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 44-3-312 - 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.
Renumbered from C.R.S. § 12-47-312 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
Amended by 2016 Ch. 365,§ 10, eff. 7/1/2016.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 986, § 2, effective October 1.
This section is similar to former § 12-47-312 as it existed prior to 2018.