged to have violated. Chroma Corp. v. County of Adams, 36 Colo. App. 345, 543 P.2d 83 (1975).   Governed by liquor code on local level. Since the general assembly has not adopted legislation requiring that license suspension proceedings by a county be conducted pursuant to the state administrative procedure act and since a county does not have statewide jurisdiction, the notice requirements, suspension of a liquor license, are governed by the state liquor code. Chroma Corp. v. County of Adams, 36 Colo. App. 345, 543 P.2d 83 (1975).   Director could move court to release documents in custodia legis. Where director initiated proceedings to determine possible revocation or suspension of license, but the district court had possession of the necessary documents for use by the grand jury, and the district court could not be subpoenaed, the director could properly move, in the alternative, for the court to release the documents in custodia legis. Granbery v. District Court, 187 Colo. 316 , 531 P.2d 390 (1975).   License suspended for sale of wine to minor. DiManna v. Kalbin, 646 P.2d 403 (Colo. App. 1982).   Forty-five days suspension for gambling is reasonable for a violation of § 12-47-128 (5)(n) . Brownlee v. Dept. of Rev., 686 P.2d 1372 (Colo. App. 1984).   Applied in Continental Liquor Co. v. Kalbin, 43 Colo. App. 438, 608 P.2d 353 (1977); Chroma Corp. v. Campbell, 44 Colo. App. 387, 619 P.2d 74 (1980).