reglab/statecodes huggingface dataset:
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 4 - CLASSES OF LICENSES AND PERMITS (§§ 44-3-401 — 44-3-432) › Section 44-3-420 - [Effective Until 8/7/2024] Racetrack license

(1)
A racetrack licensee may sell alcohol beverages by the drink for consumption on the licensed premises only to customers of the racetrack and shall serve food as well as alcohol beverages.
(2)
(a)
Every person selling alcohol beverages as provided in this section shall purchase the alcohol beverages only from a wholesaler licensed pursuant to this article 3; except that, during a calendar year, a person selling alcohol beverages as provided in this section may purchase not more than two 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)
.
(b)
A racetrack 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.
(3)
If any person holds a valid license pursuant to this article 3 to sell alcohol beverages by the drink for consumption on the licensed premises, the person is not required to obtain a racetrack class license pursuant to this section if simulcast races with pari-mutuel wagering occur on the licensed premises.
(4)
It is unlawful for any owner, part owner, shareholder, or person interested directly or indirectly in a racetrack 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; except that a person licensed under this section may have an interest 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)
.
Amended by 2019 Ch. 1, § 19, eff. 1/31/2019.
Renumbered from C.R.S. § 12-47-418 and amended by 2018 Ch. 152, § 2, eff. 10/1/2018.
Amended by 2016 Ch. 312, § 13, eff. 8/10/2016.
Amended by 2015 Ch. 121, § 16, eff. 4/24/2015.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1023, § 2, effective October 1.
This section is similar to former § 12-47-418 as it existed prior to 2018.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 4 - CLASSES OF LICENSES AND PERMITS (§§ 44-3-401 — 44-3-432) › Section 44-3-421 - Public transportation system license

(1)
The state licensing authority shall issue a public transportation system license to every person operating a public transportation system that sells alcohol beverages by the drink to be served and consumed in or upon any dining, club, or parlor car; plane; bus; or other conveyance of the public transportation system. A public transportation system license issued to a commercial airline authorizes the licensee to sell alcohol beverages by the drink in an airport or airport concourse private club room that is in existence and operated by the licensee on or before April 1, 1995. A public transportation system license issued to a common carrier railroad authorizes the licensee to sell alcohol beverages by the drink at any event not open to the public that is held in a museum owned and operated by the licensee if the licensee notifies the appropriate local law enforcement agency of the event no later than fourteen days prior to the scheduled date of the event.
(2)
It is unlawful for any owner, part owner, shareholder, or person interested directly or indirectly in a public transportation system 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; except that a person licensed under this section may be interested in any other retail license issued pursuant to this article 3 or article
4
of this title 44 or in a financial institution referred to in section
44-3-308(4)
.
Renumbered from C.R.S. § 12-47-419 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1024, § 2, effective October 1.
This section is similar to former § 12-47-419 as it existed prior to 2018.
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 4 - CLASSES OF LICENSES AND PERMITS (§§ 44-3-401 — 44-3-432) › Section 44-3-423 - [Effective Until 8/7/2024] Removal of vinous liquor from licensed premises

(1)
Notwithstanding any provision of this article 3 to the contrary, a licensee described in subsection (2) of this section may permit a customer of the licensee to reseal and remove from the licensed premises one opened container of partially consumed vinous liquor purchased on the premises so long as the originally sealed container did not contain more than seven hundred fifty milliliters of vinous liquor.
(2)
This section applies to a person:
(a)
That is duly licensed as a:
(I)
Manufacturer under section
44-3-402
;
(II)
Limited winery under section
44-3-403
;
(III)
Beer and wine licensee under section
44-3-411
;
(IV)
Hotel and restaurant under section
44-3-413
;
(V)
Tavern under section
44-3-414
;
(VI)
Brew pub under section
44-3-417
;
(VII)
Vintner's restaurant under section
44-3-422
;
(VIII)
Club under section
44-3-418
;
(IX)
Distillery pub under section
44-3-426
; or
(X)
Lodging and entertainment facility under section
44-3-428
; and
(b)
That has meals, as defined in section
44-3-103 (31)
, or sandwiches and light snacks available for consumption on the licensed premises.
Renumbered from C.R.S. § 12-47-421 and amended by 2018 Ch. 152, § 2, eff. 10/1/2018.
Amended by 2018 Ch. 102, § 1, eff. 8/8/2018.
Amended by 2016 Ch. 312, § 15, eff. 8/10/2016.
Amended by 2015 Ch. 84, § 1, eff. 8/5/2015.
Amended by 2015 Ch. 121, § 18, eff. 4/24/2015.
L. 2018: (2)(b) amended, (SB 18-173), ch. 102, p. 780, § 1, effective August 8; entire article added with relocations, (HB 18-1025), ch. 152, p. 1026, § 2, effective October 1.
(1) This section is similar to former § 12-47-421 as it existed prior to 2018.
(2) Subsection (2)(b) of this section was numbered as § 12-47-421(2)(b) in SB 18-173. That provision was harmonized with and relocated to this section as this section appears in HB 18-1025.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 4 - CLASSES OF LICENSES AND PERMITS (§§ 44-3-401 — 44-3-432) › Section 44-3-423 - [Effective 8/7/2024] Removal of vinous liquor from licensed premises

