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HomeMy WebLinkAbout2006-12 Liquor Forum LOCAL LICENSING AUTHORITY FORUM WEDNESDAY, DECEMBER 13, 2006 1:00 P.M. AGENDA I. Introductions and Opening Comments—Bill Bishop Chairman II. Vail Police Dept. and Town of Vail Prosecutor—Steve Wright and Inga Causey *Over Service *Assaults in Bars *Safe Bar Campaign Ill. State of Colorado Liquor Enforcement Division -Brian Dyet *Gambling/Other Games *Overservice *Underage drinking *Responsibilities of Establishments *After hours service/drinking *ID's *Other *Website for State of Colorado liquor rules and regulations is: http:llwww.revenues tats.co.uslliquor_dirlwrap.asp?incl=tawrules I IV. Vail Transportation Department Issues-Mike Rose *Bus hours of operation for winter *Late night bus issues and behavior V. Vail Police Department-Jennifer Roseley *TIPS training requirements and proof of training II' *TIPS classes VI. General Liquor Items of Discussion-Lorelei Donaldson *Timely notification to Local and State authorities of any changes to establishments(i.e. owner/manager/corp officer, modification of premises, transfer of ownership changes) *Renewal of licenses-timeframes, deadlines, turn documents in to TOV *Conduct/Sales Tax implications *SE on Licensed Premises involving alcohol, wine tastings, etc. *TIPS documentation to TOV *2007 Liquor Board Meeting schedule VII. Question and Answer Period VIII. Adjournment 12-47-301 Licensing in general. (7) A licensee shall report each transfer or change of financial interest in the license to the state licensing authority and,for retail licenses, to the local licensing authority, within thirty days after the transfer or change.A report shall be required for transfers of capital stock of a public corporation; except that a report shall not be required for transfers of such stock totaling less than ten percent in any one year, but any transfer of a controlling interest shall be reported regardless of size. It is unlawful for the licensee to fail to report a transfer required by this subsection (8). Such failure to report shall be grounds for suspension or revocation of the license. (8) Each licensee holding a fermented malt beverage on-premises license or on-and off- premises license, beer and wine license, tavern license, club license, arts license, or racetrack license shall manage such premises himself or herself or employ a separate and distinct manager on the premises and shall report the name of such manager to the state and local licensing authorities. Such licensee shall report any change in managers to the state and local licensing authorities within thirty days after the change. It is unlawful for the licensee to fail to report the name of or any change in managers as required by this subsection (8). Such failure to report shall I be grounds for suspension of the license. 12-47-302. License renewal. (1) Ninety days prior to the expiration date of an existing license, the state licensing authority shall notify the licensee of such expiration date by first class mail at the business'last-known address. Application for the renewal of an existing license shall be j made to the local licensing authority not less than forty-five days and to the state licensing authority not less than thirty days prior to the date of expiration. No application for renewal of a license shall be accepted by the local licensing authority after the date of expiration, except as provided in subsection (2)of this section, but filing with the local licensing authority shall be j deemed filing with the state, and all renewals filed with the local licensing authorities prior to expiration, and subsequently approved, shall be processed by the state licensing authority, and the expiration date is extended until the state license is processed.The state or the local licensing authority,for good cause, may waive the forty-five-or thirty-day time requirements set forth in this subsection (1).The local licensing authority may cause a hearing on the application for renewal to be held. No renewal hearing provided for by this subsection(1)shall be held by the local licensing authority until a notice of hearing has been conspicuously posted on the licensed premises for a period of ten days and notice of the hearing has been provided the applicant at least ten days r prior to the hearing.The licensing authority may refuse to renew any license for good cause, subject to judicial review. Any renewal hearing held by the state licensing authority shall be pursuant to section 12-47-305(2). co Colorado Department of Law Colorado Department of Revenue Attorney General's Office Limited Gaming Co of Commission *.Iw 1525 Sherman Street,7th Floor,Denver,CO 80203 1881 Pierce St.,Ste. 11 Lakewood,CO 80214-1496 a tt96« (303)866-4500•fax(303)866-5691 (303) 4355•fax(303)205-1342 JOINT POSITION ON ILLEGAL G LING ACTIVI'T'IES August 2005 INTRODUCTION The Colorado Constitution prohibits all forms of gambling unless specifically authorized by law.Authorized gambling includes the Colorado Lottery;live and off-track betting on horse and dog racing;bingo,raffles and charitable games licensed and regulated by the Secretary of State's Office;limited gaming in casinos in Black Hawk,Central City and Cripple Creek and on tribal reservation land; and"social"gambling. Any other gambling activity in Colorado is E subject to the criminal gambling provisions of Title 18,which defines gambling as risking anything of value for gain based in whole or in part upon chance,the operation of a gambling j device or the outcome of an event,including a sporting event. §18-10-101,et seq.,C.ILS. and §18-10-102(2),C.R.S. In August 2001,the Colorado Attorney General's Office and the Colorado Limited Gaming Control Commission issued a joint news release warning Colorado citizens of the perils of online and telephone gambling.This release was followed up with a series of joint advisory letters sent to media carrying advertising for illegal internet and telephone sports wagering.In August 2005,the Attorney General's Office and the Gaming Commission are revisiting the issue of internet gaming, along with the topic of organized poker tournaments in light of the increased popularity ulari of these events.This position statement will serve as the foundation for joint media statements and joint advisory letters on these two subject areas. INTERNET AND TELEPHONE SPORTS WAGERING Title 18 makes it a crime in Colorado to transmit or receive gambling information by any means or to knowingly install or maintain equipment for the transmission or receipt of gambling information. C.R.S. §18-10-106(1). In addition,the Federal Wire Act prohibits the use of wire communications in interstate or foreign commerce for the placing of bets or wagers or information assisting in the placing of bets or wagers. See, 18 U.S.C. § 1084. Similarly,the Federal Professional and Amateur Sports Protection Act of 1992 bans sports wagering in all states but Nevada. Violation of the Title 18 gambling provisions are predicate offenses under the Colorado Organized Crime Control Act, § 18-17-103(5)(b)(DO,C.R.S. Colorado law makes it a crime to intentionally promote or facilitate the commission of a criminal offense by aiding,abetting, advising or encouraging the offense. § 18-1-603, C.R.S. ' 1 Offshore sports books and Internet gambling sites cannot legally accept bets and wagers from Colorado residents in violation of the above-cited state and federal statutes. Because advertisements for such activity assist and encourage the violation of Colorado and federal Iaw by soliciting customers in Colorado to bet illegally,the advertising would also likely violate Colorado Consumer Protection statutes regarding deceptive trade practices. See, §§ 6-1- 105(1)(b), (d)and(u),C.R.S. ORGANIZED POKER TOURNAMENTS AND CHARITY EVENTS As stated above,for gambling to occur,three elements must be present:consideration, chance, and reward. These elements are sometimes expressed as"payment,luck,and prize." The first level of inquiry,then,is whether all three of these components are present,because by eliminating any one of them,the activity would not meet the definition of"gambling"as set forth in§18-10-102(2),C.R.S. in the first instance. For example,if the consideration component is eliminated and no fee,buy-in or other money is required or solicited from the participants in a poker tournament,then prizes may be awarded to the player(s)who perform well in the tournament. This is}pow several organized poker tournaments are able to operate legally outside the three gaming towns. On the other hand, if an organization charges a donation,fee or other buy-in for a poker tournament or other event, then it cannot legally distribute prizes based upon who wins or plays well in the tournament or event. Such organization could legally conduct a drawing,door prize or raffle as long as the prizes are randomly awarded and are not tied to success in the tournament or event. Likewise, the organization could legally conduct the tournament for the pure entertainment value alone. By disconnecting the prize from the risk element of the poker or other event,such activity would arguably not meet the definition of gambling. The Colorado Secretary of State handles permits for bingo and raffle events.. Perhaps the most misunderstanding surrounds charitable events. A misconception exists that if a tournament is for charity,or the prizes are donated,the charity could charge for the event. Such an event would be still be illegal under Title 18 because the three elements of gambling are present. Although the General Assembly approved a charitable gambling exception in the liquor code in 1979,it was repealed in 1983 because of the explosion of "charity"events,enforcement issues and problems encountered with the money actually going to the charities. Once the activity has met the legal definition of"gambling,"it can still be a legal activity if it meets the"social gambling"exception described in§18-10-102(2)(d), C.R.S. This exception provides that"gambling"does not include wagers or games which are incidental to a bona fide social relationship and are participated in by natural persons.A"bona fide social relationship"means that the parties must have an established social relationship based upon some other common interest other than the gambling activity. Further, one participating in such social game cannot directly or indirectly participate in "professional gambling,"which is defined in pertinent part in §18-10-102(8)(x),C.R.S.,as "aiding or inducing another to engage in gambling, with the intent to derive a profit therefrom.". This generally means that no one other than the players can profit from the game or activity in any manner.The profit does not need to be direct profit For example,if a liquor establishment or other commercial enterprise derives increased sales or