2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 3 - ALCOHOL BEVERAGES (§§ 44-3-101 — 44-3-1002) › Part 3 - STATE AND LOCAL LICENSING (§§ 44-3-301 — 44-3-313) › Section 44-3-313 - Restrictions for applications for new license

(1)
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:
(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.
(II)
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.
(III)
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.
(b)
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;
(c)
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;
(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:
(A)
Affect the renewal or reissuance of a license once granted;
(B)
Apply to licensed premises located or to be located on land owned by a municipality;
(C)
Apply to an existing licensed premises on land owned by the state;
(D)
Apply to a liquor license in effect and actively doing business before the principal campus was constructed;
(E)
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
(F)
Apply to a campus liquor complex.
(II)
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.
(III)
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).
(IV)
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
.
(e)
(I)
If the building in which the fermented malt beverages and wine 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:
(A)
Licensed premises located or to be located on land owned by a municipality;
(B)
An existing licensed premises on land owned by the state;
(C)
A fermented malt beverage and wine retailer that held a valid license and was actively doing business before the principal campus was constructed;
(D)
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
(E)
A campus liquor complex.
(II)
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 and wine are to be sold, using a route of direct pedestrian access.
(III)
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:
(A)
Eliminate or modify the distance restrictions imposed by this subsection (1)(e); or
(B)
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).
(IV)
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 and wine 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
.
(V)
This subsection (1)(e) applies to:
(A)
Applications for new fermented malt beverage and wine retailer's licenses under section
44-4-107 (1)(a)
submitted on or after March 1, 2023; and
(B)
Applications submitted on or after March 1, 2023, under section
44-3-301 (9)
by fermented malt beverage and wine retailers licensed under section
44-4-107 (1)(a)
to change the permanent location of the fermented malt beverage and wine retailer's licensed premises.
(2)
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.
Amended by 2022 Ballot Proposition 125, passed by voters in 11/8/2020 election, effective 3/1/2023.
Renumbered from C.R.S. § 12-47-313 and amended by 2018 Ch. 152, § 2, eff. 10/1/2018.
Amended by 2018 Ch. 366, § 7, eff. 6/4/2018.
Amended by 2017 Ch. 152, § 3, eff. 8/9/2017.
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.
(1) This section is similar to former § 12-47-313 as it existed prior to 2018.
(2) 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.
For the legislative declaration in SB 18-243, see section 1 of chapter 366, Session Laws of Colorado 2018.