HomeMy WebLinkAbout971900.tiffDEPARTMENT -OF REVENUE -
FOR INTRA-DEPARTMENTAL Q9RRESPONDENCE
TO: All Local Licensing Authorities T ., -,. .- DATE: June 27, 1997
FROM: Matt D. Cook, Licensing Administrator
SUBJECT: LLCO & CORP Report of Changes Forms
Earlier this month the Division mailed you the revised forms, to be used effective July 1,
1997. Enclosed are LLCO and Corporate Report of Changes forms which were
inadvertently omitted from the previous mailing. Please note that there is a $100 fee (per
person) background investigation fee for new persons when the are added .to an existing
licensee ONLY, which may only be charged by the local or state authority who first
performs the background investigation (both authorities may NOT charge the fee). Copies
of this form are acceptable. The Division would again like to thank you for you patience
during this period of transition.
pkDa
971900
LIQUOR ENFORCEMENT DIVISION
Department of Revenue
Business Location
1881 Pierce Street • Lakewood, Colorado 80214
Phone 303.205.2300
FAX 303.205.2341
Mailing Address
Liquor Enforcement Division • Denver, Colorado 80261
June 16, 1997
o:, ATE OF COLORADO
TO: All Local Licensing Authorities
FR: Colorado Liquor Enforcement Division
RE: Correctedprice on DR 8404 DR 8442
Upon reviewing forms an error was detected on form DR 8404
first page. The new price was excluded please note. Section C
Optional Premises was raised from $50.00 each to $100.00 each.
Form DR 8442 section C Modify Premises from $75.00 to $100.00 each.
Optional Premises from $50.00 to $75.00.
Hopefully these are the only corrections to be made. As soon as we
receive the forms back from printer we will forward the corrected forms
to all area locals. We will try and get these forms out by first or second
week of July.
Thank you for your patience.
Roy Romer
Governor
Renny Fagan
Executive Director
David C. Reitz
Division Director
DR 8481 (07/96)
-STATE OF COLORADO
LIQUOR ENFORCEMENT DIVISION
Department of Revenue
Business Location --
1881 Pierce Street • Lakewood, Colorado 80214
Phone 303.205.2300
FAX 303.205.2341
t C.
r J
TO
Mailing Address
Liquor Enforcement Division • Denver, Colorado 80261
June 3, 1997
TO:
FROM:
SUBJECT:
All Local Licensing Authorities
MAC —
Matt D. Cook, Licensing Administrator,
Colorado Liquor Enforcement Division
,ing SID
or
New Applications - License Fees - Recodification
- Substantive Changes to Liquor and Beer Codes
Roy Romer
Governor
Renny Fagan
Executive Director
David C. Reitz
Division Director
There were several changes as a result of this years legislative session. During the past
few years, several Liquor and Beer Code users expressed a need to reorganize the
Liquor and Beer Codes. The Division impanelled 40 persons, representing all segments
of the liquor and beer industry, the legal profession, and local and state government and
made recommendations to the legislature concerning recodification, fee increases, and
substantive changes to the codes. FIB 1076 was subsequently introduced and passed.
The printing and distribution of the new code is done by another State Agency, Central
Stores, who can be reached at (303) 321-4164. The new codes should be available
around July 1, 1997. Attached are copies of the new fee schedules, statutory and
regulatory cross references, and a brief summary of changes. Please note that the new
fees affect all applications received by the Department of Revenue on or after
July 1, 1997. A temporary application supply with the new fees and an explanation of the
changes are also enclosed. Please destroy the old applications and use only the new
forms. Zerox copies of the new application forms containing an original signature,
are acceptable.
Please feel free to copy and distribute these materials as you deem appropriate. The
Division appreciates your continued support. As always, should you have questions,
please call us at your earliest opportunity at (303) 205-2300.
l'� , &9 .5'O
DR 8481 (07/96)
License Fee Changes Page 2
SUMMARY OF LIQUOR AND BEER CODES - SUBSTANTIVE CHANGES
12-46-103 - 12-47-103 Amended definitions
Added federal standard of "Volume" to definitions of both repeal and 3.2%
fermented malt beverages.