revenues by attracting customers,even without charging a cover or other direct consideration,as the result of gambling taking place at that business,the business is considered to have profited from the activity. Section 18-10-102(1), C.R.S.,defines`profit"as any"realized or unrealized benefit,direct or indirect,including without limitation benefits from proprietorship,management,or unequal advantage in a series of transactions." These two criteria—a bonafide social relationship and no profit motive--must be present for a gambling activity to be considered legal"social gambling." f I I 8 „ Texas Hold'em—Take a things of value to participants in connection with chance or not! the use or operation of devices such as and includ- ing,but not limited to: ' � • Pool tables There have been many questions and calls to our office regarding • Billiard tables the game of Texas Hold'em or . Pinball machines Poker games. We thought with the help of Brian • Foosball machines Dyet,Investigator with the State of Colorado,De- partment of Revenue,Liquor Enforcement we • Basketball games would like to target some key issues that have been . Air hockey games asked. . Shuffleboard games .. • Dart games Texas Hold'em falls under "social gambling". For • Bowling games it to be considered social gambling two criteria that must be met. They are: 1)bona fide social re- • Golf games lationship and 2)no profit motive-must be present Licensees will not be considered in violation of this for a gambling activity to be considered legal regulation if they permit on their licensed premises; "social gambling." cards or similar games of chance to be played be- tween natural persons where no person is engaging "Bona fide social relationship". This means there m gambling as defined by 18-10-102(2)C.R.S. j must be an established relationship based upon some other common interest,other than the gam- Only participants of the game of skill,not ob- bling activity,outside of the establishment. Some servers,can place bets,ie.calcutta bettins is not establishments have everyone just introduce.them- permitted. selves at the tables....this does NOT qualify. Shake a Day—Dice Game. "No profit motive". A licensed premise can hold you may have seen this game somewhere;it is a game of chance but must not charge a fee of any played with 5 or 6 dice. You pay a$1,roll the dice, kind either directly or indirectly such as,but not if they all land of the same number you win the pot. limited to: Remember this is just like a slot machine without • Cover charge the machine,you are still wagering your money • Drink/food minimum with a chance to loose or win...THIS IS ILLE- •. Seat rental GALII • Buy-in(dollars paid for dollars given in chips or funny money) Pull Tabs Establishments with pull tabs must have a Club Li- cense and be licensed by the Secretary of State's Other Questions we have been asked: Office with a Bingo/Raffle license. Are there any games that can be wagered: Any additional questions or concerns,please feel free to contact Brian Dyet,Investigator at(970) A licensee is permitted to conduct,on it licensed 248-7133 or by email at premises,tournaments or competitions involving bdyet@soike.dor.state.co.us games of skill as permitted by 18-10-102(2)(a) C.R.S.,including the awarding of prizes or other is V DR 8487(03/07/06) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION MULTIPLE INTERESTS I Spaces marked with a "•"denote lawful financial interests among types of licenses. Spaces which are blank denote unlawful financial interests among types of licenses. j Example: a person owning or having a financial inter- CD m est in a hotel and restau- m a i rant license can own or o o CL 2 t have an interest in a tavern N �, � a o M � N license or in other hotel and o_ a = _' 6 � 0 0 € cc y fl) m a] 4) a) C `O C N N N N d C y restaurant licenses; but he/ Y _ m a she may not own or have a _ 300 m a J J °� B ~ ~ _ N y M m O U an interest in a retail liquor m .6 9 as N N 3 a> 7 d w O a1 N M d m a) _j j C c c c c ° 0 L t m m =F - store license. m z° E E w F- Q — J Mini Bar Permit • • • • Bed&Breakfast Permits • • • • • • • • • • • • Manufacturer(Spirits)* • • • • • • • • • Manufacturer(Wine)* 0 • • • • • • • • Manufacturer(Beer) • • • • • 10 • • • Limited Winery • • • • • • • • Nonresident Manufacturer(Beer) • • • • • Is • • • Importer(Wine&Spirits) • • • • • • • • • Importer(Beer) • • • • • • • • • • Wholesale(Beer) • • • • • • • • • Wholesale(Wine&Spirits) • • • • • • 91 1 Brew Pub • • • • • • • • • • • • R Retail Liquor Store • • • Liquor Licensed Drug Store • • • E Beer&Wine • • • • • • • • • • • • Hotel&Restaurant • • • • • • • • • • • • • T Tavern • • • • • • • • • • • • Club** • • Arts • • • • • • • • • • • • • • • • • A Race Track • • • • • • • • • • • • Public Transportation-Air • • • • • • • • • • • • • • • • Public Transportation-Surface • • • • • • • • • • • • • • • Optional Premises License • • • • • • • • • • • • L Retail Gaming Tavern • • • • • • • • • • • • Vintner's Restaurant • • • * 1 91 10 • • • • • • * Manufacturers of vinous and spirituous liquor may hold a wholesale license only for products of their own manufacture;pursuant to AG opinion. ** Any Colorado liquor licensee may be an officer or director of entity holding a club license,as long as such person does not individually manage or receive any financial benefit from the club. NOTE: As used above,beer does not include 3.2%beer. Source:Sec. 12-47-402,CRS through 12-47-420 CRS i Colorado Department of Revenue Page 1 of i Colorado Department of Revenue Home I SitaMap I Divisions I Jobs I Contact Ut Y Division of Liquor/Tobacco Enforcement David F. Dechant, Senior Director Matt D. Cook, Division Director About Us.... „ Services.... Sections.... Main Categories Hours during which liquor may be sold Brand Registration Bringing Liquor Stock in 3.2% Beer Licenses: Colorado 3.2% beer may be sold from 5:00 a.m. until midnight, 365 days a year. Enforcement Summaries Master File Licenses On-premises Liquor Licenses: Office Locations Licensees who sell alcohol beverage for consumption on the premises(e.g., taverns, Opinions and Position restaurants and brew pubs for on premises sales) may sell from 7:00 a.m. until 2:00 Statements a.m., 365 days a year. Responsible Vendors Tobacco Enforcement Program When clocks are turned back one hour for Daylight Savings Time at 2:00 a.m. in Online Services October, licensees may remain open the"extra"hour. Alcohol/Tobacco Tax&Trade Bureau Off-premises Liquor Licenses: Fee Schedule Licensees who sell alcohol beverage for consumption off the premises(Liquor Stores, Forms Drug Stores, and Brew Pub"to go"sales) may sell from 8:00 a.m. until midnight every Laws and Rules day except Sundays and Christmas. Licenses and Permits Other Related Links All liquor licenses: No prohibitions exist for sale or service of alcohol on election day. Publications & Info Pamphlets Statistics Quick Links Government Services Internal Revenue Service Labor and Employment Local Governments Property and Taxation Secretary of State State Telephone Directory Search This Site Gcrc�,lt • Printer-Friendly Version • Text-Friendly Version David F. Dechant Senior Director Matt D. Cook Division Director Department Home• Division Home Top •State Home•Federal Home•Contact Us Copyright Q 2003,Colorado Department of Revenue Privacy Statement Colorado Department of Revenue Page 1 of 1 � v ... Division of Liquor/Tobacco Enforcement David F. Dechant, Senior Director Matt D. Cook, Division Director About Us.... Services.... Sections.... Main Categories Age Requirements Brand Registration Bringing Liquor Stock in 3.2% Beer Licenses: Colorado A person who is 18 years of age, and is employed by a 3.2% beer licensed Enforcement Summaries establishment, is allowed to handle, stock, sell, serve, or dispense 3.2% beer in that Master File Licenses establishment.A person under 18 years of age is permitted to"handle"or"stock"3.2% Office Locations beer if employed by a 3.2% beer licensee and under the on-premises supervision of a Opinions and Position person who is at least 18 years of age. A person must be 21 years of age to possess, Statements purchase or consume 3.2% beer. Responsible Vendors Tobacco Enforcement Program On-premises Liquor Licenses: Online Services Malt, vinous and spirituous liquor may be handled, dispensed, or sold (this includes Online Services on- Alcohol/Tobacco Tax 8�Trade wait staff and bartenders) by anyone who is at least 18 years of age and under the on- Bureau premises supervision of a person who is at least 21 years of age with the following EXCEPTIONS: in Retail Liquor Stores and Taverns which do not regularly serve Fee Schedule meals, malt, vinous and spirituous liquor may only be sold by persons who are at Forms least 21 years of age. A person of any age may bus tables or handle empty alcohol Laws and Rules beverage containers. A person must be 21 years of age to possess, purchase or Licenses and Permits consume beer, wine or spirits. Other Related Links Publications& Info Pamphlets Off-premises Liquor Licenses: Statistics Employees of retail liquor stores and liquor licensed drug stores must be at least 21 Quick Links years of age to sell or distribute beer, wine or spirits. Government Services Internal Revenue Service Labor and Employment Local Governments Property and Taxation Secretary of State State Telephone Directory Search This Site �cx�lc • Printer-Friendly Version • Text-Friendly Version David F. Dechant Senior Director Matt D.Cook Division Director Department Home • Division Home Top•State Home•Federal Home•Contact Us Copyright"2003,Colorado Department of Revenue Privacy Statement httn://www.revenue.state.co.us/liauor dir/wrap.asp?incl=publications/infopaml 11/7/2006 Colorado Department of Revenue Pagel of 2 Colorado Department Divisions I Jobs I contw Division of Liquor/Tobacco Enforcement David F. Dechant, Senior Director Matt D. Cook, Division Director About Us.... Services.... Sections.... Main Categories Valid Proof of Age Brand Registration Bringing Liquor Stock in *Colorado law does not require that licensed establishments selling 3.2% beer, Colorado or regular beer, wine, and spirits, check identification for proof of age. Enforcement Summaries *Colorado law does not prohibit underage persons from entering and remaining Master File Licenses in licensed establishments. Office Locations *Colorado law does not require persons to carry proof of age. Opinions and Position •Colorado law does prohibit any licensed establishment from selling or serving Statements any alcohol beverages to an underage person. Responsible Vendors *Li censees should always check proof of age if there is the slightest doubt of the Tobacco Enforcement Program customers actual age. If no acceptable proof of age is available, no service should be provided. Online Services Alcohol/Tobacco Tax&Trade Identification Bureau Fee