(1)
Notwithstanding any provision of this article 3 to the contrary, a licensee described in subsection (2) of this section may permit a customer of the licensee to reseal and remove from the licensed premises one opened container of partially consumed vinous liquor purchased on the premises so long as the originally sealed container did not contain more than seven hundred fifty milliliters of vinous liquor.
(2)
This section applies to a person:
(a)
That is duly licensed as a:
(I)
Manufacturer under section
44-3-402
;
(II)
Limited winery under section
44-3-403
;
(III)
Beer and wine licensee under section
44-3-411
;
(IV)
Hotel and restaurant under section
44-3-413
;
(V)
Tavern under section
44-3-414
;
(VI)
Brew pub under section
44-3-417
;
(VII)
Vintner's restaurant under section
44-3-422
;
(VIII)
Club under section
44-3-418
;
(IX)
Distillery pub under section
44-3-426
; or
(X)
Entertainment facility under section
44-3-428
; and
(XI)
A lodging facility under section 44-3-432; and
(b)
That has meals, as defined in section
44-3-103 (31)
, or sandwiches and light snacks available for consumption on the licensed premises.
Amended by 2024 Ch. 205,§ 24, eff. 8/7/2024.
Renumbered from C.R.S. § 12-47-421 and amended by 2018 Ch. 152, § 2, eff. 10/1/2018.
Amended by 2018 Ch. 102, § 1, eff. 8/8/2018.
Amended by 2016 Ch. 312, § 15, eff. 8/10/2016.
Amended by 2015 Ch. 84, § 1, eff. 8/5/2015.
Amended by 2015 Ch. 121, § 18, eff. 4/24/2015.
L. 2018: (2)(b) amended, (SB 18-173), ch. 102, p. 780, § 1, effective August 8; entire article added with relocations, (HB 18-1025), ch. 152, p. 1026, § 2, effective October 1.
(1) This section is similar to former § 12-47-421 as it existed prior to 2018.
(2) Subsection (2)(b) of this section was numbered as § 12-47-421(2)(b) in SB 18-173. That provision was harmonized with and relocated to this section as this section appears in HB 18-1025.
2024 Ch. 205, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 4 - CLASSES OF LICENSES AND PERMITS (§§ 44-3-401 — 44-3-432) › Section 44-3-425 - Wine packaging permit - limitations - rules

(1)
(a)
The state licensing authority may issue a wine packaging permit to a winery licensed under section
44-3-402
, a limited winery licensed under section
44-3-403
, or a wholesaler licensed under section
44-3-407
that allows the licensed winery, limited winery, or wholesaler to package tax-paid wine manufactured by another winery or manufacturer.
(b)
A licensed winery, limited winery, or wholesaler that obtains a wine packaging permit under this section shall:
(I)
Take possession and custody of the tax-paid wine that it packages; and
(II)
Return the packaged tax-paid wine either to the original manufacturer of the tax-paid wine or to the original manufacturer's licensed wholesaler; except that, if the original manufacturer's wholesaler obtains a wine packaging permit pursuant to this section, the wholesaler need not return the packaged tax-paid wine to the original manufacturer.
(2)
A licensed winery or limited winery that obtains a wine packaging permit pursuant to this section shall not sell or distribute tax-paid wine it packages:
(a)
To a person licensed to sell alcohol beverages at retail, for consumption on or off the licensed premises, under section
44-3-409
,
44-3-410
,
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
,
44-3-424
,
44-3-426
, or
44-3-428
; or
(b)
Directly to a consumer.
(3)
The state licensing authority may adopt rules as necessary to implement and administer this section.
Renumbered from C.R.S. § 12-47-423 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
Amended by 2016 Ch. 312,§ 17, eff. 8/10/2016.
Amended by 2015 Ch. 121,§ 20, eff. 4/24/2015.
Added by 2014 Ch. 148,§ 3, eff. 5/9/2014.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1028, § 2, effective October 1.
This section is similar to former § 12-47-423 as it existed prior to 2018.
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 4 - CLASSES OF LICENSES AND PERMITS (§§ 44-3-401 — 44-3-432) › Section 44-3-427 - Liquor-licensed drugstore manager's permit

