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 44-3-428 - [Effective 8/7/2024] Entertainment facility license - repeal

(1)
an entertainment facility license may be issued to an entertainment facility selling alcohol beverages by the drink only to customers for consumption on the premises. an entertainment facility licensee shall have sandwiches and light snacks available for consumption on the licensed premises during business hours but need not have meals available for consumption.
(2)
(a)
an entertainment facility licensed to sell alcohol beverages as provided in this section shall purchase alcohol beverages only from a wholesaler licensed pursuant to this article 3; except that, during a calendar year, an entertainment facility licensed to sell alcohol beverages as provided in this section may purchase not more than seven 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)
. On January 1, 2025, and each January 1 thereafter, the state licensing authority shall adjust the purchase limitation specified in this subsection (2)(a) for inflation and shall publish the adjusted purchase limitation amount on the liquor enforcement division's website.
(b)
an entertainment facility 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 entertainment facility licensee shall retain the receipt and make it available to the state and local licensing authorities at all times during business hours.
(3)
(a)
Except as provided in subsection (3)(b) of this section, it is unlawful for any owner, part owner, shareholder, or person interested directly or indirectly in entertainment facility licenses 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.
(b)
An owner, part owner, shareholder, or person interested directly or indirectly in an entertainment facility license may have an interest in:
(I)
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
(II)
A financial institution referred to in section
44-3-308 (4)
.
(4)
(a)
(Deleted by amendment, L. 2022.)
(b)
The manager for each licensed entertainment facility, the entertainment facility licensee, or an employee or agent of the entertainment facility licensee shall purchase alcohol beverages for one licensed premises only, and the purchases shall be separate and distinct from purchases for any other licensed entertainment facility.
(c) to (e)
(Deleted by amendment, L. 2022.)
(5)
[Repealed by 2024 Amendment.]
(6)
(a)
On and after the effective date of this subsection (6), the state or a local licensing authority shall not issue or renew any licenses under this section to a lodging facility.
(b)
The state and local licensing authorities shall treat any application submitted on or before the effective date of this section, as amended, by a lodging facility for a lodging and entertainment facility license or renewal license as an application for a lodging facility license or renewal license issued pursuant to section 44-3-432.
(c)
On the effective date of this subsection (6), each lodging and entertainment facility license issued under this section to a lodging facility automatically converts to lodging facility license issued pursuant to section 44-3-432.
(d)
The conversion of an entertainment and lodging license issued to a lodging facility under this section to a lodging facility license under section 44-3-432 pursuant to this subsection (6) is a continuation of the prior license and does not affect:
(I)
Any prior discipline, limitation, or condition imposed by the state licensing authority on a licensee;
(II)
The deadline for renewal of the license; or
(III)
Any pending or future investigation or administrative proceeding.
(e)
This subsection (6) is repealed, effective September 1, 2026.
(7)
(a)
On the effective date of this subsection (7), each lodging and entertainment facility license issued under this section to an entertainment facility automatically converts to an entertainment facility license.
(b)
The state and local licensing authorities shall treat any application submitted on or before the effective date of this section, as amended, by an entertainment facility for a lodging and entertainment facility license or renewal license as an application for an entertainment facility license or renewal license issued pursuant to this section.
(c)
The conversion of a lodging and entertainment facility license issued to an entertainment facility to an entertainment facility license pursuant to this subsection (7) is a continuation of the prior license and does not affect:
(I)
Any prior discipline, limitation, or condition imposed by the state licensing authority on a licensee;
(II)
The deadline for renewal of the license; or
(III)
Any pending or future investigation or administrative proceeding.
(d)
This subsection (7) is repealed, effective September 1, 2026.
Amended by 2024 Ch. 205,§ 27, eff. 8/7/2024.
Amended by 2022 Ch. 426, § 4, eff. 6/7/2022.
Amended by 2019 Ch. 1, § 22, eff. 1/31/2019.
Renumbered from C.R.S. § 12-47-426 and amended by 2018 Ch. 152, § 2, eff. 10/1/2018.
Amended by 2017 Ch. 24, § 3, eff. 8/9/2017.
Added by 2016 Ch. 312, § 2, eff. 8/10/2016.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1031, § 2, effective October 1.
This section is similar to former § 12-47-426 as it existed prior to 2018.
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.