Schedule The following forms of identification (see Regulation 47-912)may be relied upon by Forms licensees to show proof of age. Note that each such ID has a photo and a description Laws and Rules of the bearer: Licenses and Permits Other Related Links 1. An operator's, chauffeur's or similar type driver's license containing a picture, Publications & Info Pamphlets and date of birth, issued by any state, Canada, Mexico or United States Statistics Territory. Quick Links 2. Identification card containing a picture, issued by any state for the purpose of Government Services proof of age in accordance with C.R.S. 42-2-402. Internal Revenue Service 3. Military identification card. 4. Passport. Labor and Employment 5. Alien registration card. Local Governments 6. A valid employment authorization card containing a picture and date of birth Property and Taxation issued by the U.S. Department of Justice, Immigration and Notarization service. Secretary of State State Telephone Directory If a licensee reasonably relies on one of the above ID's for proof of age, that licensee's liquor license cannot be suspended or revoked for sale to a minor. If, however, a licensee relies on any other type of ID, his license can still be suspended or revoked if Search This Site the customer with the ID turns out to be underage. Licensees need not take chances, Gc},�q1t and they should only accept one of the five types of proper ID's above. Persons without proper ID can always be refused service of alcohol. • Printer-Friendly Version False Identification • Text-Friendly Version Licensees are permitted under CRS 12-47-901(5)(a)(II)to confiscate suspected false or fraudulent identification. Confiscated identification must be turned over to a state or local law enforcement agency within 72 hours.The following are some methods which can be used to detect false ID's: 1. Ask for a second piece of identification. 2. Put a flashlight behind a Colorado driver's license to spot alterations. http://www.revenue.state.co.us/liquor_dir/wrap.asp?incl=publications/infopaM2 11/7/2006 Colorado Department of Revenue Page 2 of 2 3. Check for an extra layer of lamination. i 4. Look at both sides of an ID for alterations. David F. Dechant Senior Director Matt D. Cook Division Director Department Home•Division Home Top•State Home •Federal Home•Contact Us Copyright @ 2003.Colorado Department of Revenue Privacy Statement http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=publications/infopam2 11/7/2006 I Colorado Department of Revenue Page 1 of 1 Colorado Department of Revenue Home I SftMap I Divisions I Jobs I Contact Us Division of Liquor/Tobacco Enforcement David F. Dechant, Senior Director Matt D. Cook, Division Director About Us.... Services.... Sections.... Main Categories Food Service Requirements Brand Registration Bringing Liquor Stock in 3.2 % Beer Licenses: Colorado 3.2% Beer Licensees are not obligated to serve food at any time. Enforcement Summaries Master File Licenses On-Premises Liquor Licenses: Office Locations Club licensees, Arts licensees, Optional premises licensees, and Public Transportation Opinions and Position System licensees are not obligated to serve food at any time. Statements Responsible Vendors Hotel and Restaurant licensees must have full meals available until 8:00 p.m. Tobacco Enforcement Program everyday, and snacks and sandwiches after 8:00 p.m. Food sales must provide at least Online Services 25%of the gross income from the sale of food and beverages. Alcohol/Tobacco Tax&Trade Bureau Brew Pubs must serve meals and must derive 15%of the on-premises gross sales Fee Schedule from the sale of food. Forms Laws and Rules Taverns, Gaming Taverns, and Beer and Wine licensees must have sandwiches and Licenses and Permits snacks available during operating hours. Other Related Links Publications & Info Pamphlets Racetracks are required to have food available during hours of operation. Statistics Quick Links When food is required to be served, it must be available wherever alcoholic beverages Government Services are served. Internal Revenue Service Off-premises Liquor Licenses: Labor and Employment Liquor stores are prohibited from the sale of food items except those approved by the Local Governments State Licensing Authority that are prepackaged, labeled, directly related to the Property and Taxation consumption of liquor, and are sold in containers up to 16 ounces for the purpose of Secretary of State cocktail garnish. Liquor-licensed Drug stores are not subject to prohibitions or State Telephone Directory requirements regarding sale of food items. Search This Site • Printer-Friendly Version • Text-Friendly Version David F. Dechant Senior Director Matt D. Cook Division-Director Department Home• Division Home Top•State Home• Federal Home•Contact Us Copyright(D 2003,Colorado Department of Revenue Privacy Statement 1,++.,•/hi�znv ra� anna c+a+r-nn ne/Uminr Air/mratn 11/7/2006 Colorado Department of Revenue Page 1 of'l Colorado Department of Revenue Home I SiteMap I Divisions I Jobs I Contact M Division of Liquor/Tobacco Enforcement David F. Dechant,Senior Director Matt D. Cook, Division Director About Us.... Services.... Sections.... Main Categories Where alcohol may be consumed Brand Registration Bringing Liquor Stock in It is illegal to consume spirits, wine, or malt liquor(all beer other than 3.2% beer) in Colorado public other than in a place which is licensed for that purpose, such as a tavern.The Enforcement Summaries consumption of 3.2% beer in public is not prohibited by state laws; however, many Master File Licenses cities and counties have laws prohibiting the possession of open alcohol beverage Office Locations containers in public. Such 'open container"laws may apply to containers of 3.2% beer Opinions and Position and thus may limit the places where 3.2% beer may be consumed. Statements Responsible Vendors It is also illegal to bring any type of alcohol beverage into any place which sells alcohol Tobacco Enforcement Program beverages.Thus, alcohol beverage may not legally be brought into any restaurant, Online Services sports stadium or similar liquor licensed establishment. Similarly, patrons cannot bring Alcohol/Tobacco Tax &Trade their own alcohol beverages into restaurants without liquor licenses because of the Bureau prohibition on public consumption. Fee Schedule Alcohol beverages may not be taken out of licensed establishments, except those Forms places which sell for consumption off the licensed premises, such as a liquor store. Laws and Rules Licenses and Permits Other Related Links Publications & Info Pamphlets Statistics Quick Links Government Services Internal Revenue Service Labor and Employment Local Governments Property and Taxation Secretary of State State Telephone Directory Search This Site Gac'Ale • Printer-Friendly Version • Text-Friendly Version David F. Dechant Senior Director Matt D. Cook Division Director Department Home • Division Home Top •State Home•Federal Home•Contact Us Copyright CD 2003,Colorado Department of Revenue Privacy Statement http://www.revenue.state.co.us/liquor_dir/wrap.asp?incl=publications/infopam5 11/7/2006 Colorado Department of Revenue Page 1 of 1 Colorado Department of Revenue Home I Sitahlap I Dlvi%lons I Jobs I Canbc us iw , Division of Liquor/Tobacco Enforcement David F. Dechant, Senior Director Matt D. Cook, Division Director About Us.... Services.... Sections.... Main Categories Sign Of alcohol intoxication Brand Registration Bringing Liquor Stock in Within the Colorado Liquor, Beer and Special Event Codes, there are specific Colorado prohibitions against providing alcohol beverages to intoxicated parties. Enforcement Summaries Master File Licenses Specifically the law states Office Locations Opinions and Position It is unlawful for ANY PERSON to sell, serve, give away, dispose of, exchange, or Statements deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to . . .a Responsible Vendors VISIBLY INTOXICATED person. [CRS 12-47-901 (1)(a)] Tobacco Enforcement Program Online Services . It is unlawful for ANY PERSON LICENSED TO SELL AT RETAIL pursuant to this Alcohol/Tobacco Tax&Trade article:to sell an alcohol beverage to . . . a VISIBLY INTOXICATED person . [CRS 12- Bureau 47-901 (5)(a)] Fee Schedule Forms EACH PERSON LICENSED UNDER THIS ARTICLE . . . shall not permit on his Laws and Rules licensed premises the serving or loitering of an APPARENTLY INTOXICATED person . Licenses and Permits [CCR 1 203-2Regulation 47-900] Other Related Links Publications & Info Pamphlets NOTE: All words capitalized are for emphasis only. Statistics Quick Links Within the Liquor Code, the terms "intoxicated", "visibly intoxicated", and "apparently Government Services intoxicated" have not been specifically defined, and they do NOT relate to specific blood alcohol concentrations. No specific alcohol level is defined because it is the Internal Revenue Service intent of the statute that the judgment related to whether a person is intoxicated is not Labor and Employment to be based on chemical testing of that person's blood or breath, but merely on an Local Governments assessment of the party based on what you can see, hear, or even smell. Your Property and Taxation determination of whether another person is intoxicated is to be based on a combination Secretary of State of factors related to his or her physical actions and appearance—they may include speech (is the person excessively loud, is his speech clear?), eyes(are the eyes State Telephone Directory bloodshot or glassy-looking?), walking or sitting(does the person have proper balance?, does he stumble or lean?). Search This Site C,cu�le • Printer-Friendly Version • Text-Friendly Version David F. Dechant Senior Director Matt D. Cook Division Director. Department Home•Division Home Top•State Home•Federal Home•Contact Us Copyright C')2003,Colorado Department of Revenue Privacy Statement httn•//xxnxrw rPxiPnaiP etatP rn me/liminr rl;r/xxrran 11/7/2006 Colorado Department of Revenue Pagel of 2 Colorado Department of Revenue Home I SiteMap I DMMons I Jobs I conuct us i 11004 4 5£ Division of Liquor/Tobacco Enforcement David F. Dechant, Senior Director Matt D. Cook, Division Director About Us.... Services.... Sections.... Main Categories Alcohol Intoxication Evaluation Chart Brand Registration Bringing Liquor Stock in This chart is not intended to be all inclusive but is only a guideline.Although the Colorado various signs are listed in the order which they often appear, they may manifest Enforcement Summaries themselves in some other order.Also, some may be more apparent than others and Master File Licenses some may not be present at all. It is also possible that a number of these signs could Office Locations be present for reasons other than intoxication. Opinions and Position Statements If you use the chart objectively, remembering to look at the combination of