Colorado 2017 Regular Session Status: In Committee 1 R cosponsors

SB 17-199 — Retail Liquor Stores Additional Licenses

Last action — Senate Committee on Appropriations Postpone Indefinitely

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Under current law, a retail liquor store licensee that was licensed on or before January 1, 2016, and is a Colorado resident is permitted to obtain one additional retail liquor store license on or after January 1, 2017; 2 additional retail liquor store licenses on or after January 1, 2022; and 3 additional retail liquor store licenses on or after January 1, 2027. With regard to additional retail liquor store licenses, the premises cannot be located within 1,500 feet of any other licensed retail liquor store in the same licensing jurisdiction or, if within a municipality with a population of not more than 10,000 people, the premises cannot be located within 3,000 feet of any other licensed retail liquor store in the same licensing jurisdiction. Also, in addition to selling malt, vinous, and spirituous liquors, a retail liquor store may sell nonalcohol products, but only if the sales revenues from nonalcohol products do not exceed 20% of the store's total annual gross sales revenues. The bill excludes from the calculation of sales revenues from nonalcohol products revenues from the sale of lottery products, cigarettes, tobacco products, nicotine products, ice, and nonalcohol beverages. With regard to multiple licenses, the bill retains the ability for a retail liquor store licensee that is a Colorado resident to obtain one additional retail liquor store license through July 1, 2017, if the new premises satisfies the distance requirements, and starting July 1, 2017, retains the distance requirements and replaces the current time periods and additional license provisions with a structure that mirrors the tiered structure for liquor-licensed drugstores to obtain additional licenses, as follows: For a retail liquor store licensee licensed as of January 1, 2017, that has been a Colorado resident for at least 2 years or has operated a business in Colorado for at least 10 years, in order to obtain an additional retail liquor store license on or after July 1, 2017, the applicant must apply to transfer ownership of 2 licensed retail liquor store licenses within the same local licensing jurisdiction as the premises for which a new license is sought and merge the 2 licenses into a single retail liquor store license; A retail liquor store that qualifies for additional retail liquor store licenses is eligible to obtain: 4 additional licenses, for a total of 5 retail liquor store licenses, on or after July 1, 2017; 7 additional licenses, for a total of 8 retail liquor store licenses, on or after January 1, 2022; 12 additional licenses, for a total of 13 retail liquor store licenses, on or after January 1, 2027; 19 additional licenses, for a total of 20 retail liquor store licenses, on or after January 1, 2032; and an unlimited number of additional retail liquor store licenses, on or after January 1, 2037. A retail liquor store is prohibited from allowing customers to use a self-checkout to complete an alcohol beverage purchase. A retail liquor store is required to: Verify the age of a customer attempting to purchase an alcohol beverage by examining the customer's valid identification; and Maintain certification as a responsible alcohol beverage vendor. An employee of a retail liquor store who is under 21 years of age cannot deliver or otherwise have contact with alcohol beverages offered for sale on, or sold and removed from, the licensed premises. (Note: This summary applies to this bill as introduced.)

Bill Text

What changed in the latest version

284 added · 252 removed

284 line(s) added, 252 removed.