(1)
The state licensing authority may issue a manager's permit to an individual who is employed by a liquor-licensed drugstore licensed under section
44-3-410
and who will be in actual control of the liquor-licensed drugstore's alcohol beverage operations.
(2)
An individual seeking a manager's permit shall apply to the state licensing authority in the form and manner required by the state licensing authority. To obtain a manager's permit, the individual must demonstrate that he or she:
(a)
Has not been convicted of a crime involving the sale or distribution of alcohol beverages within the eight years immediately preceding the date on which the application is submitted;
(b)
Has not been convicted of any felony within the five years immediately preceding the date on which the application is submitted; except that in considering the conviction of a felony, the state licensing authority is governed by section
24-5-101
;
(c)
Is at least twenty-one years of age; and
(d)
Has not had a manager's permit or any similar permit issued by the state, a local jurisdiction, or another state or foreign jurisdiction revoked by the issuing authority within the three years immediately preceding the date on which the application is submitted.
(3)
It is unlawful for an individual who has a manager's permit issued under this section to be interested directly or indirectly in:
(a)
A wholesaler licensed pursuant to section
44-3-407
;
(b)
A limited winery licensed pursuant to section
44-3-403
;
(c)
An importer licensed pursuant to section
44-3-405
;
(d)
A manufacturer licensed pursuant to section
44-3-402
or
44-3-406
; or
(e)
Any business licensed under this article 3 that has had its license revoked by the state licensing authority within the eight years immediately preceding the date on which the individual applies for a manager's permit under this section.
(4)
In recognition of the state's flourishing local breweries, wineries, and distilleries that locally produce high-quality malt, vinous, and spirituous liquors, managers of liquor-licensed drugstores are encouraged to purchase and promote locally produced alcohol beverage products in their liquor-licensed drugstores.
Renumbered from C.R.S. § 12-47-425 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
Added by 2016 Ch. 365,§ 2, eff. 7/1/2016.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1030, § 2, effective October 1.
This section is similar to former § 12-47-425 as it existed prior to 2018.
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 4 - CLASSES OF LICENSES AND PERMITS (§§ 44-3-401 — 44-3-432) › Section 44-3-430 - [Effective 8/7/2024] Alcohol beverage shipper license for wine direct shipping - rules - notice to revisor of statutes

(1)
The state licensing authority may issue an alcohol beverage shipper license to an alcohol beverage shipper that ships vinous liquors for a licensed winery that holds a winery direct shipper's permit pursuant to section 44-3-104.
(2)
A driver delivering on behalf of an alcohol beverage shipper license shall not leave a package unattended on a doorstep and shall check the recipient's identification to ensure that the individual accepting delivery is the individual intended to receive the product and is not under twenty-one years of age or visibly intoxicated.
(3)
If an alcohol beverage shipper violates this section, the state licensing authority shall bring action against the alcohol beverage shipper's license.
(4)
The state licensing authority shall adopt rules necessary to administer and enforce this section.
(5)
This section takes effect if the state licensing authority determines that the liquor enforcement division has sufficient legally available funding for the administration and enforcement of this section. The state licensing authority shall notify the revisor of statutes in writing of the date when the condition specified in this subsection (5) has occurred by E-mailing the notice to revisorofstatutes.ga@coleg.gov. This section takes effect upon the date identified in the notice that the liquor enforcement division has sufficient legally available funding for the administration and enforcement of this section or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.
Added by 2024 Ch. 205,§ 29, eff. 8/7/2024.
2024 Ch. 205, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 4 - CLASSES OF LICENSES AND PERMITS (§§ 44-3-401 — 44-3-432) › Section 44-3-431 - [Effective 8/7/2024] Catering license - permitted events - private events - fees - rules - notice to revisor of statutes