12-47-103(30.5) Defines "School"
"School" means a public, parochial, or nonpublic school that provides a
basic academic education in compliance with school attendance laws for
students in grades one through twelve. "Basic Academic Education" has the
same meaning as set forth in section 22-33-104(2)(b).
12-47-107 Permitted Acts. Multiple class license ownership - exemption.
Any person who has an interest in a liquor license may also be listed as an
officer or director on a license owned by a municipality or governmental
entity if such person does not individually manage or receive any direct
financial benefit from the operation of such license.
12-47-301(6)
Allows Licensees at facilities owned by a municipality, County, or special
district, to possess and serve for on -premises consumption, both repeal
and 3.2 fermented malt beverages. May not serve both products at the
same time.
12-47-302
Deleted Temporary licenses. Allows payment of a non refundable late
application fee ($500.00) and appropriate license fees to both licensing
authorities if filed within 90 days of license expiration date, to renew expired
license. Licensee may not sell or possess for sale any alcohol beverage
until all licenses have been obtained.
12-47-303(4)
Established that temporary permits are valid until permanent annual license
application is DENIED and provides that the local licensing authority shall
have 5 days to issue/deny a temporary permit to an applicant.
12-47-307(1) (a) (VII)
Requires "natural persons" to be at least 21 years of age to hold a 3.2 or
liquor license.
12-47-129(10)
Deleted ability of a 50 member group of retailers to obtain a wholesale
license. (Repealed)
12-47-313(1)(d)(I I I)
Distance restrictions amended. Now applies to all classes of liquor licenses
at discretion of local licensing authority. NOTE: 3.2% beer licenses have no
distance restrictions.
License Fee Changes Page 3
12-47-501
State OR Local Authority may charge corporate and limited liability
applicants changing ownership structure up to $100.00 for the cost of each
background investigation per person. This fee may be collected by the
authority who first does the background investigation. The fee may not be
charged by both licensing authorities.
12-47-505(1)
Raised all on premises license fees (local) by $175.00 maximum.
12-47-505(4)(a)
Raised application fees for new and transfer of ownership. Fee not to
exceed $500.00 each.
12-47-505(5)
Local licensing authority may charge corporate or limited liability applicants
changing ownership structure a fee not to exceed $100.00 for the cost of
each background investigation per person. This fee may not be collected
if the state licensing authority first performs the background investigation
(state issued licenses and master files). The fee may only be charged by
one authority.
12-47-901(5)(a)(II)(A)
Extended time frame for licensees to turn over confiscated I.D's to local or
STATE law enforcement agency within 72 hours.
12-47-901(5)(b)(II)
Deleted all extended hours licenses and changed hours of operation for ALL
on premises establishments to 7:00 am - 2:00 am seven days per week.
12-47-901(5)0)
Amended requirement for an on -premises licensee to have malt liquors in
both sealed containers and on tap when an exterior sign advertises a
particular brand. Amendment allows advertised product to be sold on draft
OR in sealed containers.
FEE SCHEDULE -AFFECTS ALL APPLICATIONS RECEIVED BY THE STATE ON OR
AFTER 07/01/97.
Subpoena Testimony - $150 for first 4 hours of appearance or on -call or travel time to
court, and mileage, meals and lodging at state employee per diem rates. Actual hourly
rate for all hours in excess of four (04).
Copy Costs - $1.25 per page.