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First Regular Session Seventy-first General Assembly STATE OF COLORADO INTRODUCED LLS NO.
First Regular Session Seventy-first General Assembly STATE OF COLORADO PREAMENDED This Unofficial Version Includes Committee Amendments Not Yet Adopted on Second Reading LLS NO.
and Kerr, Priola HOUSE SPONSORSHIP Winter and Liston, Senate Committees House Committees Business, Labor, & Technology A BILL FOR AN ACT CONCERNING THE LICENSING OF RETAIL LIQUOR STORES .
and Kerr, Priola HOUSE SPONSORSHIP Winter and Liston, Senate Committees House Committees Business, Labor, & Technology Finance A BILL FOR AN ACT C ONCERNING THE LICENSING OF RETAIL LIQUOR STORES .
An employee of a retail liquor store who is under 21 years of age -2- SB17-199 cannot deliver or otherwise have contact with alcohol beverages offered for sale on, or sold and removed from, the licensed premises.
An employee of a retail liquor store who is under 21 years of age -2- 199 cannot deliver or otherwise have contact with alcohol beverages offered for sale on, or sold and removed from, the licensed premises.
(31) "Retailliquorstore"meansanestablishmentengagedonlyin the sale of malt, vinous, and spirituous liquors and nonalcohol products, butonlyiftheannualgrossrevenuesfromthesaleofnonalcoholproducts does DO not exceed twentypercent of the retail liquor store's total annual grossSALES revenues,AS SPECIFIED IN SECTIO12-47-407 (1)(b).
(31) "Retailliquorstore"meansanestablishmentengagedonlyin the sale of malt, vinous, and spirituous lIN SEALED CONTAINERS FOR CONSUMPTION OFF THE PREMISES ,SO LONG AS AT LEAST FIFTY PERCENT OF THE ESTABLISHMENT S TOTAL ANNUAL GROSS SALES REVENUES ARE FROM THE SALE OF MALT , VINOUS, AND SPIRITUOUS LIQUORS , and nonalcohol products, but onlyif the annual gross revenues from the sale of nonalcohol products does not exceed twenty percent of the retail liquor store'sTABLISHMENT S total annual grossSALES revenues, AS DETERMINED IN ACCORDANCE WITH SECTION 12-47-407 (1)(b).
(1) (b) In addition, retail liquor stores may sell any nonalcohol products, but only if the annual grossrevenuesfromthesaleofnonalcoholproductsdonotexceedtwenty percent of the retail liquor store's total annualgrossnues.FOR PURPOSES OF CALCULATING THE ANNUAL GROSS REVENUES FROM THE SALEOFNONALCOHOLPRODUCTS ,SALESREVENUESFROMTHEFOLLOWING PRODUCTS ARE EXCLUDED :
(1) (b) In addition, retail liquor stores may sell any nonalcohol products, but only if the annual grossrevenuesfromthesaleofnonalcoholproductsdonotexceedtwenty percent of the retail liquor store's totalannualgrossenues.
(I) LOTTERY PRODUCTS ;
OR PURPOSES OF CALCULATING THE ANNUAL GROSS REVENUES FROM THE SALEOFNONALCOHOLPRODUCTS ,SALESREVENUESFROMTHEFOLLOWING PRODUCTS ARE EXCLUDED :
(II) CGARETTES TOBACCO ANDNICOTINEPRODUCTS ASDEFINED IN SECTION18-13-121 (5);
-3- 199 (I) OTTERY PRODUCTS ;
(III) IE;AND (IV) N ONALCOHOL BEVERAGES .
(II) CGARETTES,TOBACCO ,ANDNICOTINEPRODUCTS ,ASDEFINED IN SECTION 18-13-121 (5);
-3- SB17-199 (d) (I) N OR AFTERJULY 1, 2017TO QUALIFY FOR ADDITIONAL RETAILLIQUOR STORE LICENSES UNDER SUBSECTION (4)(b)(IIIOFTHIS SECTION, A RETAIL LIQUOR STORE LICENSEE MUST APPLY TO THE STATE AND LOCAL LICENSING AUTHORITIES,AS PART OF A SINGLE APPLICATI,N FOR A TRANSFER OF OWNERSHIP OF AT LEAST TWO LICENSED RETAIL LIQUOR STORES THAT WERE LICENSED OR HAD APPLIED FOR A LICENSE ON OR BEFORE JULY 1,2017,A CHANGE OF LOCATION OF ONE OF THE RETAIL LIQUOR STORES,AND A MERGER OF THE RETAIL LIQUOR STORE LICENSES INTOASINGLERETAILLIQUORSTORELICENSE .THEAPPLICANTMAYAPPLY FORATRANSFER ,CHANGEOFLOCATION ,ANDMERGERONLYIFALLOFTHE FOLLOWING REQUIREMENTS ARE MET :
(III) SFT DRINKS AND MIXERS;
(A) T HE RETAIL LIQUOR STORES THAT ARE THE SUBJECT OF THE TRANSFER OF OWNERSHIP ARE LOCATED WITHIN THE SAME LOCAL LICENSING AUTHORITY JURISDICTION AS THE PREMISES FOR WHICH THE APPLICANT IS SEEKING A RETAIL LIQUOR STORE LICENSE AND, IF ANY RETAIL LIQUOR STORES ARE LOCATED WITHIN ONE THOUSAND FIVE HUNDRED FEET OF THE PREMISES OR ,FOR A RETAIL LIQUOR STORE PREMISES LOCATED IN A MUNICIPALITY WITH A POPULATION OF TEN THOUSAND OR FEWER ,WITHIN THREE THOUSAND FEET OF THE PREMISE, THE APPLICANT APPLIES TO TRANSFER OWNERSHIP OFALLRETAILLIQUOR STORES LOCATED WITHIN THAT DISTANCE .