(1)
The state licensing authority may issue a catering license to a catering company that allows the catering licensee to apply for temporary permits to sell and serve alcohol beverages on unlicensed premises at catered events. The catering license is valid for one calendar year and renewed on an annual basis.
(2)
(a)
The state licensing authority shall establish a process for a catering licensee to obtain a permit to cater an event that may be attended by six hundred or more individuals. the state licensing authority may establish a process for a catering licensee to obtain a permit to cater an event that may be attended by fewer than six hundred individuals.
(b)
A local licensing authority may establish a process for a catering licensee to obtain a permit to cater an event that may be attended by six hundred or more individuals. If a local licensing authority does not establish a local catering permit, an applicant need not obtain a catering permit from the local licensing authority.
(3)
The state licensing authority shall establish and maintain, on the liquor enforcement division's public-facing website, a listing of all catering licenses in the state. A catering licensee shall submit information required by the state licensing authority in rule.
(4)
A catering licensee shall not permit an individual who is eighteen years of age or older and under twenty-one years of age to sell, dispense, or participate in the sale or dispensing of an alcohol beverage, unless the individual is supervised by another individual who is on the unlicensed premises and is twenty-one years of age or older.
(5)
The state licensing authority may adopt rules necessary to implement and administer this section.
(6)
This section takes effect if the state licensing authority determines that the liquor enforcement division has sufficient legally available funding for the administration and enforcement of this section. The state licensing authority shall notify the revisor of statutes in writing of the date when the condition specified in this subsection (6) has occurred by E-mailing the notice to revisorofstatutes.ga@coleg.gov. This section takes effect upon the date identified in the notice that the liquor enforcement division has sufficient legally available funding for the administration and enforcement of this section or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.
Added by 2024 Ch. 205,§ 29, eff. 8/7/2024.
2024 Ch. 205, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 5 - LICENSE FEES AND EXCISE TAXES (§§ 44-3-501 — 44-3-505) › Section 44-3-502 - Fees and taxes - allocation

(1)
(a)
All state license fees and taxes provided for by this article 3 and all fees provided for by section
44-3-501(3) and (4)
for processing applications, reports, and notices shall be paid to the department, which shall transmit the fees and taxes to the state treasurer. The state treasurer shall credit eighty-five percent of the fees and taxes to the old age pension fund and the balance to the general fund.
(b)
An amount equal to the revenues attributable to fifty dollars of each state license fee provided for by this article 3 and the processing fees provided for by section
44-3-501(3) and (4)
for processing applications, reports, and notices shall be transferred out of the general fund to the liquor enforcement division and state licensing authority cash fund. The transfer shall be made by the state treasurer as soon as possible after the twentieth day of the month following the payment of such fees.
(c)
The expenditures of the state licensing authority and the liquor enforcement division shall be paid out of appropriations from the liquor enforcement division and state licensing authority cash fund as provided in section
44-6-101
.
(2)
Eighty-five percent of the local license fees shall be paid to the department, which shall transmit the fees to the state treasurer to be credited to the old age pension fund.
Renumbered from C.R.S. § 12-47-502 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
Amended by 2018 Ch. 24,§ 5, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1037, § 2, effective October 1; (1)(c) amended, (HB 18-1026), ch. 24, p. 281, § 5, effective October 1.
(1) This section is similar to former § 12-47-502 as it existed prior to 2018.
(2) Subsection (1)(c) of this section was numbered as § 12-47-502(1)(c) in HB 18-1026. That provision was harmonized with and relocated to this section as this section appears in HB 18-1025.
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 7 - INSPECTION OF BOOKS AND RECORDS (§ 44-3-701) › Section 44-3-701 - Inspection procedures

Each licensee shall keep a complete set of books of account, invoices, copies of orders, shipping instructions, bills of lading, weigh bills, correspondence, and all other records necessary to show fully the business transactions of such licensee, all of which shall be open at all times during business hours for the inspection and examination of the state licensing authority or its duly authorized representatives. The state licensing authority may require any licensee to furnish such information as it considers necessary for the proper administration of this article 3, and may require an audit to be made of the books of account and records on any occasions as it may consider necessary by an auditor to be selected by the state licensing authority, who shall likewise have access to all books and records of the licensee, and the expense thereof shall be paid by the licensee.
Renumbered from C.R.S. § 12-47-701 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1047, § 2, effective October 1.
This section is similar to former § 12-47-701 as it existed prior to 2018.
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 8 - JUDICIAL REVIEW AND CIVIL LIABILITY (§§ 44-3-801 — 44-3-802) › Section 44-3-802 - Judicial review

Any person applying to the courts for a review of the state or any local licensing authority's decision shall apply for review within thirty days after the date of decision of refusal by a local licensing authority or, in the case of approval by a local licensing authority, within thirty days after the date of decision by the state licensing authority and shall be required to pay the cost of preparing a transcript of proceedings before the licensing authority when a transcript is demanded by the person taking the appeal or when a transcript is furnished by the licensing authority pursuant to court order.
Renumbered from C.R.S. § 12-47-802 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1049, § 2, effective October 1.
This section is similar to former § 12-47-802 as it existed prior to 2018.
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 9 - UNLAWFUL ACTS - ENFORCEMENT (§§ 44-3-901 — 44-3-912) › Section 44-3-904 - Violations - penalties