factors Responsible Vendors coupled with your personal experience, you should find it to be a helpful aid in making Tobacco Enforcement Program a decision regarding a person's level of sobriety. Online Services Alcohol/Tobacco Tax&Trade Eye/Vision MouthlSpeech Appearance/Coordination Behavior Bureau Odor of alcohol Order more than one Fee Schedule Bloodshot beverage Flushed face drink at a time Forms Watery Drinking too fast Mussed hair =Ordering "doubles" Laws and Rules Licenses and Permits Loss of eye Loud/boisterous Clothing in disarray Playing drinking games Other Related Links contact chugging Publications & Info Pamphlets Crying 71AItered speech Soiled clothing Change in emotions Statistics 1pattern Quick Links Inability to Government Services Inability to pronounce Strong body odor Poor judgment focus Internal Revenue Service words Labor and Employment Double Slurring of creased dexterity Annoying behavior Local Governments vision words De Lighting more Property and Taxation -Ystagmus Overly friendly to Secretary of State evaluation than one Fumbling strangers cigarette State Telephone Directory 'Slowed Difficulty in picking-up pupil Vomiting change Acting flirtatious Search This Site reaction le 'Decreased respiration General clumsiness Animated • Printer-Friendly Version -Breath test Spilling drinks Entertaining • Text-Friendly Version Playing music Uneven gait abnormally loud Poor balance Lack of concentration [Staggering Difficulty in 11understanding questions Tripping Difficulty in understanding http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=publications/infopaM7 11/7/2006 Colorado Department of Revenue Page 2 of 2 11instructions *Hand-eye evaluation Difficulty in adding amounts on check One leg stand evaluation Letting a cigarette burn 11without smoking it F Walk and turn evaluation Careless handling of money I*Rhomberg evaluation jAbnormal tipping I*Decreased pulse rate Obnoxious behavior *Blood test Arguing about prices *Urine test Complaining about strength of drink Mean/aggressive/hostile Sullen/brooding Becoming detached from surroundings Drowsiness Unconsciousness Death NOTE:Those items designed with an asterisk(')are evaluation procedures that are to be used only by law enforcement or medical personnel and require special training David F. Dechant Senior Director Matt D.Cook, Division Director Department Home•Division Home Top •State Home•Federal Home•Contact Us Copyright O 2003,Colorado Department of Revenue Privacy Statement http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=publications/infopam7 11/7/2006 Colorado Department of Revenue Pagel of 2 Colorado t of Revenue Home • I Mvisions .., I Contact I rt Division of Liquor/Tobacco Enforcement David F. Dechant,Senior Director Matt D. Cook, Division Director About Us.... Services.... Sections.... - ' • Main Categories Special Event Permits Brand Registration Bringing Liquor Stock in What: A Special Event Permit authorizes the sale of alcohol beverages by the drink to Colorado the public. There are two types of Special Event Permits—one allows sale of malt, Enforcement Summaries vinous, and spirituous liquor, the other allows only the sale of 3.2% beer. Master File Licenses Office Locations Who: Those who qualify for Special Event Permits may or may not currently have a Opinions and Position liquor license and must be one of the following: Statements Responsible Vendors •O rganizations that are not for profit and have been incorporated pursuant to Tobacco Enforcement Program Colorado law for purposes of a social, fraternal, patriotic, political, or athletic Online Services nature, Alcohol/Tobacco Tax&Trade •A regularly chartered branch, lodge or.chapter of a national organization or Bureau society organized for such purposes,which is non-profit, Fee Schedule *A n organization which is a regularly established religious or philanthropic Forms institution, •A political candidate who has filed the necessary reports with the Colorado Laws and Rules Secretary of State, Licenses and Permits •A municipality owning arts facilities at which productions of an artistic or cultural Other Related Links nature are held. Publications & Info Pamphlets Statistics Where: A special event may be conducted on the licensed premises of a Club or Arts Quick Links liquor licensed establishment, or other non-licensed locations. Government Services Internal Revenue Service How: The applicant must submit the following documents, among others that may be required, to the proper local licensing authority at least 30 days prior to the event, and Labor and Employment to the State Licensing Authority at least 10 days prior: Local Governments Property and Taxation .T he appropriate document proving eligibility to conduct an event. Secretary of State •A property or rental agreement which provides that the location may be used for State Telephone Directory event purposes. *A diagram of the proposed area, specifying dimensions and the method which Search This Site will be used to control access. *A completed Special Event application. ; G.cx ,lc" eA ppropriate fees. • Printer-Friendly Version When: The event must be held on the date, time, and location specified in the • Text-Friendly Version application and may not be changed. Ten event days are allowed per calendar year and may be held separately or in any combination. If an event is canceled, the application fees and the day(s)are forfeited. Sales may occur between the hours of 5 a.m. and midnight of the day specified for a 3.2% beer permit; and between the hours of 7 a.m., of the day specified, and 2 a.m. of the following day for malt, vinous and spirituous permits. The Special Event Permit and an appropriate Minor Warning Sign must httn•//www.revenne state nn me/lirnior (lir/wran.asn?incl=nuhlieations/infonamg 11/7/2006 Colorado Department of Revenue Page 2 of 2 be conspicuously displayed during the event. David F. Dechant Senior Director Matt D. Cook Division Director Department Home• Division Home Top•State Home•Federal Home•Contact Us Copyright C'�2003,Colorado Department of Revenue Privacy Statement http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=publications/infopam8 11/7/2006 Colorado Department of Revenue Page 1 of 1 Colorado Department of Revenue Noma I Sftmap I Divisions 1 Jobs I Contact Us WKIN Division of Liquor/Tobacco Enforcement David F. Dechant,Senior Director Matt D. Cook, Division Director About Us.... Services.... Sections.... Main Categories Requirements to hold a retail liquor or 3.2% beer license Brand Registration Bringing Liquor Stock in A retail liquor or 3.2% beer license may be held by: Colorado Enforcement Summaries •natu ral persons Master File Licenses •c orporations Office Locations •gen eral and limited partnerships Opinions and Position •husba nd-wife partnerships Statements •I imited liability companies Responsible Vendors Tobacco Enforcement Program Registration: Corporation and limited liability companies must also be registered Online Services with the Colorado Secretary of State's office and be authorized to conduct business in Alcohol/Tobacco Tax&Trade the State of Colorado. Bureau Fee Schedule Age: An individual must be at least 21 years of age to hold either license. Individual Forms who are members of a legal partnership or who are officers or directors of a Laws and Rules corporation must also be 21 years of age. Licenses and Permits Other Related Links Citizenship: An applicant cannot be denied a license on the grounds that the Publications& Info Pamphlets individual is not a United States citizen or a Colorado resident. Statistics Disqualifications: A license may be denied if an applicant is not of satisfactory Quick Links character, record, or reputation; however, a license may be granted to a person with a Government Services criminal record if that individual can satisfactorily demonstrate evidence of Internal Revenue Service rehabilitation. Labor and Employment Local Governments Sheriffs, deputy sheriffs, police officers, state liquor investigators, and prosecuting Property and Taxation attorneys may hold 3.2% beer licenses, but may not hold a liquor license. Secretary of State State Telephone Directory Search This Site +Gc�r�,le • Printer-Friendly Version • Text-Friendly Version David F. Dechant, Senior Director Matt D. Cook Division Director Department Home• Division Home Top•State Home•Federal Home•Contact Us Copyright Cc 2003,Colorado Department of Revenue Privacy Statement http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=publications/infop9 11/7/2006 Colorado Department of Revenue Page 1 of 2 Colorado t f Division of Liquor/Tobacco Enforcement David F. Dechant, Senior Director Matt D. Cook, Division Director About Us.... Services.... Sections.... Main Categories Colorado Retail Liquor and Beer Licenses and Permits Brand Registration Bringing Liquor Stock in Retail Liquor Store license permits the sale to the public of malt, vinous, and Colorado spirituous liquors in sealed containers for consumption off the premises. Enforcement Summaries Master File Licenses Liquor-Licensed Drug Store license permits licensed drugstores to sell malt, vinous, Office Locations and spirituous liquors to the public in sealed containers for consumption off the Opinions and Position premises. Statements Responsible Vendors Tavern license permits the sale to the public of malt, vinous, and spirituous liquors for Tobacco Enforcement Program consumption on the premises. Online Services Alcohol/Tobacco Tax&Trade Hotel and Restaurant license permits restaurants, and hotels with restaurant facilities, Bureau to sell malt, vinous, and spirituous liquors to the public for consumption within the Fee Schedule licensed premises. Forms Laws and Rules Beer and Wine license permits the sale of malt and vinous liquors only to the public for Licenses and Permits consumption on the licensed premises. Other Related Links Publications& Info Pamphlets Club license permits qualifying non-profit corporations to sell malt, vinous, or spirituous Statistics liquors to members and their guests for consumption on the premises. Quick Links Government Services Arts license permits qualifying non-profit corporations and municipalities to sell malt, vinous, and spirituous liquors to patrons of artistic and cultural performances for Internal Revenue Service consumption on the premises in connection with such performances. Labor and Employment Local Governments Bed and Breakfast Permit allows complimentary alcohol beverages to be provided Property and Taxation only to overnight guests during limited hours for consumption on the premises. Secretary of State State Telephone Directory Racetrack license permits racetracks with pari-mutuel wagering to sell malt, vinous, and spirituous liquors to customers for consumption on the premises. Search This Site Public Transportation System license permits operators of a public transportation �cx ,Ie system to sell malt, vinous, and spirituous liquors to the public for consumption on the conveyances, cars, or planes of the system, or in private club rooms in airports or • Printer-Friendly Version airport concourses. • Text-Friendly Version Optional Premises license permits the sale on a licensed outdoor sports and recreational facility of malt, vinous, and spirituous liquors by the drink to customers for consumption on the premises. 