(IV) CIGARETTES,TOBACCOPRODUCTS ANDNICOTINEPRODUCTS , AS DEFINED IN SECTION18-13-121 (5)AND (V) N ONFOOD ITEMS RELATED TO THE CONSUMPTION OF MALT , VINOUS ,OR SPIRITUOUS LIQUORS.
F THERE ARE NO LICENSED RETAIL LIQUOR STORES OR ONLY ONE LICENSED RETAIL LIQUOR STORE WITHIN THE SAME LOCAL LICENSING AUTHORITY JURISDICTION AS THE PREMISES FOR WHICH A RETAIL LIQUOR STORE LICENSE IS SOUGH,THE APPLICANTSHALLAPPLYTOTRANSFEROWNERSHIPOFONEORTWORETAIL LIQUOR STORES , AS NECESSARY ,THAT ARE LOCATED IN THE LOCAL LICENSING AUTHORITY JURISDICTION THAT IS NEAREST TO THE -4- SB17-199 JURISDICTION IN WHICH THE PREMISES IS LOCA.ED (B) U PON TRANSFER AND MERGER OF THE RETAIL LIQUOR STORE LICENSES TO A SINGLE RETAIL LIQUOR STORE LICETHE PREMISES FOR WHICH THE NEW RETAIL LIQUOR STORE LICENSE IS SOUGHT WILL BE LOCATED AT LEAST ONE THOUSAND FIVE HUNDRED FEET FROM ALL LICENSED RETAIL LIQUOR STORES THAT ARE WITHIN THE SAME LOCAL LICENSING AUTHORITY JURISDICTION AS THE PREMISES FOR WHICH THE NEW RETAIL LIQUOR STORE LICENSE IS SOUGHT OR , FOR A PREMISES LOCATED IN A MUNICIPALITY WITH A POPULATION OF TEN THOUSAND OR FEWER ,AT LEAST THREE THOUSAND FEET FROM ALL LICENSED RETAIL LIQUORSTORESTHATAREWITHINTHESAMELOCALLICENSINGAUTHORITY JURISDICTIONASTHEPREMISESFORWHICHTHENEWRETAILLIQUORSTORE LICENSE IS SOUGH.
(d) (I) O N OR AFTER JANUARY 1, 2022, TO QUALIFY FOR ADDITIONAL RETAIL LIQUOR STORE LICENSES UNDER SUBSECTION (4)(b)(III.5)F THIS SECTIO, A RETAIL LIQUOR STORE LICENSEE MUST APPLY TO THE STATE AND LOCAL LICENSING AUTHORITIES ,AS PART OF A SINGLE APPLICATION ,FOR A TRANSFER OF OWNERSHIP OF AT LEAST TWO LICENSED RETAIL LIQUOR STORES THAT WERE LICENSED OR HAD APPLIED FOR A LICENSE ON OR BEFOREJANUARY 1,2017, A CHANGE OF LOCATION OF ONE OF THE RETAIL LIQUOR STORES ,AND A MERGER OF THE RETAIL LIQUOR STORE LICENSES INTO A SINGLE RETAIL LIQUOR STORE LICENSE.
(II) FOR PURPOSES OF DETERMINING WHETHER THE DISTANCE REQUIREMENTS SPECIFIED IN SUBSECTION(1)(d)(OF THIS SECTION ARE SATISFIED, THE DISTANCE SHALL BE DETERMINED BY A RADIUS MEASUREMENT THAT BEGINS AT THE PRINCIPAL DOORWAY OF THE PREMISES FOR WHICH THE RETAIL LIQUOR STORE APPLICATION IS MADE AND ENDS AT THE PRINCIPAL DOORWAY OF THE LICENSED RETAIL LIQUOR STORE .
T HEAPPLICANTMAYAPPLYFORATRANSFER ,CHANGEOFLOCATION ,AND MERGER ONLY IF ALL OF THE FOLLOWING REQUIREMENTS ARE MET :
(III) IN MAKING ITS DETERMINATION ON THE TRANSFER OF OWNERSHIP ,CHANGE OF LOCATION AND LICENSE MERGER APPLICATION, THE LOCAL LICENSING AUTHORITY SHALL CONSIDER THE REASONABLE REQUIREMENTS OF THE NEIGHBORHOOD AND THE DESIRES OF THE ADULT INHABITANTS IN ACCORDANCE WITH SECTION 12-47-312.
(A) THE RETAIL LIQUOR STORES THAT ARE THE SUBJECT OF THE TRANSFER OF OWNERSHIP ARE LOCATED WITHIN THE SAME LOCAL LICENSING AUTHORITY JURISDICTION AS THE PREMISES FOR WHICH THE APPLICANT IS SEEKING A RETAIL LIQUOR STORE LICENSE AND ,IF ANY RETAIL LIQUOR STORES ARE LOCATED WITHIN ONE THOUSAND FIVE HUNDRED FEET OF THE PREMISES OR ,FOR A RETAIL LIQUOR STORE PREMISES LOCATED IN A MUNICIPALITY WITH A POPULATION OF TEN THOUSAND OR FEWER ,WITHIN THREE THOUSAND FEET OF THE PREMISES , -4- 199 THE APPLICANT APPLIES TO TRANSFER OWNERSHIP OFALLRETAILLIQUOR STORES LOCATED WITHIN THAT DISTANCE .F THERE ARE NO LICENSED RETAIL LIQUOR STORES OR ONLY ONE LICENSED RETAIL LIQUOR STORE WITHIN THE SAME LOCAL LICENSING AUTHORITY JURISDICTION AS THE PREMISES FOR WHICH A RETAIL LIQUOR STORE LICENSE IS SOUG,THE APPLICANTSHALLAPPLYTOTRANSFEROWNERSHIPOFONEORTWORETAIL LIQUOR STORES ,AS NECESSARY ,THAT ARE LOCATED IN THE LOCAL LICENSING AUTHORITY JURISDICTION THAT IS NEAREST TO THE JURISDICTION IN WHICH THE PREMISES IS LOCA.ED (B) UPON TRANSFER AND MERGER OF THE RETAIL LIQUOR STORE LICENSES TO A SINGLE RETAIL LIQUOR STORE LIC,THE PREMISES FOR WHICH THE NEW RETAIL LIQUOR STORE LICENSE IS SOUGHT WILL BE LOCATED AT LEAST ONE THOUSAND FIVE HUNDRED FEET FROM ALL LICENSED RETAIL LIQUOR STORES THAT ARE WITHIN THE SAME LOCAL LICENSING AUTHORITY JURISDICTION AS THE PREMISES FOR WHICH THE NEW RETAIL LIQUOR STORE LICENSE IS SOUGHT OR ,FOR A PREMISES LOCATED IN A MUNICIPALITY WITH A POPULATION OF TEN THOUSAND OR FEWER ,AT LEAST THREE THOUSAND FEET FROM ALL LICENSED RETAIL LIQUORSTORESTHATAREWITHINTHESAMELOCALLICENSINGAUTHORITY JURISDICTIONASTHEPREMISESFORWHICHTHENEWRETAILLIQUORSTORE LICENSE IS SOUGH.