(1)
(a)
Except as provided in subsections (2), (3), and (4) of this section, any person violating any of the provisions of this article 3 or article 4 or 5 of this title 44 or any of the rules authorized and adopted pursuant to such articles commits a civil infraction.
(b)
The penalties provided in this section shall not be affected by the penalties provided in any other section of this article 3 or article 4 or 5 of this title 44 but shall be construed to be in addition to any other penalties.
(2)
Any person violating any of the provisions of section
44-3-901 (1)(a), (1)(g), (1)(h), (1)(j), (1)(l), (1)(m), (6)(a)(I), or (6)(b)
or section
44-3-903
commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
.
(3)
A person violating the provisions of section
44-3-901 (1)(b)
commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
.
(4)
Any person violating any of the provisions of section
44-3-901 (1)(c) or (1)(d)
commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
. For the second conviction and for all subsequent convictions of violating the provisions of section
44-3-901 (1)(c) or (1)(d)
, the court shall impose at least the minimum fine and shall have no discretion to suspend any fine so imposed; except that the court may provide for the payment of such fine as provided in subsection (5) of this section.
(5)
At the discretion of the court, the fines provided for violations of section
44-3-901 (1)(c) and (1)(d)
may be ordered to be paid by public work only at a reasonable hourly rate to be established by the court, who shall designate the time within which the public work is to be completed.
(6)
Any person who knowingly violates the provisions of section
44-3-901 (1)(b), (1)(e), or (1)(l)
or any person who knowingly induces, aids, or encourages a person under the age of eighteen years to violate the provisions of section
44-3-901 (1)(b), (1)(c), or (1)(d)
may be proceeded against pursuant to section
18-6-701
for contributing to the delinquency of a minor.
Amended by 2021 Ch. 462, § 784, eff. 3/1/2022.
Renumbered from C.R.S. § 12-47-903 and amended by 2018 Ch. 152, § 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 1061, p. 1061, § 2, effective October 1. L. 2021: (1)(a) and (3) amended, (SB 21-271), ch. 3327, p. 3327, § 784, effective 3/1/2022.
(1) This section is similar to former § 12-47-903 as it existed prior to 2018.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 9 - UNLAWFUL ACTS - ENFORCEMENT (§§ 44-3-901 — 44-3-912) › Section 44-3-905 - Duties of inspectors and police officers

(1)
The inspectors of the liquor enforcement division and their supervisors, while actually engaged in performing their duties and while acting under proper orders or regulations, shall have and exercise all the powers vested in peace officers of this state. In the exercise of their duties, the inspectors and their supervisors shall have the power to arrest. The inspectors and their supervisors shall also have the authority to issue summonses for violations of the provisions of this article 3 and articles
4
and 5 of this title 44.
(2)
It is the duty of all sheriffs and police officers to enforce the provisions of this article 3 and articles 4 and
5
of this title 44 and the rules made pursuant to said articles and to arrest and complain against any person violating any of the provisions of this article 3 or rules pertaining thereto. It is the duty of the district attorney of the respective judicial districts of this state to prosecute all violations of said articles in the manner and form as is now provided by law for the prosecution of crimes and misdemeanors, and it is a violation of said articles for any such person, knowingly, to fail to perform any duties pursuant to this section.
Renumbered from C.R.S. § 12-47-904 and amended by 2018 Ch. 152, § 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1062, § 2, effective October 1.
This section is similar to former § 12-47-904 as it existed prior to 2018.
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 9 - UNLAWFUL ACTS - ENFORCEMENT (§§ 44-3-901 — 44-3-912) › Section 44-3-906 - Warrants - searches and seizures