LICENSE, PERMIT AND APPLICATION FEES
IF THE LICENSE OR PERMIT IS: AND IS LOCATED IN THEN FEES ARE
Local State
Hotel and Restaurant
+/- Opt. Prms
Tavern
Racetrack
Optional Premises
New Manager Registration fee
Arts
Club
Special Events Permit(Liquor)
Special Events Permit (3.2%)
Drugstore
Liquor Store
Beer & Wine
3.2 Beer
Drugstore
Liquor Store
Beer & Wine
Brew Pub
New License Application Fee
Transfer of Ownership
Concurrent Review
Change of Location
Corp/LLCO change (per person) -
may be charged for background invest. by local OR state
Annual Renewal Application Fee City or County
Late Renewal Application Fee City or County
Change of Trade/Corporate Name City or County
Modification of Premises City or County
Expansion - add O.P. (each permit) City or County
Duplicate License City or County
Temporary Permits City or County
Bed & Breakfast Permits City or County
Mini Bar Permit*(No OAP Contribution) City or County
Liquor Store or 3.2 on & off
Delivery Permit City or
Out of State Delivery Permit City or
3.2 Beer
City or County
City or County
City or County
City or County
City or County
City or County
City or County
City or County
City or County
City
City
City
City
City or
City or
City or
City or
City or
City or
County
County
County
County
County
County
County
County
County
County
County
County
$75.00
$75.00
$75.00
$75.00
$75.00
$41.25
$41.25
$25.00
$10.00
$22.50
$22.50
$48.75
$3.75
$37.50
$37.50
$63.75
$75.00
$500.00
$500.00
$500.00
$500.00
$100.00
(not both)
$50.00
$500.00
$00.00
$00.00
$00.00
$00.00
$100.00
$25.00
$325.00
$00.00
$00.00
$7.50
$475.00
$475.00
$475.00
$475.00
$75.00
$283.75
$283.75
$25.00
$10.00
$20250
$20250
$326.25
$71.25
$28750
$28750
$41125
$725.00
$650.00
$650.00
$7'50.00
$100.00
$100.00
$00.00
$500.00
$25.00
$100.00
$75.00
$25.00
$00.00
$25.00
$375.00
$00.00
$50.00
$92.50
Beer Code
Sections renumbered within the Beer Code
Current
12-46-109
12-46-110
12-46-113 (5)
12-46-115
12-46-117
HB 1076
12-46-104
12-46-105
12-46-104 (3)
12-46-106
12-46-107
Provisions moved to the Liquor Code
Current
12-46-106 (11)
12-46-112 (2)(a)
12-46-112 (3)
12-46-112 (1)(a)
Sections repealed
Liquor Code
12-46-104
12-46-105
12-46-106
12-46-106.5
12-46-107
12-46-108
12-46-111
12-46-111(2)
12-46-111.5
12-46-112
12-46-112.2
12-46-112.5
12-46-112.7
1246-113
12-46-114
12-46-116
12-46-118
12-46-119
HB 1076
12-47-313 (1)(a)(III)
12-47-901 (7)
12-47-901 (8)
1247-901 (5)(c)
because of a duplicate provision in the
12-47-201
1247-202
1247-301
1247-302
12-47-305/12-47-601
1247-301
12-47-503
12-47-503(5)
12-47-504
12-47-420/12-47-901
1247-902
1247-801
none/obsolete provision
1247-307
12-47-903
12-47-904
12-47-802
1247-203
RESTRUCTURING OF LIQUOR CODE
Current HB 1076
12-47-101 through 12-47-103
12-47-103 (12)(b)
12-47-104
12-47-105
12-47-106
12-47-106 (1)(b) & (1)(b.5)
12-47-106 (4)
12-47-106.5
12-47-107
12-47-108
12-47-109
part of 12-47-110(1) as amended
12-47-110
12-47-111
12-47-112
12-47-113
12-47-113.1
12-47-114
12-47-114.1
12-47-115
12-47-116
12-47-117
12-47-118
12-47-118.5
12-47-119
12-47-119.5
12-47-119.6
12-47-119.7
12-47-119.8
12-47-120
12-47-120.5
12-47-121
12-47-122
12-47-123
12-47-124
12-47-124(2)
12-47-125
12-47-126
12-47-126.5
12-47-127
12-47-127.5
Same
12-47-411(1)(c)
12-47-201
12-47-202
12-47-301
12-47-302
12-47-303 (I)
12-47-303
12-47-304
12-47-305
12-47-701
12-47-306
12-47-601
12-47-307
12-47-401
12-47-402
12-47-403
12-47-404
12-47-405
12-47-406
12-47-407
12-47-408
12-47-409
12-47-410
12-47-411
12-47-412
12-47-413
12-47-414
12-47-415
12-47-416
12-47-417
12-47-418
12-47-419
12-47-501
12-47-502
12-47-505(3)
Repealed
12-47-106
12-47-104
12-47-503
12-47-504
Current HB 1076
12-47-128(5)(c)(11)
part of 12-47-128(5)(g) as amended
12-47-128
12-47-128.2
12-47-128.5
12-47-129
12-47-130
12-47-131
12-47-132
12-47-133
12-47-134
12-47-135
12-47-135 (3)
12-47-135 (6) as amended
12-47-135 (7) as amended
12-47-135.5
12-47-136
12-47-137
part of 12-47-137 (2)(a)
12-47-137 (2)(b)
12-47-138
12-47-139
12-47-140
12-47-141
12-47-142
12-47-143
12-47-144
12-47-420
12-47-301(9)
12-47-901
12-47-902
12-47-801
12-47-308
12-47-903
12-47-904
12-47-905
12-47-906
12-47-907
12-47-309
12-47-505(4)
12-47-310(3)
12-47-310(4)
12-47-310
12-47-311
12-47-312
12-47-307(3)(a)
12-47-307(3)(b)
12-47-313
12-47-505
12-47-105
12-47-802
12-47-106
Repealed
12-47-203
RECODIFIED 3.2 % FERMENTED MALT BEVERAGE INDEX
12-46-101 Short title.