(IV) I ADDITION TO ANY OTHER REQUIREMENTS FOR LICENSURE UNDERTHISSECTIONORTHISARTICLE 47,APERSONAPPLYINGFORANEW -5- SB17-199 RETAIL LIQUOR STORE LICENSE IN ACCORDANCE WITH THIS SUBSECTION (1)(d)ON OR AFTER ULY 1,2017, OR TO RENEW A RETAIL LIQUOR STORE LICENSE ISSUED ON OR AFTER JULY 1, 2017,UNDER THIS SUBSECTION (1)(d)MUST :
(II) FOR PURPOSES OF DETERMINING WHETHER THE DISTANCE REQUIREMENTS SPECIFIED IN SUBSECTIO(1)(d)(IOF THIS SECTION ARE SATISFIED, THE DISTANCE SHALL BE DETERMINED BY A RADIUS MEASUREMENT THAT BEGINS AT THE PRINCIPAL DOORWAY OF THE PREMISES FOR WHICH THE RETAIL LIQUOR STORE APPLICATION IS MADE AND ENDS AT THE PRINCIPAL DOORWAY OF THE LICENSED RETAIL LIQUOR -5- 199 STORE .
(A) P ROVIDE EVIDENCE TO THE STATE AND LOCAL LICENSING AUTHORITIESTHATNOTMORETHANTWENTYPERCENTOFTHELICENSEE S GROSS ANNUAL INCOME DERIVED FROM TOTAL SALES DURING THE PRIOR TWELVE MONTHS AT THE RETAIL LIQUOR STORE PREMISES FOR WHICH A NEWORRENEWALLICENSEISSOUGHTISFROMTHESALEOFNONALCOHOL PRODUCTS ,AS DETERMINED IN ACCORDANCE WITHSUBSECTION (1)(bOF THIS SECTION;AND (B) M AKE AND KEEP ITS PREMISES OPEN TO THE PUBL.C (2) EveryApersonsellingLICENSEDUNDERTHISSECTIONTOSELL malt, vinous, and spirituous liquors in a retail liquor store shall:
(III) IN MAKING ITS DETERMINATION ON THE TRANSFER OF OWNERSHIP ,CHANGE OF LOCATION ,AND LICENSE MERGER APPLICATION, THE LOCAL LICENSING AUTHORITY SHALL CONSIDER THE REASONABLE REQUIREMENTS OF THE NEIGHBORHOOD AND THE DESIRES OF THE ADULT INHABITANTS IN ACCORDANCE WITH SECTION 12-47-312.
(a) Purchase suchmalt, vinous, and spirituous liquors only from a wholesaler licensed pursuant toER this articARTICLE 47;
(IV) IN ADDITION TO ANY OTHER REQUIREMENTS FOR LICENSURE UNDERTHISSECTIONORTHISARTICLE 47,APERSONAPPLYINGFORANEW RETAIL LIQUOR STORE LICENSE IN ACCORDANCE WITH THIS SUBSECTION (1)(d)ON OR AFTER JANUARY 1, 2022OR TO RENEW A RETAIL LIQUOR STORE LICENSE ISSUED ON OR AFTER JANUARY 1, 2022,UNDER THIS SUBSECTION (1)(d)MUST :
(b) N OT ALLOW CONSUMERS TO PURCHASE MALT ,VINOUS, OR SPIRITUOUS LIQUORS AT A SEL-CHECKOUT OR OTHER MECHANISM THAT ALLOWS THE CONSUMER TO COMPLETE THE ALCOHOL BEVERAGE PURCHASE WITHOUT ASSISTANCE FROM AND COMPLETION OF THE TRANSACTION BY AN EMPLOYEE OF THE RETAIL LIQUOR STORE ;AND (c) R EQUIRE, IN ACCORDANCE WITH SECTION 12-47-901 (10), CONSUMERS ATTEMPTING TO PURCHASE MALT ,VINOUS,OR SPIRITUOUS LIQUORS TO PRESENT A VALID IDENTIFICATIO,AS DETERMINED BY THE STATE LICENSING AUTHORITY BY RULE.
(A) P ROVIDE EVIDENCE TO THE STATE AND LOCAL LICENSING AUTHORITIESTHATNOTMORETHANTWENTYPERCENTOFTHELICENSEE 'S GROSS ANNUAL INCOME DERIVED FROM TOTAL SALES DURING THE PRIOR TWELVE MONTHS AT THE RETAIL LIQUOR STORE PREMISES FOR WHICH A NEWORRENEWALLICENSEISSOUGHT ISFROMTHESALEOFNONALCOHOL PRODUCTS ,AS DETERMINED IN ACCORDANCE WITHSUBSECTION (1)(bOF THIS SECTION;AND (B) M AKE AND KEEP ITS PREMISES OPEN TO THE PUBL.C (2) EveryApersonsellingLICENSEDUNDERTHISSECTIONTOSELL malt, vinous, and spirituous liquors in a retail liquor store shall:
(4) (a) Except as provided in paragraph (b) of this subsection (4) SUBSECTION (4)(bOF THIS SECTION, it is unlawful for any owner, part -6- SB17-199 owner, shareholder, or person interested directly or indirectly in a retail liquor store to conduct, own either in whole or in part, or be directly or indirectlyinterestedinanyotherbusinesslicensedpursuanttothisarticle ARTICLE 47.
(a) Purchase suchalt, vinous, and spirituous liquors only from a wholesaler licensed pursuant toR this articARTICLE47;