3.2% Beer license permits the sale of fermented malt beverage(3.2% beer)to the public by the drink for consumption on the premises, or in sealed containers for off- premises consumption, or for both on-and off-premises consumption, depending upon the type of license issued. http://www.revenue.state.co.us/liquor_dir/wrap.asp?incl=publications/infopal 0 11/7/2006 Colorado Department of Revenue Page 2 of 2 Mini Bar Permits allow a hotel and restaurant licensee (owner)who has a separate hotel facility, if located within 1,000 feet of its existing hotel and restaurant license, to establish mini bars in guest rooms at the hotel. Delivery Permit allows the delivery of alcohol beverages to locations off the licensed premises in sealed containers. Permits are only available to off premises retail licensees and to 3.2 beer licensees who hold on/off combination licenses. Brew Pub license allows sale and consumption on premises of malt, vinous and spirituous liquors, and permits the manufacture of malt liquor on the licensed premises. Malt liquor which is manufactured on licensed premises may be sold for consumption on the premises, sold to an independent wholesaler for distribution to other licensed retailers, or sold to the public in properly labeled sealed containers "to go." Retail Gaming Tavern license allows sale of malt, vinous and spirituous liquor by the drink for consumption on the premises. Vintner's Restaurant means a retail establishment that sells food for consumption on the premises and that manufactures not more than two hundred fifty thousand gallons of wine on its premises each year. David F. Dechant Senior Director Matt D. Cook Division Director Department Home•Division Home Top•State Home• Federal Home•Contact Us Copyright C;2003,Colorado Department of Revenue Privacy Statement http://www.revenue.state.co.us/liquor_dir/wrap.asp?incl=publications/infopal0 11/7/2006 Colorado Department of Revenue Page 1 of 1 Colorado Department of Revenue Homo I SitaMap I Divisions Jobs Contact us " Division of Liquor/Tobacco Enforcement David F. Dechant, Senior Director Matt D. Cook, Division Director About Us.... Services.... Sections.... Main Categories What Constitutes a licensed premises Brand Registration Bringing Liquor Stock in Within the Colorado Liquor Code, "licensed premises" means the premises specified in Colorado an application for a license which are owned or in possession of the licensee within Enforcement Summaries which such licensee is authorized to sell, dispense, or serve alcoholic beverages.The Master File Licenses licensee must submit a diagram of the licensed premises at the time of application. The Office Locations diagram should be on an 8-1/2"x 11" piece of paper, it may be hand drawn using a Opinions and Position ruler; it does not have to be to scale but should state the outside dimensions of the Statements structure.Additionally, the various rooms should be labeled with details of storage and Responsible Vendors serving areas, such as coolers, the bar, entrances, exits and passages. Tobacco Enforcement Program Online Services The licensed premises must be clearly indicated. If located in a shopping center or Online Alcohol/Tobacco Tax $�Trade strip center provide only a diagram of the area to be licensed, not the entire shopping Bureau center. If an establishment has several floors, a diagram should be submitted for each floor if they are substantially different. However, if the floors are essentially the same, Fee Schedule such as might be the case in a hotel, then one diagram of the main floor accompanied Forms with an additional diagram of a typical guest floor, stating that there are"x"number of Laws and Rules similar floors will be satisfactory. _ Licenses and Permits Other Related Links For someone who has never made a diagram of a licensed premises, it may be helpful Publications& Info Pamphlets to think of the lines of delineation as solid walls. With this in mind, it should be noted Statistics that alcohol must be stored within the licensed premises and that a "Hotel and Quick Links Restaurant Liquor License" must also have a fully operational kitchen within the licensed premises. Keep in mind, that if an area is not part of the licensed premises, no Government Services alcohol can ever be in that area. Therefore, a licensed premises' rooms and/or Internal Revenue Service passages must connect. Labor and Employment Local Governments The licensee must at all times have legal possession of the licensed premises through Property and Taxation ownership, lease or other written arrangement which must only be in the name of the Secretary of State licensee. Additionally, a licensed premises must also qualify under other laws and regulations such as zoning, health and fire codes. State Telephone Directory Once an establishment is granted a license, the licensee may not materially or Search This Site substantially alter the licensed premises without prior written approval from both the Ccuc local and state licensing authorities. To "alter" means: any increase or decrease in the capacity of the establishment; moving, adding or increasing the size of a bar;the sealing off, creation of, or relocation of doors or passages. In short, a licensee may not • Printer-Friendly Version change or modify the premises in such a way that would affect the basic character or • Text-Friendly Version physical structure as it was previously approved, unless new approval is obtained. David F. Dechant, Senior Director Matt D.-Cook,Division Director Department Home• Division Home Top•State Home•Federal Home•Contact Us Copyright Cc)2003,Colorado Department of Revenue Privacy Statement http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=publications/infopam11 11/7/2006 Colorado Department of Revenue Page 1 of 1 Colorado Department Revenue Horne I sitemap I Divisions Division of Liquor/Tobacco Enforcement David F. Dechant,Senior Director Matt D'. Cook, Division Director About Us.... Services.... - Sections.... Main Categories Brew Pub liquor license Brand Registration Bringing Liquor Stock in A"Brew Pub"license allows: Colorado Enforcement Summaries •s ales of malt, vinous, and spirituous liquor for consumption on the premises Master File Licenses •m anufacture of up to 1,860,000 gallons of malt liquor annually on its premises Office Locations Opinions and Position Malt liquor manufactured on the premises may be: Statements Responsible Vendors •s old and consumed on the premises Tobacco Enforcement Program •s old to the public in sealed containers for consumption off the Online Services premises Alcohol/Tobacco Tax&Trade •s old at wholesale to retailers in an amount up to 300,000 gallons Bureau per calendar year Fee Schedule •s old to independent wholesalers for distribution to retailers Forms Laws and Rules On premises Licenses and Permits A brew pub may sell malt, vinous and spirituous liquors in the place where they are to Other Related Links be consumed from 7:00 a.m. until 2:00 a.m. every day of the week. Publications$� Info Pamphlets Publican Brew Pubs are required to sell food as a part of their on-premises business operation. Quick Links Food sales must constitute 15% of the gross on-premises food and drink income of the brew pub. "Food" by statute means a quantity of foodstuff of such nature as is Government Services ordinarily consumed by an individual at regular intervals for the purpose of sustenance. Internal Revenue Service Labor and Employment Off- premises Local Governments Brew pubs may sell only malt liquor of their own manufacture in sealed containers for Property and Taxation off-premises consumption, from 8:00 a.m. until midnight, Monday through Saturday. No Secretary of State off-premises sales are allowed on Sundays. State Telephone Directory Search This Site • Printer-Friendly Version • Text-Friendly Version David F. Dechant Senior Director Matt D. Cook Division Director Department Home• Division Home Top•State Home•Federal Home-Contact Us Copyright 02003,Colorado Department of Revenue Privacy Statement http://www.revenue.state.co.us/liquor_dir/wrap.asp?incl=publications/infl 2 11/7/2006 Colorado Department of Revenue Pagel of 2 Colorado i ► . of Revenue Homo I SiteMap I Divisions I Jobs I Contact us f Division of Liquor/Tobacco Enforcement David F. Dechant, Senior Director Matt D.Cook, Division Director About Us.... Services.... Sections.... r Main Categories Direct Shipment of alcohol beverage to consumers Brand Registration Bringing Liquor Stock in As a general rule the direct shipment of alcohol beverages from an out-of-state Colorado supplier to a Colorado consumer is prohibited under Colorado law. Some exceptions Enforcement Summaries do exist however. Master File Licenses Office Locations •T he first exception is for licensed wineries that reside in a state Opinions and Position that grants reciprocal shipping privileges to Colorado wineries. Statements Consumers must place their order in person at the out-of-state Responsible Vendors winery for later shipment into Colorado.These shipments are Tobacco Enforcement Program limited to two cases of wine per month. Online Services Alcohol/Tobacco Tax&Trade The shipping container of any vinous liquors sent into or out Bureau of this this state under this exception must be clearly Fee Schedule labeled to indicate that the package cannot be delivered to Forms a minor, or to an intoxicated person. Laws and Rules In addition, the out-of-state winery must obtain a wine Licenses and Permits shipping permit from the state licensing authority before Other Related Links shipping into Colorado. Licensed wineries that reside in Publications & Info Pamphlets reciprocal shipping states should contact the Colorado Statistics Liquor Enforcement Division for a "Delivery Permit' Quick Links application. Permit cost is$50.00 per year, and this fee will Government Services be waived for permit applicants who already hold a valid Internal Revenue Service Colorado Wine and Spirits Importers liquor license. Labor and Employment •A second exception can occur when a Colorado retail liquor Local Governments store has contracted with an out-of-state ordering service. In Property and Taxation this case, the ordering service takes the order and coordinates the Secretary of State delivery of alcohol beverages through a Colorado retail liquor State Telephone Directory store. The retail liquor store then makes the delivery from