(1)
If any person makes an affidavit before the judge of any county or district court stating that he or she has reason to and does believe that alcohol beverages are being sold, bartered, exchanged, divided, or unlawfully given away, or kept for such purposes, or carried in violation of this article 3 and article
4
of this title 44 within the jurisdiction of such court, and describing in the affidavit the premises, wagon, automobile, truck, vehicle, contrivance, thing, or device to be searched, the judge of the court shall issue a warrant to any officer, which the complainant may designate, having power to serve original process commanding the officer to search the premises (other than a home), wagon, automobile, truck, vehicle, contrivance, thing, or device described in the affidavit.
(2)
The warrant shall be substantially as follows:
STATE OF COLORADO
)
)
ss.
County of .....................................
)
The People of the State of Colorado to..........................................................
Greeting:
Whereas, there has been filed with the undersigned an affidavit of which the following is a copy:
(Here copy of affidavit)
Therefore you are hereby commanded, in the name of the people of the State of Colorado, forthwith, together with the necessary and proper assistance to enter into
(Here describe place mentioned in the affidavit)
of the said ........ situated in the county of ........ aforesaid and there diligently search for the said alcohol beverages and that you bring the same or any part thereof found in such search, together with such vessels in which such beverages are found and the implements and furniture used in connection therewith, and the wagon, automobile, truck, vehicle, contrivance, thing, or device in which carried, forthwith before me, to be disposed of and dealt with according to law.
Given under my hand and seal this ........ day of ........, ...... ............................................
Judge of the ................ Court
(3)
The officer charged with the execution of the warrant, when necessary to obtain entrance or when entrance has been refused, may break open any premises (other than a home), wagon, automobile, truck, vehicle, contrivance, thing, or device that by said warrant the officer is directed to search and may execute said warrant any hour of the day or night.
Renumbered from C.R.S. § 12-47-905 and amended by 2018 Ch. 152, § 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1063, § 2, effective October 1.
This section is similar to former § 12-47-905 as it existed prior to 2018.
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 9 - UNLAWFUL ACTS - ENFORCEMENT (§§ 44-3-901 — 44-3-912) › Section 44-3-908 - Loss of property rights

There shall be no property rights of any kind in any alcohol beverages, vessels, appliances, fixtures, bars, furniture, implements, wagons, automobiles, trucks, vehicles, contrivances, or any other things or devices used in or kept for the purpose of violating any of the provisions of this article 3 or article
4
of this title 44.
Renumbered from C.R.S. § 12-47-907 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1065, § 2, effective October 1.
This section is similar to former § 12-47-907 as it existed prior to 2018.
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 9 - UNLAWFUL ACTS - ENFORCEMENT (§§ 44-3-901 — 44-3-912) › Section 44-3-909 - Colorado state fair - common consumption area - national western center - consumption on premises

(1)
Notwithstanding any other provision of this article 3, a person who purchases an alcohol beverage for consumption from a vendor licensed under this article 3 that is either attached to a common consumption area or licensed for the fairgrounds of the Colorado state fair authority may leave the licensed premises with the alcohol beverage and possess and consume the alcohol beverage at any place within the common consumption area or fairgrounds if the person does not remove the alcohol beverage from the common consumption area or fairgrounds. This subsection (1) does not authorize a person to bring into the common consumption area or fairgrounds an alcohol beverage purchased outside of the common consumption area or fairgrounds.
(2)
When and where specifically authorized by an ordinance adopted by the city and county of Denver and notwithstanding any other provision of this article 3, a person who purchases an alcohol beverage for consumption from a vendor licensed under this article 3 for the national western center may leave the licensed premises with the alcohol beverage and possess and consume the alcohol beverage at any place within the national western center if the person does not remove the alcohol beverage from the national western center. This subsection (2) does not authorize a person to bring into the national western center an alcohol beverage purchased outside the national western center.
Amended by 2019 Ch. 307,§ 2, eff. 8/2/2019.
Renumbered from C.R.S. § 12-47-908 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1065, § 2, effective October 1.
This section is similar to former § 12-47-908 as it existed prior to 2018.
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 9 - UNLAWFUL ACTS - ENFORCEMENT (§§ 44-3-901 — 44-3-912) › Section 44-3-910 - Common consumption areas