(b) N OT ALLOW CONSUMERS TO PURCHASE MALT ,VINOUS ,OR SPIRITUOUS LIQUORS AT A SELCHECKOUT OR OTHER MECHANISM THAT ALLOWS THE CONSUMER TO COMPLETE THE ALCOHOL BEVERAGE -6- 199 PURCHASE WITHOUT ASSISTANCE FROM AND COMPLETION OF THE TRANSACTION BY AN EMPLOYEE OF THE RETAIL LIQUOR STORE ;AND (c) R EQUIRE, IN ACCORDANCE WITH SECTION 12-47-901 (10), CONSUMERS ATTEMPTING TO PURCHASE MALT ,VINOUS ,OR SPIRITUOUS LIQUORS TO PRESENT A VALID IDENTIFICATION,AS DETERMINED BY THE STATE LICENSING AUTHORITY BY RULE .
(4) (a) Except as provided in paragraph (b) of this subsection (4) SUBSECTION (4)(b)OF THIS SECTION, it is unlawful for any owner, part owner, shareholder, or person interested directly or indirectly in a retail liquor store to conduct, own either in whole or in part, or be directly or indirectlyinterestedinanyotherbusinesslicensedpursuanttothisarticle ARTICLE 47.
(III) ForaretailliquorstorelicensedonorbeforeJanuary1,2016, and whose license holder is a Colorado resident,AFTER JANUARY 1, 2017,AND BEFORE JULY 1, 2017,ONE additional retail liquor store licenses as followsCENSE, but only if the premises for which a license issoughtsatisfiesthedistancerequirementsspecifiedinsubparagraph(II) of paragraph (a) of subsectionSUBSECTION (1)(a)(II) of this section;
(III) ForaretailliquorstorelicensedonorbeforeJanuary1,2016, and whose license holder is a Colorado resident, additional retail liquor store licenses as follows, only if the premises for which a license is sought satisfies the distance requirements specified in subparagraph(II)ofparagraph(a)ofsubsection(1)UBSECTION (1)(a)(II) of this section:
(A) On or after January1, 2017, and before January1, 2022, one additional retail liquor store license, for a maximum of up to two total retail liquor store licenses;
(A) On or after January1,2017,andbefore January1, 2022ULY 1,2017,oneadditionalretailliquorstorelicense,foramaximumof upto two total retail liquor store licenses;
(B) On or after January 1, 2022, and before January 1, 2027, up totwoadditionalretailliquorstorelicenses,foramaximumofthreetotal retail liquor store licenses;
(B) On or after JLY 1, 2017AND BEFORE January 1, 2022, and before January 1, 2027,p to two FOUR additional retail liquor store licenses,foramaximumofthree FIVE totalretailliquorstorelicenses;and (C) OnorafterJanuary1,2027,uptothreeadditionalretailliquor -7- 199 store licenses, for a maximum of four total retail liquor store licenses;
and (C) OnorafterJanuary1,2027,uptothreeadditionalretailliquor store licenses, for a maximum of four total retail liquor store licenses;
or (III.5) FOR A RETAIL LIQUOR STORE LICENSED ON OR BEFORE JANUARY 1, 2017,ADDITIONAL RETAIL LIQUOR STORE LICENSES AS FOLLOWS , BUT ONLY IF OBTAINED IN ACCORDANCE WITH SUBSECTION (1)(d)OF THIS SECTION AND I,PRIOR TO APPLYING FOR AN ADDITIONAL RETAILLIQUORSTORELICENSE ,THEMAJORITYOFOWNERSOFTHERETAIL LIQUOR STORE HAS EITHER RESIDED IN COLORADO FOR AT LEAST TWO YEARSOROPERATEDABUSINESSIN C OLORADOFORATLEASTTENYEARS :
or (III.5) FOR A RETAIL LIQUOR STORE LICENSED ON OR BEFORE JANUARY 1, 2017,ADDITIONAL RETAIL LIQUOR STORE LICENSES AS FOLLOWS , BUT ONLY IF OBTAINED IN ACCORDANCE WITH SUBSECTION (1)(d)OF THIS SECTION AND ,PRIOR TO APPLYING FOR AN ADDITIONAL RETAILLIQUORSTORELICENSE ,THEMAJORITYOFOWNERSOFTHERETAIL LIQUOR STORE HAS EITHER RESIDED IN COLORADO FOR AT LEAST TWO YEARSOROPERATEDABUSINESSIN C OLORADOFORATLEASTTENYEARS :
(A) ON OR AFTER ANUARY 1, 2022,AND BEFORE JANUARY 1, 2027, UP TO SEVEN ADDITIONAL RETAIL LIQUOR STORE LICENSE,FOR A MAXIMUM OF EIGHT TOTAL RETAIL LIQUOR STORE LICENSES;
-7- SB17-199 (A) O N OR AFTER JULY 1, 2017AND BEFORE JANUARY 1, 2022, FOUR ADDITIONAL RETAIL LIQUOR STORE LICENSES,FOR A MAXIMUM OF FIVE TOTAL RETAIL LIQUOR STORE LICENSE;
(B) ON OR AFTER JANUARY 1, 2027,AND BEFORE JANUARY 1, 2032, UP TO TWELVE ADDITIONAL RETAILLIQUOR STORE LICENSE,FOR A MAXIMUM OF THIRTEEN TOTAL RETAIL LIQUOR STORE LICENSES;
(B) O N OR AFTER JANUARY 1, 2022,AND BEFORE JANUARY 1, 2027, UP TO SEVEN ADDITIONAL RETAIL LIQUOR STORE LICENSE,FOR A MAXIMUM OF EIGHT TOTAL RETAIL LIQUOR STORE LICENSES;