its licensed premises to a legal age Colorado consumer. Search This Site Retail liquor stores who deliver alcohol to consumers in Colorado arerequired to Gc�:�g,1e maintain logs that verify both the age and identity of the person who places the liquor delivery order and the age and identity of the person accepting delivery. Retail liquor stores who deliver alcohol to consumers must obtain a delivery permit from the • Printer-Friendly Version Colorado Liquor Enforcement Division, before beginning deliveries. Permits are no • Text-Friendly Version cost. Common carriers who act as delivery agents for anyone who ships alcohol beverages into Colorado are required to obtain evidence that the person for whom they are shipping has a Colorado issued liquor license or permit. Common carriers who make deliveries for businesses or persons who do not have a license or permit are subject to criminal charges. httD://www.revenue.state.co.us/liauor dir/wraD.asp?incl=vublications/infl3 11/7/2006 Colorado Department of Revenue Page 2 of 2 David F. Dechant Senior Director Matt D. Cook, Division Director Department Home•Division Home Top•State Home• Federal Home•Contact Us Copyright O 2003,Colorado Department of Revenue Privacy Statement http://www.revenue.state.co.us/liquor dir/wrao.asp?incl=publications/infl3 11/7/2006 Coloradb lepartinent of Revenue Page 1 of 5 t Colorado li 1 r of Revenue w Division of Liquor/Tobacco Enforcement David F. Dechant, Senior Director Matt D. Cook, Division Director About Us.... - Services.... - Sections.... Main categories Model Guidelines Concerning Compliance Checks for Brand Registration Underage Alcohol Sales Bringing Liquor Stock in Colorado The model guidelines contained in this WebPages are the result of a cooperative effort Enforcement Summaries of a workgroup comprised of representatives of local law enforcement, the liquor Master File Licenses industry, municipal and county governments, and the legal profession,which met from Office Locations August through December 1997. Chaired by the Colorado Liquor Enforcement Opinions and Position Division, the workgroup convened following the defeat of legislation introduced during Statements the 1997 session which attempted to restrict the use of compliance checks as an Responsible Vendors enforcement tool.The workgroup was charged with the task of developing model Tobacco Enforcement Program guidelines which could be used by alcohol enforcement and licensing agencies. Online Services Alcohol/Tobacco Tax&Trade Workgroup members endeavored to create a fair, effective, and workable set of Bureau guidelines that can be used by municipalities and counties regardless of their size. In Fee Schedule doing so, the workgroup recognized the sometimes irreconcilable differences between Forms governments and law enforcement agencies,who must respond to varying community Laws and Rules standards and expectations, and the liquor industry's desire for consistency and equity in how they are treated from one community to another in response to law violations. Licenses and Permits Other Related Links It should be noted that there was essentially unanimous agreement by workgroup Publications& Info Pamphlets participants regarding the value of server training for managers and employees of Statistics liquor-licensed establishments. As a result, within the section entitled Suggested Quick Links Penalties, a recommendation is made to consider voluntary server training as a Government Services mitigating factor when considering a sanction for the licensee for a first-time offense in Internal Revenue Service certain situations. Further, die to the strong support for such training, organizations which provide server training within the state will make that information available to the Labor and Employment Colorado Municipal Clerks Association,the Colorado Municipal League and Colorado Local Governments County Clerks Association including dates and locations of various training programs, Property and Taxation for distribution to their memberships. Secretary of State State Telephone Directory Finally, adoption and use of these guidelines is not meant to preclude or discourage the use of other enforcement methodologies, such as"cops in shops,"server training, or surveillance,which also promote and encourage industry compliance with the laws Search This Site prohibiting alcohol sales to minors. Gcx�1K . Purpose: • Printer-Friendly Version • Text-Friendly Version Compliance checks regarding alcohol sales to underage persons are an established, common, and widely-used method for law enforcement agencies to respond to community concerns regarding the sale of alcohol to minors.They are conducted to determine levels of compliance with state law and result in an increase in voluntary compliance. In order to address both the varying standards in communities and the desire for consistent application of enforcement, these guideline offer a range of penalties that can be used by law enforcement agencies and liquor licensing authorities. http://www.revenue.state.co.us/liquor_dir/wrap.asp?incl=publications/pub8 11/7/2006 c Colorado Department of Revenue (• Page 2 of 5 1 Guidelines: I.A compliance check, sometimes referred to as a sting, is a proactive enforcement approach to the problem of liquor sale-to-minor violations.A person under the age of 21 years(minor, underage purchaser)is enlisted to attempt to purchase alcohol beverages from a liquor licensee.A compliance check provides as investigative i avenue for the defection and deterrence of liquor sales to underage persons. Such checks may be used: A. When a complaint has been logged that a licensee is selling to persons under age 21 years. B. On a random basis, to ascertain levels of compliance among licensees and to deter sales to minors generally. i II.The underage purchaser: A. Should be within the range of 18 and 20 years of age,with age- appropriate appearance and no age enhancements. k B. May have no criminal history or pending criminal charges,with the exception of non-alcohol related traffic offenses or petty offenses. C. Should have a photograph taken as he/she appears on the date of the operation.The photo is to be held as evidence. D. Must be willing and available to testify. E. Should be advised of and agree to all procedures prior to attempt to purchase. F. Should be asked if he/she has purchased or been served alcohol in the target establishment in the past. G. May be compensated, but no based on number of successful purchases. 111. Identification A. The underage purchaser may: 1. Carry and use his/her own, valid identification. 2. Carry no identification, and respond, if asked, with a reasonable excuse such"I lost it,"or"I forgot it." B. It is the responsibility of the Law Enforcement entity involved to assure that the underage purchaser has no other identification on his/her person prior to the operation. C. Similarly, any money in the possession of the purchaser should be provided by the agency. IV. General Procedures for the Underage Purchaser A. If identification is used, the underage purchaser should present valid ID upon request to the seller. http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=publications/pub8 11/7/2006 'olorado Deps*ent of Revenue Page 3 of 5 B. If identification is used,the underage purchaser should state his or her actual age if asked. C. If refused purchase, the underage purchaser will make no further attempt to convince the server or seller to provide alcohol. D. If the licensee attempts to detain the purchaser, she/he will not resist, but will remain on premises until the law enforcement agent responds. E. No person under the age of twenty-one years is to be allowed to consume alcohol under any circumstances. F. The underage purchaser is to contact the law enforcement agent immediately upon purchase of alcohol. V. General Procedures for Law Enforcement A. Law enforcement personnel should be in a position to visually monitor or control the underage purchaser during the operation. B.Whenever the alcohol beverage purchased is in a closed container and the law enforcement officer can read the label which identifies the contents, collection of evidence is not necessary.Any other alcohol beverage should be retrieved and retained as evidence. C.The minor operative must be the one who attempted to make a purchase. D. Law enforcement personnel will advise underage purchasers that they should make note of the appearance of the person who serves or sells to them, including whether they were asked for ID. VI. Notification of the Licensee or the Person who Served/Sold to the Underage Person A. The person who sold to/served the underage person should be notified on the same day(either immediately or at the end of the operation to avoid jeopardizing a continued operation). If administrative action is to be taken,the licensee should be notified within 14 days that a Show Cause Order may be forthcoming. B. When a summons is issued, it should be served within three days. C. Licensees who fail to sell to underage operatives should be notified of same, preferably in writing within 14 days. VII. Suggested Penalties A.The seller/server should be issued a criminal summons. B.The licensee may receive administrative sanctions through the licensing authority. 1. First Offense-Written warning to 15 day suspension.Accepting a fine in lieu of up to 14 days of actual suspension is at the discretion of the licensing authority,as is r holding a portion of the suspension time in abeyance for a period of time. V://www.revenue.state.co.us/liquor dir/wrap.asp?incl=publications/pub8 11/7/2006 r Colorado Department of Revenue �age.4 of 5 As an inducement for licensees to provide training for servers, because server training has proven to be an aid in the reduction of violations, it is recommended that, where there are no aggravating circumstances, a licensee who has provided training to its staff members be issued only a warning on first violation. 2. Second Offense(within one year)-5 to 30 day suspension. If no fine was paid or suspension served at the time of the first offense, it would be within the discretion of the licensing authority to accept a fine in lieu of actual days of suspension and/or to hold a portion of the suspension time in abeyance for a period of time. 3. Third Offense(within one year)-20 to 45 day suspension. 4. Fourth Offense(within two years)-45 day suspension to revocation. C. Mitigation/Aggravation to be considered regarding severity of penalty imposed may include: 1. Action taken by the licensee to prevent violation, i.e.,training of servers. See Section VII. B 1.of this policy. 2. Licensee's past history of success or failure with compliance checks. 3. Corrective action taken by the licensee. 4. Prior violations/prior corrective action and its effectiveness. 5. Willfulness or deliberateness of the violation. 