(1)
A promotional association or attached licensed premises shall not:
(a)
Employ a person to serve alcohol beverages or provide security within the common consumption area unless the server has completed the server and seller training program established by the director of the liquor enforcement division of the department;
(b)
Sell or provide an alcohol beverage to a customer for consumption within the common consumption area but not within the licensed premises in a container that is larger than sixteen ounces;
(c)
Sell or provide an alcohol beverage to a customer for consumption within the common consumption area but not within the licensed premises unless the container is disposable and contains the name of the vendor in at least twenty-four-point font;
(d)
Permit customers to leave the licensed premises with an alcohol beverage unless the beverage container complies with subsections (1)(b) and (1)(c) of this section;
(e)
Operate the common consumption area during hours the licensed premises cannot sell alcohol under this article 3 or the limitations imposed by the local licensing authority;
(f)
Operate the common consumption area in an area that exceeds the maximum authorized by this article 3 or by the local licensing authority;
(g)
Sell, serve, dispose of, exchange, or deliver, or permit the sale, serving, giving, or procuring of, an alcohol beverage to a visibly intoxicated person or to a known habitual drunkard;
(h)
Sell, serve, dispose of, exchange, or deliver, or permit the sale, serving, or giving of an alcohol beverage to a person under twenty-one years of age; or
(i)
Permit a visibly intoxicated person to loiter within the common consumption area.
(2)
The promotional association shall promptly remove all alcohol beverages from the common consumption area at the end of the hours of operation.
(3)
A person shall not consume an alcohol beverage within the common consumption area unless it was purchased from an attached, licensed premises.
(4)
This section does not apply to a special event permit issued under article
5
of this title 44 or the holder thereof unless the permit holder desires to use an existing common consumption area and agrees in writing to the requirements of this article 3 and the local licensing authority concerning the common consumption area.
Renumbered from C.R.S. § 12-47-909 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1065, § 2, effective October 1.
This section is similar to former § 12-47-909 as it existed prior to 2018.
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 9 - UNLAWFUL ACTS - ENFORCEMENT (§§ 44-3-901 — 44-3-912) › Section 44-3-912 - Communal outdoor dining areas - permit required - rules

(1)
Notwithstanding any other provision of this article 3 or article
4
of this title 44 and subject to the approval of the state and local licensing authorities, a communal outdoor dining area may be shared by two or more persons licensed for on-premises consumption, including an approved sales room, under this article 3 or article
4
of this title 44.
(2)
A licensee shall not sell or serve alcohol beverages in a communal outdoor dining area unless:
(a)
The licensee obtains a permit from the state licensing authority and pays the permitting fee established by rule; and
(b)
The state and local licensing authorities have first approved:
(I)
Attaching the license to the communal outdoor dining area; and
(II)
A modification of the licensed premises of each attached licensee to include the communal outdoor dining area.
(3)
This section does not apply to a special event permit issued under article
5
of this title 44 or the holder of the permit unless the permit holder holds a special event at an existing communal outdoor dining area and agrees in writing to the requirements of this article 3 for and the local licensing authority for the communal outdoor dining area.
(4)
To be approved, a communal outdoor dining area must be within one thousand feet of the permanent licensed premises of each of the licenses attached to the communal outdoor dining area. This distance must be computed by direct measurement, using a route of direct pedestrian access, from the nearest property line of the land used for the communal outdoor dining area to the nearest portion of the building where the permanent licensed premises is located.
(5)
If a violation of this article 3 or article
4
of this title 44 occurs within a communal outdoor dining area and the licensee responsible for the violation can be identified, that licensee is subject to discipline as set forth in section
44-3-601
. If the licensee responsible for the violation cannot be identified, each attached licensee is deemed jointly responsible and subject to discipline for the violation.
(6)
The state licensing authority shall promulgate rules governing communal outdoor dining areas, including rules governing:
(a)
Applications;
(b)
Modification of the licensed premises to include a communal outdoor dining area;
(c)
Supervision and control of the communal outdoor dining area by the attached licensees;
(d)
Submission to and approval of security and control plans by the state and local licensing authorities;
(e)
Removal of alcohol beverages from the communal outdoor dining area;
(f)
Special events held within a communal outdoor dining area; and
(g)
Insurance requirements.
Added by 2021 Ch. 290,§3, eff. 6/22/2021.
L. 2021: Entire section added, (HB 21-1027), ch. 1715, p. 1715, § 3, effective June 22.
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 10 - RESPONSIBLE ALCOHOL BEVERAGE VENDOR ACT (§§ 44-3-1001 — 44-3-1002) › Section 44-3-1001 - Short title

The short title of this part 10 is the "Responsible Alcohol Beverage Vendor Act".
Renumbered from C.R.S. § 12-47-1001 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1066, § 2, effective October 1.
This section is similar to former § 12-47-1001 as it existed prior to 2018.
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 10 - RESPONSIBLE ALCOHOL BEVERAGE VENDOR ACT (§§ 44-3-1001 — 44-3-1002) › Section 44-3-1002 - Responsible vendors - standards

(1)
To be a responsible alcohol beverage vendor, a vendor shall comply with the server and seller training program established by the director of the liquor enforcement division of the department.
(2)
The director of the liquor enforcement division shall set standards for compliance with the server and seller training program. When creating standards, the director shall consider input from local and state government, the alcohol beverage industry, and any other state or national seller and server programs.
Renumbered from C.R.S. § 12-47-1002 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1066, § 2, effective October 1.
This section is similar to former § 12-47-1002 as it existed prior to 2018.
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 4 - FERMENTED MALT BEVERAGES AND WINE (§§ 44-4-101 — 44-4-109) › Section 44-4-101 - Short title