(C) ON OR AFTER JANUARY 1, 2032,AND BEFORE ANUARY 1, 2037, UP TO NINETEEN ADDITIONAL RETAIL LIQUOR STORE LICENS,FOR A MAXIMUM OF TWENTY TOTAL RETAIL LIQUOR STORE LICENSES ;AND (D) ON OR AFTER JANUARY 1, 2037AN UNLIMITED NUMBER OF ADDITIONAL RETAIL LIQUOR STORE LICENSES;OR (7) A LICENSED WHOLESALER SHALL MAKE ALL DELIVERIES OF ALCOHOL BEVERAGES TO A SPECIFIED RETAIL LIQUOR STORE THROUGH A COMMONCARRIER ,ACONTRACTCARRIER ,ORONVEHICLESOWNEDBYTHE WHOLESALER .
(C) O N OR AFTER JANUARY 1, 2027,AND BEFORE JANUARY 1, 2032, UP TO TWELVE ADDITIONAL RETAILLIQUOR STORE LICENSE,FOR A MAXIMUM OF THIRTEEN TOTAL RETAIL LIQUOR STORE LICENSES;
(D) O N OR AFTER ANUARY 1, 2032,AND BEFORE JANUARY 1, 2037, UP TO NINETEEN ADDITIONAL RETAIL LIQUOR STORE LICENS,FOR A MAXIMUM OF TWENTY TOTAL RETAIL LIQUOR STORE LICENSES ;AND (E) O N OR AFTER ANUARY 1, 2037,AN UNLIMITED NUMBER OF ADDITIONAL RETAIL LIQUOR STORE LICENSES;OR (7) A LICENSED WHOLESALER SHALL MAKE ALL DELIVERIES OF ALCOHOL BEVERAGES TO A SPECIFIED RETAIL LIQUOR STORE THROUGH A COMMONCARRIER ,ACONTRACTCARRIER ,ORONVEHICLESOWNEDBYTHE WHOLESALER .
(b) A N EMPLOYEE OF A RETAIL LIQUOR STORE WHO IS UNDER TWENTY ONE YEARS OF AGE SHALL NOT DELIVER OR OTHERWISE HAVE ANYCONTACTWITHMALT ,VINOUS ORSPIRITUOUSLIQUORSOFFEREDFOR SALE ON ,OR SOLD AND REMOVED FROM ,THE LICENSED PREMISES.
-8- 199 (b) A N EMPLOYEE OF A RETAIL LIQUOR STORE WHO IS UNDER TWENTY -ONE YEARS OF AGE SHALL NOT DELIVER OR OTHERWISE HAVE ANYCONTACTWITHMALT ,VINOUS ORSPIRITUOUSLIQUORSOFFEREDFOR SALE ON,OR SOLD AND REMOVED FROM ,THE LICENSED PREMISE.
In Colorado Revised Statutes, 12-47-303, amend (1)(c)(I) and (2);
In Colorado Revised Statutes, 12-47-301, amend (9)(a)(II) as follows:
12-47-301.
Licensingingeneral.(9)(a)(II)(A) Notwithstanding subparagraph (I) of this paragraphSUBSECTION (9)(a)(IOF THIS SECTION, for a retail liquor store licensed on or before January 1, 2016, the licensee may apply to move the permanent location to another place within or outside the municipality or county in which the license was originally granted.
(B) THE STATE AND LOCAL LICENSING AUTHORITIES SHALL NOT GRANT PERMISSION UNDER THIS SUBSECTION (9)(a)(IIFOR A NEW LOCATION WITHIN OR OUTSIDE THE MUNICIPALITY OR COUNTY IN WHICH THE LICENSE WAS ORIGINALLY GRANTED IFTHE NEWLOCATION IS WITHIN ONE THOUSAND FIVE HUNDRED FEET OF ANOTHER LICENSED PREMISES LICENSEDTOSELLMALT ,VINOUS,ORSPIRITUOUSLIQUORSAT RETAILFOR CONSUMPTIONOFFTHELICENSEDPREMISESOR ,FORAPREMISESLOCATED IN A MUNICIPALITY WITH A POPULATION OF TEN THOUSAND OR FEWER, WITHINTHREETHOUSANDFEETOFANOTHERLICENSEDPREMISESLICENSED TO SELL MALT ,VINOUS ,OR SPIRITUOUS LIQUORS AT RETAIL FOR CONSUMPTION OFF THE LICENSED PREMISE.
(C) It is unlawful for the licensee to sell anyalcohol beverages at the new location until permission is granted by the state and local licensing authorities.
SECTION 4.
In Colorado Revised Statutes, 12-47-303, amend -9- 199 (1)(c)(I) and (2);
-8- SB17-199 12-47-303.
12-47-303.
(II.5) ALICENSE TRANSFER AND MERGER AS PROVIDED FOR IN SECTION 12-47-407 (1)(dINCLUDES A TRANSFER OF OWNERSHIP OF AT LEAST TWO RETAIL LIQUOR STORES,A CHANGE OF LOCATION OF ONE OF THERETAILLIQUORSTORES ,ANDAMERGEROFTHERETAILLIQUORSTORE LICENSES INTO A SINGLE RETAIL LIQUOR STORE LICE,ALL AS PART OF ASINGLETRANSACTION ,ANDTHERETAILLIQUORSTOREAPPLICANTNEED NOT APPLY SEPARATELY FOR A TRANSFER OF OWNERSHIP UNDER THIS SECTION.T HE RETAIL LIQUOR STORE APPLYING FOR A LICENSE TRANSFER AND MERGER PURSUANT TO SECTION 12-47-407 (1)(dIS INELIGIBLE FOR ATEMPORARYPERMITPURSUANTTOTHISSECTION .THELOCALLICENSING AUTHORITY SHALL CONSIDER THE REASONABLE REQUIREMENTS OF THE NEIGHBORHOOD PURSUANT TO SECTION 12-47-312 WHEN MAKING A DETERMINATION ON THE TRANSFER AND MERGER OF THE RETAIL LIQUOR -9- SB17-199 STORELICENSESINTOASINGLERETAILLIQUORSTORELICENSE .THELOCAL LICENSING AUTHORITY MAY HOLD A HEARING ON THE APPLICATION FOR THE LICENSE TRANSFER AND MERGER AFTER PROVIDING NOTICE IN ACCORDANCE WITH SUBSECTION (1)(c)(IIOF THIS SECTIO.