6. Likelihood of recurrence of the violation. 7. Factors which might make the situation unique, such as: a. Prior notification letter to the licensee that a compliance check would be forthcoming. b.The dress or appearance of the underage operative, i.e. the operative was wearing a high school letter jacket. 8. Licensee or manager is the violator or has directed an employee or other individual to violate the law. VIII.Violation Re-checks Though random compliance checks are conducted at varying intervals, it is recommended that licensed establishments who do not sell to minors not be subjected to re-checks at unreasonably short intervals. Examples of Penalty Variations: 1. Last spring, the town of Ambivalence was rocked when three fatal traffic accidents occurred involving high school students who had consumed alcohol. All three accidents occurred following prom or graduation activities.The source of the alcohol was not determined. To avoid similar problems this year, the town advised its liquor licensees by mail and http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=publications/pub8 11/7/2006 i I 4 Colorado Department of Revenue Page 5 of 5 newspaper releases,that it would be conducting underage compliance checks. During its compliance checks,four of the town's thirteen licensees were caught selling to minors. Liquor Store"A"has no prior history of violation and has sent all of its employees to training.The clerk who sold was hired within the previous month and has since been terminated from her employment. Penalty for Store"A":The local licensing authority would normally have given this licensee only a warning, if not for the special circumstances (the warning letter)and the community concern about past problems.The licensee receives a three day suspension with the option of paying a fine in lieu of serving the suspension. Liquor Store"B"had a sale-to-minor violation(not a compliance check) 14 months previously and paid a fine in lieu of actual days of suspension.This store does not train its employees.The clerk who sold is a long-term employee who still works at the store. Penalty for Store"B": Due to the licensee's past history, lack of staff training and pre- sting notification letter,the local licensing authority imposes a 15 day suspension. If the licensee agrees to train ail of its current and future employees, the local authority has agreed to hold 8 days of the 15 day suspension in abeyance.The licensee agrees to the training and serves a 7 day suspension. Restaurant"C"has no prior history of violation and its staff has not been trained. During the compliance check conducted on prom night, the underage operatives went into the restaurant dressed in tuxedo and prom dress.Their waitress,the licensee's wife, noted their appearance and commented,"I probably shouldn't serve you, but heck, prom's only once a year." Penalty for Restaurant"C":The local licensing authority, due to the willful nature of the violation, imposes a 15 day license suspension and does not consider holding any time in abeyance or allowing the licensee to exercise its option to pay a fine. Restaurant"D"like Liquor Store"A" had no prior history of violation and has sent all of its employees to server training.The waiter,who had attended a server training class two weeks before the incident occurred,was terminated from employment after the incident. Penalty for Restaurant"D":The local licensing authority takes into account the same factors if used in Liquor Store A's situation.A three day suspension with the option of paying a fine is imposed. David F.Dechant Senior Director Matt D.Cook Division Director Department Home•Division Home Top•State Home•Federal Home•Contact Us Copyright v 2003,Colorado Department of Revenue Privacy Statement t http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=publications/pub8 11/7/2006 Colorado Department of Revenue ..! t . • • cnntact Ur, Colorado R. Division of Liquor/Tobacco Enforcement David F. Dechant,Senior Director Matt D.Cook, Division Director About Us.... Services.... - Sections.... Main Categories Position Statement Brand Registration Bringing Liquor Stock in Request Prize Zone Machine Colorado Enforcement Summaries Master File Licenses Office Locations November 21, 1997 Opinions and Position Statements Re: Position Statement Request Prize Zone Machine CRS 12-47-901(5)(n)(1) Responsible Vendors Tobacco Enforcement Program Regulation 47-922 Online Services AlcohollTobacco Tax&Trade Dear Mr. Kreutz: Bureau Fee Schedule Your letter dated September 22, 1997 to Executive Director Renny Fagan was referred Forms to me for response pursuant to Regulation 47-200 (copy attached).This regulation Laws and Rules governs the issuance of position statements and declaratory orders under the Colorado Liquor, Beer and Special Event codes.While not specifically requested Licenses and Permits �� �� pursuant to this regulation,your letter appears to request a statement of position on Other Related Links the legality of the placement of"Prize Zone"game machines in liquor licensed Publications 8 Info Pamphlets establishments. As I indicated in my October 17, 1997 letter to you, our Division=s Statistics position in this matter needed to be in harmony with that of the Limited Gaming Quick Links Division. They have reviewed this letter as it relates to "Slot Machines and concur with Government Services our position. Internal Revenue Service Labor and Employment As you are aware,the Colorado Liquor Code under CRS 12-47-901(5)(n)(1)makes it illegal for anyone licensed to sell at retail "To authorize or permit any gambling, or the Local Governments use of any gambling machine or device. This statute then goes on to exempt those Property and Taxation activities and equipment legally authorized and operated under Bingo and Raffles laws, Secretary of State Limited Gaming laws, and Pari-mutuel Racing laws. State Telephone Directory Liquor Code Regulation 47-922 further addresses this issue by prohibiting the use of Search This Site gambling devices, as defined by CRS 18-10-102, and slot machines, as defined by - CRS 12-47.1-103(26).This regulation, like CRS 12-47-901(5)(n), also exempts state C04C authorized and operated legal gambling (lottery, limited gaming, bingo and raffles and pari-mutuel racing). • Printer-Friendly Version • Text-Friendly Version Issues Reviewed i; The critical issue in analyzing the legality of the placement of"Prize Zone"machines is first to determine if this machine and its use would meet the definition of gambling, gambling device or slot machine. If the"Prize Zone"machine falls within any of these definitions then the use of this machine must be reviewed to see if it fits into one of the statutory exceptions found under these definitions. x http://www.revenue.state.co.us/liquor_dir/wrap.asp?incl=OpinionandPositions/op6 11/7/2006 t Colorado Department of Revenue �+ The brochure you provided for these machines(copy attached)shows that in playing the'Prize Zone"machine a person would place money into the machine and play one of seven games. Based upon the player's skill or luck(the card games options shown in the brochure would involve luck and perhaps some level of skill), prize bucks can be earned.The"Prize Zone" machine also has an"insta-prize"function which appears to be strictly driven by chance. If a sufficient level of prize bucks is earned by a player a prize coupon is printed detailing the prize won by the player.The player then collects the prize from the retailer where the machine is located. Prizes offered in the playing of the machine, by way of example in the brochure, range from free games to a color TV. The applicable statutory and constitutional definitions that must be reviewed to determine if this machine is a gambling device or a slot machine are as follows: Gambling-CRS 18-10-102 (2) A means risking any money, credit, deposit, or other thing of value for gain contingent in whole or in part upon lot, chance, the operation of a gambling device, or the happening or outcome of an event, including a sporting event, over which the person taking a risk has no control, but does not include: (Specific statutory exemptions 1 analyzed follow) —Bona fide contests of skill, speed, strength, or endurance in which awards are made only to entrants or the owners of entries; —Any game, wager, or transaction which is incidental to a bona fide social relationship, is participated in by natural persons only, and in which no person is participating, directly or indirectly, in professional gambling; Gambling-Device CRS 18-10-102(3) A device means any device, machine, paraphernalia, or equipment that is used or usable in the playing phases of any professional gambling activity, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine; except that the term does not include a crane game, as defined in section 12-47.1-103(5.5)C.R.S. Professional Gambling 18-10-102(8) A Professional gambling means: (a)Aiding or inducing another to engage in gambling, with the intent to derive a profit therefrom;or (b)Participating in gambling and having, other than by virtue of skill or luck, a lesser chance of losing or a greater chance of winning than one or more of the participants. Slot Machine -CRS 12-47.1-103(26) A machine means any mechanical, electrical, video, electronic, or other device, contrivance, or machine which, after insertion of a coin, token, or similar object, or upon payment of any required consideration whatsoever by a player, is available to be played or operated, and which, whether by reason of the skill of the player or application of the element of chance, or both, may deliver or entitle the player operating the machine to receive cash premiums, merchandise, tokens, or redeemable game credits, or any other thing of value other than unredeemable free games, whether the payoff is made automatically from the machines or in any other manner. http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=OpinionandPositions/op6 11/7/2006 Colorado Department of Revenue 9 (b)A slot machine does not include: i (1)Vintage slot machine models which were introduced on the market prior to 1984 and are not used for gambling purposes or in connection with limited gaming; (11)Crane games. Slot Machine Constitutional Definition -Article XVIII Section 9(4)(c)Colorado State Constitution. c.A Slot machine means any mechanical, electrical, video, electronic, or other device, contrivance, or machine which, after insertion of a coin, token, or similar object, or upon payment of any required consideration whatsoever by a player, is available to be played or operated, and which, whether by reason of the skill of the player or application of the element of chance, or both, may deliver or entitle the player operating the machine to receive cash premiums, merchandise, tokens, redeemable game credits, or any other thing of value other than unredeemable free games, whether the payoff is made automatically from the machines or in any other manner. ANALYSIS I. Based upon a review of these statutory and constitutional provisions, the"Prize Zone"machine you describe in your letter meets the definition of a A slot Machine because: A.This machine is a mechanical, electrical, or video electronic device. B.This machine requires a player to insert consideration (by means of a coin or token) into the machine. C.The outcome of play on the machine is due to the application of skill or chance, or both. D.The machine delivers or entitles the player operating the machine to receive merchandise,tokens, redeemable game credits or other things of value (up to a Color T.V.). E.The "Prize Zone"machine does not appear to be a statutorily exempted vintage slot machine or a crane game. Given the constitutional definition of a A slot machine, it would be inappropriate for either the Liquor Enforcement Division or Limited Gaming Division by position statement or otherwise to create its own exemptions for devices falling within the definition of a A slot machine. 