12-46-102 Legislative declaration.
12-46-103 Definitions.
12-46-104 Licenses - state license fees - requirements.
12-46-105 Fees and taxes - allocation.
12-46-106 Lawful acts.
12-46-107 Local licensing authority - application - fees.
RECODIFIED LIQUOR CODE
NEW PART 1 - GENERAL PROVISIONS
12-47-101
12-47-102
12-47-103
12-47-104
12-47-105
12-47-106
12-47-107
Short Title
Legislative declaration
Definitions
Interstate wine shipments
Local option
Exemptions
Permitted acts
NEW PART 2 - STATE LICENSING AUTHORITY - DUTIES
12-47-201
12-47-202
12-47-203
State licensing authority - creation - employees.
Duties of state licensing authority.
Functions subject to available appropriations
NEW PART 3 - STATE AND LOCAL LICENSING
12-47-301
12-47-302
12-47-303
12-47-304
12-47-305
12-47-306
12-47-307
12-47-308
12-47-309
12-47-310
12-47-311
12-47-312
12-47-313
Licensing - general provisions
License renewal
Transfer of Ownership and temporary permits
State licensing authority - application and issuance procedures.
Denial of application.
Inactive licenses
Persons prohibited as licensees.
Unlawful financial assistance.
Local licensing authority - applications - optional premises licenses.
Optional premises license - local option
Public notice - posting and publication
Results of investigation - decision of authorities.
Restrictions for applications for new license.
NEW PART 4 - CLASSES OF LICENSES AND PERMITS
12-47-401
12-47-402
12-47-403
12-47-404
12-47-405
12-47-406
12-47-407
12-47-408
Classes of licenses
Manufacturer's license
Limited winery license
Importer's license
Nonresident manufacturers and importers of malt liquor.
Wholesaler's license
Retail liquor store license
Liquor -licensed drugstore license
NEW PART 4 - CLASSES OF LICENSES AND PERMITS CONTINUED
12-47-409
12-47-410
12-47-411
12-47-412
12-47-413
12-47-414
12-47-415
12-47-416
12-47-417
12-47-418
12-47-419
Beer and wine license
Bed and breakfast permit
Hotel and restaurant license
Tavern license
Optional premises license
Retail gaming tavern license
Brew pub license
Club license - legislative declaration
Arts license
Racetrack license
Public transportation system license
NEW PART 5 - LICENSE FEES AND EXCISE TAXES
12-47-501
12-47-502
12-47-503
12-47-504
12-47-505
State fees
Fees and taxes - allocation
Excise tax - records
Lien to secure payment of taxes - exemptions - recovery
Local license fees
NEW PART 6 - DISCIPLINARY ACTIONS
12-47-601 Suspension - revocation - fines
NEW PART 7 - INSPECTION OF BOOKS AND RECORDS
12-47-701 Records - inspection
NEW PART 8 - JUDICIAL REVIEW AND CIVIL LIABILITY
21-47-801
12-47-802
Civil liability - legislative declaration.