(II.5) ALICENSE TRANSFER AND MERGER AS PROVIDED FOR IN SECTION 12-47-407 (1)(dINCLUDES A TRANSFER OF OWNERSHIP OF AT LEAST TWO RETAIL LIQUOR STORES,A CHANGE OF LOCATION OF ONE OF THERETAILLIQUORSTORES ,ANDAMERGEROFTHERETAILLIQUORSTORE LICENSES INTO A SINGLE RETAIL LIQUOR STORE LICE,ALL AS PART OF ASINGLETRANSACTION ,ANDTHERETAILLIQUORSTOREAPPLICANTNEED NOT APPLY SEPARATELY FOR A TRANSFER OF OWNERSHIP UNDER THIS SECTION.T HE RETAIL LIQUOR STORE APPLYING FOR A LICENSE TRANSFER AND MERGER PURSUANT TO SECTION 12-47-407 (1)(dIS INELIGIBLE FOR ATEMPORARYPERMITPURSUANTTOTHISSECTION .THELOCALLICENSING AUTHORITY SHALL CONSIDER THE REASONABLE REQUIREMENTS OF THE NEIGHBORHOOD PURSUANT TO SECTION 12-47-312 WHEN MAKING A -10- 199 DETERMINATION ON THE TRANSFER AND MERGER OF THE RETAIL LIQUOR STORELICENSESINTOASINGLERETAILLIQUORSTORELICENSE .THELOCAL LICENSING AUTHORITY MAY HOLD A HEARING ON THE APPLICATION FOR THE LICENSE TRANSFER AND MERGER AFTER PROVIDING NOTICE IN ACCORDANCE WITH SUBSECTION (1)(c)(IIOF THIS SECTIO.
(2) NotwithstandinganyprovisionofthisarticleTICLE 47tothe contrary, a local licensing authority may issue a temporary permit to a transferee of any retail class of alcohol beverage license issued by the local licensing authority pursuant to this article47 or article 46 ofthistitleITLE12;exceptthatalocallicensingauthorityshallnotissue a temporary permit to a RETAIL LIQUOR STORE OR liquor-licensed drugstore that has acquired ownership of licensed retail liquor stores in accordance with sectioSECTION 12-47-407 (1)(dOR 12-47-408 (1)(b).
(2) NotwithstandinganyprovisionofthisarticleTICLE 47tothe contrary, a local licensing authority may issue a temporary permit to a transferee of any retail class of alcohol beverage license issued by the local licensing authority pursuant to this article47 or article 46 of thistitleTLE12;exceptthatalocallicensingauthorityshallnotissue a temporary permit to a RETAIL LIQUOR STORE OR liquor-licensed drugstore that has acquired ownership of licensed retail liquor stores in accordance with sectioSECTION 12-47-407 (1)(dOR 12-47-408 (1)(b).
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SECTION 4.
SECTION 5.
(2) (a) Before entering any decision approving or denying the application,thelocallicensingauthorityshallconsider,exceptwherethis articleRTICLE 47specificallyprovidesotherwise,thefactsandevidence 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 whichapplicationhasbeenmade,thedesiresof the adult inhabitants, the number, type, and availability of alcohol beverage outlets located in or near the neighborhood under consideration, and any other pertinent mattersaffectingthequalificationsof theapplicantfortheconductofthe -10- SB17-199 typeofbusinessproposed;exceptthatthereasonablerequirementsofthe neighborhood shall not be considered in the issuance of a club liquor license.
(2) (a) Before entering any decision approving or denying the application,thelocallicensingauthorityshallconsider,exceptwherethis articleRTICLE 47specificallyprovidesotherwise,thefactsandevidence 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 hasbeenmade,thedesiresof theadultinhabitants, the number, type, and availability of alcohol beverage outlets located in or near the neighborhood under consideration, and any other pertinent -11- 199 mattersaffectingthequalificationsoftheapplicantfortheconductofthe typeofbusinessproposed;exceptthatthereasonablerequirementsofthe neighborhood shall not be considered in the issuance of a club liquor license.
SECTION 5.
SECTION 6.
(2) (a) The state licensing authority shall establish fees for processingthe following types of applications, notices, or reports required to be submitted to the state licensing authority:
(2) (a) The state licensing authority shall establish fees for processing the followingtypes of applications, notices, or reports required to be submitted to the state licensing authority:
SECTION 6.
SECTION 7.
(VI) FORATRANSFEROFOWNERSHIP ,CHANGEOFLOCATION ,AND LICENSE MERGER PURSUANT TO SECTION 12-47-407 (1)(d)NOT TO EXCEED ONE THOUSAND DOLLARS .
(VI) FORATRANSFEROFOWNERSHIP ,CHANGEOFLOCATION ,AND LICENSE MERGER PURSUANT TO SECTION 12-47-407 (1)(d)NOT TO -12- 199 EXCEED ONE THOUSAND DOLLARS .
-11- SB17-199 SECTION 7.
SECTION 8.
SECTION 8.
SECTION 9.
-12- SB17-199
-13- 199
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Amendments