The short title of this article 4 is the "Colorado Beer and Wine Code".
Amended by 2022 Ballot Proposition 125, passed by voters in 11/8/2020 election, effective 3/1/2023.
Renumbered from C.R.S. § 12-46-101 and amended by 2018 Ch. 152, § 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1067, § 2, effective October 1.
This section is similar to former § 12-46-101 as it existed prior to 2018.
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 4 - FERMENTED MALT BEVERAGES AND WINE (§§ 44-4-101 — 44-4-109) › Section 44-4-102 - Legislative declaration

(1)
The general assembly hereby declares that it is in the public interest that fermented malt beverages and wine for consumption off the premises of the licensee, fermented malt beverages for consumption on the premises of the licensee, and fermented malt beverages for consumption both on and off the premises of the licensee shall be sold at retail only by persons licensed as provided in this title 44. The general assembly further declares that it is lawful to sell fermented malt beverages and wine at retail subject to this article 4 and applicable provisions of articles
3
and
5
of this title 44.
(2)
The general assembly further recognizes that fermented malt beverages and malt liquors are separate and distinct from, and have a unique regulatory history in relation to, vinous and spirituous liquors; however, maintaining a separate regulatory framework and licensing structure for fermented malt beverages and fermented malt beverages and wine under this article 4 is no longer necessary except at the retail level. Furthermore, to aid administrative efficiency, article
3
of this title 44 applies to the regulation of fermented malt beverages and fermented malt beverages and wine, except when otherwise expressly provided for in this article 4.
Amended by 2022 Ballot Proposition 125, passed by voters in 11/8/2020 election, effective 3/1/2023.
Amended by 2019 Ch. 1, § 1, eff. 1/31/2019.
Renumbered from C.R.S. § 12-46-102 and amended by 2018 Ch. 152, § 2, eff. 10/1/2018.
Amended by 2016 Ch. 365, § 3, eff. 1/1/2019.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1067, § 2, effective October 1.
This section is similar to former § 12-46-102 as it existed prior to 2018.
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 4 - FERMENTED MALT BEVERAGES AND WINE (§§ 44-4-101 — 44-4-109) › Section 44-4-103 - Definitions

Definitions applicable to this article 4 also appear in article
3
of this title 44. As used in this article 4, unless the context otherwise requires:
(1)
(a)
"Fermented malt beverage" means malt liquors, when purchased by a fermented malt beverage retailer from a wholesaler licensed pursuant to article
3
of this title 44; or when sold by a fermented malt beverage retailer to consumers or to persons licensed under section
44-3-411
,
44-3-413
,
44-3-414
,
44-3-416
to
44-3-420
,
44-3-422
,
44-3-426
, or
44-3-428
.
(b)
"Fermented malt beverage" does not include confectionery containing alcohol within the limits prescribed by section
25-5-410 (1)(i)(II)
.
(2)
"License" means a grant to a licensee to sell fermented malt beverages or fermented malt beverages and wine at retail as provided by this article 4.
(3)
"Licensed premises" means the premises specified in an application for a license under this article 4 that are owned or in possession of the licensee and within which the licensee is authorized to sell, dispense, or serve fermented malt beverages or fermented malt beverages and wine in accordance with the provisions of this article 4.
(4)
"Local licensing authority" means the governing body of a municipality or city and county, the board of county commissioners of a county, or any authority designated by municipal or county charter, municipal ordinance, or county resolution.
(5)
Repealed.
(6)
"State licensing authority" means the executive director or the deputy director of the department if the executive director so designates.
(7)
"Wine" means vinous liquors, as defined in section
44-3-103 (59)
, when purchased by a fermented malt beverage and wine retailer from a wholesaler licensed pursuant to article
3
of this title 44.
Amended by 2022 Ballot Proposition 125, passed by voters in 11/8/2020 election, effective 3/1/2023.
Amended by 2019 Ch. 1, § 2, eff. 1/31/2019.
Renumbered from C.R.S. § 12-46-103 and amended by 2018 Ch. 152, § 2, eff. 10/1/2018.
Amended by 2016 Ch. 365, § 4, eff. 1/1/2019.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1067, § 2, effective October 1.
This section is similar to former § 12-46-103 as it existed prior to 2018.