Judicial review
NEW PART 9 - UNLAWFUL ACTS - ENFORCEMENT
12-47-901
12-47-902
12-47-903
12-47-904
12-47-905
12-47-906
12-47-907
Unlawful acts - gambling - exceptions.
Testing for intoxication by law enforcement officers - when prohibited
Violations and penalty
Duty of inspectors and police officers
Warrant - searches and seizures
Return on warrant - sale of liquor seized.
Loss of property rights.
REGULATION CHANGES
Once recodified, all the regulations which were originally found in three separate sections of the
Colorado Code of regulations will be combined into a single section under 1 CCR 203-2, and all
will begin with the numerals 47-.
Most of the regulations regarding the Colorado Beer Code were consolidated into the related
regulations regarding the Liquor Code. Only four Beer Code regulations remain.
They are: 47-002. Fermented Malt Beverages - Advertising Practices.
47-004. Fermented Malt Beverages - Possession of Alcohol Liquors.
47-006. Fermented Malt Beverages - Identification and Labeling.,
47-008. Fermented Malt Beverages - Limitations of License.
FERMENTED MALT BEVERAGES REGULATIONS "FMB"
Original Recodified Subject Changes
Reg # Reg #
46-103.1. 47-100
46-105.1. 47-922
46-105.2. 47-900
46-105.3. 47-902
Definitions
Gambling
Conduct of Establishment
Sanitary Requirements
Changes "restaurant"
to food service
establishment
46-105.4. 47-002 FMB - Advertising Practices
46-105.5. 47-700 Inspection of Premises
46-105.6. Statutory Search Warrants (12-47-905)
46-105.7. Statutory Sale of Beverages Seized (12-47-906)
46-105.8. Statutory Loss of Property Rights (12-47-907)
46-105.10. 47-912 Identification
46-105.11. 47-410 Storage
46-105.12. 47-200 Declaratory Orders
46-106.1. 47-310 Application for License
46-106.2. 47-312 Change of Location
46-106.3. 47-302, 47-306 Changing Trade Name, Modifying Premises
46-106.4. 47-308 Municipally Owned Facilities
46-106.5. 47-324 Concurrent Application Review
46-107.1. 47-600 Suspension - Revocation
46-108.1. Statutory Character - Reputation (12-47-306)
46-108.2. 47-314 Limited Liability Company
46-109.1. 47-412 Warehouses - Branch Houses
46-109.2. 47-406 Wholesale Dealer - Importation
46-109.3. 47-424 Engaging in Business
46-109.4. 47-402 Confiscated Shipments
46-109.5. 47-408
46-109.6. 47-414
46-111.1. 47-502
46-112.1. statutory
46-112.2. 47-004
46-112.3. 47-006
46-112.4. 47-918
46-113.1. 47-314
46-113.2. 47-318
46-113.3. 47-320
46-115.1. 47-426
46-116.1. 47-926
46-117.1. statutory
46-117.2. 47-008
Liquor Code Regulations
Purchases by Retailers
Purchases by Wholesalers
Excise Tax - Reports
Sales and Consumption (12-47-901(1)(h))
FMB - Possession of Alcoholic Liquors
FMB - Identification and Labeling
Removal from Premises
Advertising Material
Exterior Signs and Interior Displays
Trade Practices
Delivery of Fermented Malt Beverages
Interference with Officers
Posting - Publishing (12-47-311)
Limitations of License
47-103.1. 47-100 Definitions
47-105.1. 47-900 Conduct of Establishment
47-105.2. 47-902 Sanitary Requirements
47-105.4. 47-904 Product Labeling, Substitution,
Sampling and Analysis
47-105.6. 47-906 Container Size
47-105.7. 47-908 Dispensing Systems
47-105.9. 47-410 Warehouse Storage Permit
47-105.10. 47-200 Declaratory Orders
47-106.1. 47-300 Change in Class of License
47-106.2. 47-302 Modification of Premises
47-106.3. 47-304 Transfer of Ownership
47-106.4. 47-306 Change of Trade Name
47-106.5. 47-308 Municipally Owned Facilities
47-107.1. 47-310 Application - General Provisions
47-109.1. 47-700 Inspection of the Licensed Premises
47-110.1. 47-600 Complaints/ Suspension, Revocation