1 amendment

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Action History

  1. Senate Committee on Appropriations Postpone Indefinitely

  2. Senate Committee on Finance Refer Unamended to Appropriations

  3. Senate Committee on Business, Labor, & Technology Refer Amended to Finance

  4. Introduced In Senate - Assigned to Business, Labor, & Technology

Sponsors

  • Andy Kerr · Primary
  • Larry Liston · Primary
  • Faith Winter · Primary
  • Tim Neville · Primary

Sponsorship breakdown

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4 sponsors · 0 co-sponsors · 98 not signed on · 1 voted No

Sponsors (4)

  • Andy Kerr
  • Larry Liston Republican
  • Faith Winter
  • Tim Neville

Co-sponsors (0)

None.

Not signed on (98)

98 members have not signed on to this bill.

Show all 98 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does SB 17-199 do?
Under current law, a retail liquor store licensee that was licensed on or before January 1, 2016, and is a Colorado resident is permitted to obtain one additional retail liquor store license on or after January 1, 2017; 2 additional retail liquor store licenses on or after January 1, 2022; and 3 additional retail liquor store licenses on or after January 1, 2027. With regard to additional retail liquor store licenses, the premises cannot be located within 1,500 feet of any other licensed retail liquor store in the same licensing jurisdiction or, if within a municipality with a population of not more than 10,000 people, the premises cannot be located within 3,000 feet of any other licensed retail liquor store in the same licensing jurisdiction. Also, in addition to selling malt, vinous, and spirituous liquors, a retail liquor store may sell nonalcohol products, but only if the sales revenues from nonalcohol products do not exceed 20% of the store's total annual gross sales revenues. The bill excludes from the calculation of sales revenues from nonalcohol products revenues from the sale of lottery products, cigarettes, tobacco products, nicotine products, ice, and nonalcohol beverages. With regard to multiple licenses, the bill retains the ability for a retail liquor store licensee that is a Colorado resident to obtain one additional retail liquor store license through July 1, 2017, if the new premises satisfies the distance requirements, and starting July 1, 2017, retains the distance requirements and replaces the current time periods and additional license provisions with a structure that mirrors the tiered structure for liquor-licensed drugstores to obtain additional licenses, as follows: For a retail liquor store licensee licensed as of January 1, 2017, that has been a Colorado resident for at least 2 years or has operated a business in Colorado for at least 10 years, in order to obtain an additional retail liquor store license on or after July 1, 2017, the applicant must apply to transfer ownership of 2 licensed retail liquor store licenses within the same local licensing jurisdiction as the premises for which a new license is sought and merge the 2 licenses into a single retail liquor store license; A retail liquor store that qualifies for additional retail liquor store licenses is eligible to obtain: 4 additional licenses, for a total of 5 retail liquor store licenses, on or after July 1, 2017; 7 additional licenses, for a total of 8 retail liquor store licenses, on or after January 1, 2022; 12 additional licenses, for a total of 13 retail liquor store licenses, on or after January 1, 2027; 19 additional licenses, for a total of 20 retail liquor store licenses, on or after January 1, 2032; and an unlimited number of additional retail liquor store licenses, on or after January 1, 2037. A retail liquor store is prohibited from allowing customers to use a self-checkout to complete an alcohol beverage purchase. A retail liquor store is required to: Verify the age of a customer attempting to purchase an alcohol beverage by examining the customer's valid identification; and Maintain certification as a responsible alcohol beverage vendor. An employee of a retail liquor store who is under 21 years of age cannot deliver or otherwise have contact with alcohol beverages offered for sale on, or sold and removed from, the licensed premises. (Note: This summary applies to this bill as introduced.)
Who sponsors SB 17-199?
SB 17-199 is sponsored by Andy Kerr, Larry Liston (Republican), Faith Winter, and Tim Neville.
What is the current status of SB 17-199?
This bill died with 2017 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 17-199?
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