47-110.2. 47-602 Temporary/Summary Suspension
47-111.1. 47-312 Change of Location - Prohibited Area
47-112.1. 47-314 Limited Liability Company
47-113.1. 47-400 Licensed Breweries
47-114.1. 47-402 Confiscated Shipments
47-114.2. 47-404 Foreign Trade Zone
47-115.1. 47-406 Wholesale Dealer - Importation
47-115.2. 47-408 Purchases by Retailers
47-1153. 47-412 Warehouses or Branch Houses
Changes "restaurant"
to food service
establishment
Deleted Sections B,C
Deleted Section B
47-115.4. 47-414 Purchases by Wholesalers
47-116.1. 47-416 Non Food Items
47-119.1. 47-418 Restaurants
47-119.2. 47-420 Minibar Container Size
47-120.5.1. 47-422 Arts License
47-127.1. 47-500 Excise Tax Audits
47-127.2. 47-502 Excise Tax Reports
47-127.3. 47-504 Excise Taxes by Non -licensees
47-128.1. 47-424 Engaging in Business
47-128.2. 47-900 Consumption Prohibited
47-128.3. 47-912 Identification
47-128.4. deleted Special License
47-128.5. 47-914 Unlicensed Possession of Beverages
47-128.6. 47-312 Change of Location
47-128.7. 47-916 Advertising
47-128.8. 47-918 Removal of Liquor from Premises
47-128.9. 47-920 Solicitation of Drinks
47-128.10. 47-922 Gambling
47-128.12. 47-426 Delivery of Liquor
47-128.13. 47-924 Sole Source/Brand Registration
47-129.1. 47-316 Furnishing of Advertising Material
47-129.2. 47-318 Owner - Manager
47-129.3. 47-320 Exterior Signs and Interior Displays
47-129.4. 47-322 Trade Practices
47-131.1. 47-926 Interference with Officers
47-137.1. 47-324 Concurrent Review
47-138.1. 47-326 Measurement of Distance
Special Event Code Regulations "SEP"
Adds brewpubs and
manufacturers
48-101.1.A. 47-922 Gambling
48-101.1.B. 47-900 Conduct of Establishment
48-101.1.C. 47-1000 Possession of Beverages
48-101.2. 47-1002 Posting of SEP
48-101.4. 47-1004 Qualifications to Sell
48-101.5. 47-1006 Complaints - Cancellation /Revocation of Permit
48-101.6. 47-1008 Purchase of Alcohol
48-101.7. 47-1010 Supplier Relationships
48-102.1. 47-1012 Political Organizations
48-105.1. 47-1014 Location
48-105.2. 47-1016 Change of Location
48-107.1. 47-1018 Application for Permit
48-107.2. 47-1020 Application on School Property
DEPARTMENT OF REVENUE
FOR INTRA-DEPARTMENTAL CORRESPONDENCE
TO: Local Licensing Authorities DATE: June 6, 1997
Ai
FROM: Matt D. Cook, Licensing Administrator
SUBJECT: July, August, License Renewals
As you are all aware, section 12-47-106 C.R.S., requires that the state licensing authority
mail renewals to Licensees at least 90 days prior to expiration. To insure timely mailing
of the renewals, our system is set up to mail renewals approximately 120 days prior to
expiration. Governor Romer signed HB 1076 into law on May 8, 1997 making the new
license fees effective July 1, 1997. Consequently, July and August renewals were mailed
with the current fees, including the option for extended hours. To minimize the confusion
surrounding the new fees, the Division is asking that license renewals be accepted with
the fees printed in the document itself. Should a Licensee file an application for renewal
of a license that expires in August, listing the old fees, please accept the renewal, with
or without extended hours, and require the Licensee to pay the STATE LICENSE fees
printed on the renewal document itself. All on -premises license fees increased $175,
therefore, accepting the old fees, including extended hours ($170) as printed on the July
and August renewals will actually save the Licensee money.
As always, the Division appreciates your support during this transition. Should you have
questions, please contact me at your earliest opportunity.
Hello