11.The issue of whether the"Prize Zone" machine fits within the definition of a A gambling Device requires a more detailed analysis. Because the Colorado Liquor Code does not define a gambling Devices, an analysis of the relevant provisions of the Colorado Criminal Code is necessary.The definition of a a gambling Device in the Criminal Code is tied back into the definition of a professional Gambling.Therefore, if a device is either used or usable for a professional Gambling it would be a a gambling Device and prohibited under the Liquor Code=s statutory and regulatory provisions. The definition of a professional Gambling has two options; one option involves inducing another person to engage in gambling with the intent to derive a profit,and the other option involves participating in gambling with a greater chance of winning. It is http://www.revenue.state.co.us/liquor_dir/wrap.asp?incl=OpinionandPositions/op6 11/7/2006 f Colorado Department of Revenue " important to note that, the"Prize Zone"machine meets the general definition of a gambling because a person risks money for gain (prizes)over the outcome of an event over which the person has no control(the order the cards are dealt in the card game options and the insta-prize feature of the machine). In addition, the most commonly noted statutory exceptions to gambling (contests of skill and social exception)are not met because the"Prize Zone"machine cannot be an entrant in a contest of skill as contemplated under the statute. Further, the social exception only applies to natural persons and is, regardless, not allowed when professional gambling occurs. The owners of the"Prize Zone" machine are obviously placing it in licensed establishments to make a profit which meets the first option of a professional Gambling (18-10-102(8)(a)CRS). Because the owners of the"Prize Zone"machine can also control the programming of the machine it is obvious that they would have a greater chance to win than the machine players, thus also meeting the second option of a professional Gambling(18-10-102(8)(b)CRS). The"Prize Zone"therefore, meets the definition of a a gambling Device and is not a crane game which is the only statutory exception noted within the definition of a gambling Device . FINDING Based upon our analysis of the 'Prize Zone"machine, and the relevant statutory provisions, it is the position of the Liquor Enforcement Division that these machines are Gambling Devices within the meaning of CRS 12-47-901(5)(n)(1)and Slot machines within the meaning of Regulation 47-922. Based upon this position, these machines could only be legally authorized and operated within a liquor licensed premises if done so under the auspices of a Limited Gaming license issued by the Division of Gaming. The"Prize Zone"machine also does not appear to be a gambling device that is permitted under other currently permitted forms of gambling including: Bingo and Raffles, the State Lottery and Pari-mutuel Racing. Our Division does not regulate these licensed activities and any activities or machines used under these forms of gambling can only occur with the approval and licensure from the appropriate regulatory authorities. APPEAL PROCEDURES Pursuant to Regulation 47-200 this position statement may be appealed to the State Licensing Authority(Renny Fagan, Executive Director Dept. of Revenue)within thirty (30)days. I have attached a copy of that regulation to provide you with guidance in this matter. Sincerely, David C. Reitz Director cc: Position Statement File: 12-47-901 CRS, Regulation 47-922 Division of Gaming David F. Dechant Senior Director Matt D. Cook Division Director Department Home a Division Home Top a State Home-Federal Home a Contact Us http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=OpinionandPositions/op6 11/7/2006 � r Colorado Liquor Enforcement Division FINAL POSITION Donation of Alcohol Beverages to Non-profit/Charitable Organizations January 30, 2004 The purpose of enforcement in the following scenarios is to preserve that area of state liquor law that prevents a licensed supplier from providing a financial benefit to any licensed retailer(liquor store, restaurant, hotel, tavern)when its intent was to provide financial benefit to non-profit or charitable organizations. This financial benefit usually takes the form of a product donation. It was the Liquor Enforcement Division's intent to prescribe the applicable rules in Regulation 47-1010. Because the content of that regulation is confusing to the average reader, the Division presents this document for clarification to all concerned. The Division intends to amend Regulation 47-1010 in 2004 to make it "user friendly." (Note: any reference made to "non-profits" includes charitable organizations) WHEN A NON-PROFIT OR CHARITABLE ORGANIZATION HOLDS A FUND-RAISING EVENT BY SECURING A SPECIAL EVENTS LIQUOR PERMIT AND SEEKS DONATIONS OF ALCOHOL BEVERAGE FROM A COLORADO WHOLESALER Applicable Law: Regulation 47-1010(B): "A licensed wholesaler may provide alcohol beverages to a special event permittee at no cost if such beverages are used for hospitality purposes and are not resold by the drink. The wholesaler may invoice such products at no cost to the permittee and shall ensure that all applicable taxes are paid." 1. The wholesaler should make contact with the non-profit/charitable event coordinator to verify that a special events liquor permit has been obtained, naming the non-profit and the authorized location of the event. Product delivery may be made only to this location unless both entities have made special arrangements with the Liquor Enforcement Division. 2. Once the wholesaler has verified that the non-profit is selling a single ticket to the event(hospitality purposes), rather than selling alcohol beverages by the drink, the wholesaler may make a product donation by preparing a "zero-cost invoice" to the Special Events Permit holder. The invoice should describe the product donated, the name of the non-profit organization, and the location of the event. s 3. Wholesalers may assist in pouring samples at the licensed event. (('Y h F G s Final Position Alcohol Beverage Donations Page 2 4. While Special Event Permit holders may purchase alcohol beverages from a liquor store for a licensed event, pursuant to Regulation 47-1008, Regulation 47-1010 only authorizes a product donation from a licensed supplier(wholesaler, brew pub, micro- brewery, Colorado winery). WHEN A NON-PROFIT OR CHARITABLE ORGANIZATION HOLDS A FUND-RAISING EVENT IN A RESTAURANT, HOTEL, OR TAVERN (ON-PREMISES RETAILER)AND SEEKS DONATIONS OF ALCOHOL BEVERAGE FROM A COLORADO WHOLESALER Applicable Law: Regulation 47-1010(B): "[continued from above]..When product is being donated for the use of a non-profit, charitable or community group and the event or activity is being held at a retail outlet licensed pursuant to Article 46 or 47 of Title 12, the wholesaler may invoice the retailer at no cost for such products if the retail licensee consents to such an arrangement. Any such donated product which is unused must be returned by the retailer, to the wholesaler, as soon as practicable after the event. If the unused product is not returned, then the wholesaler must charge the retailer at least the minimum of cost for these products. 1. The wholesaler should make contact with the non-profit/charitable event coordinator to verify that the product donation will be for a bona-fide fundraising event. The wholesaler's failure to exercise due diligence in this area could result in administrative sanctions. 2. The wholesaler will then prepare a "zero-cost invoice" to the on-premises retailer, describing (in the body of the invoice) the product donated, the name of the non- profit organization, and the date of the event. The wholesaler may only deliver this donated product to the designated on-premises licensed account. 3. Wholesalers and retailers may assist in the pouring of alcohol beverage samples. 4. The on-premises retailer may not receive any direct or indirect benefit from alcohol beverage product donations. All proceeds collected for ticket sales (food and beverage) must be made payable to the non-profit organization only. The on- premises licensee may then bill the non-profit for the venue's normal and customary price for food and rental (rooms and equipment), including sales taxes, but may not charge the non-profit a "corkage fee" for lost alcohol beverage sales, nor may they inflate the price of the food or rent. 1 Final Position Alcohol Beverage Donations Page 3 5. Liquor store licensees may provide assistance to non-profits during these events, as long as they do not receive any financial benefit. The liquor store can provide labor, the cost of advertising (radio, tv, newspaper, fliers), signage, and their own materials that advertise the price and availability of alcohol beverage products at their liquor store. They may assist non-profit representatives in securing alcohol beverage donations from licensed wholesalers, only be providing a list of licensed wholesalers in their area. • 6. Liquor store licensees MAY NOT take an alcohol beverage order at the event; charge any fee to the public, the non-profit, or the on-premises retailer; or, take any of their own alcohol beverage stock onto the event premises. Liquor stores may sell tickets on behalf of the non-profit or charity within their store, pursuant to Section 12- 47-407(1), C.R.S., as long as the retailer does not receive any compensation for such sale. The fees collected are to be held in trust for the non-profit or charity. 7. Any retailer's failure to exercise due diligence in ensuring that they receive no benefit from a wholesaler's product donation could result in administrative sanctions. WHEN A NON-PROFIT OR CHARITABLE ORGANIZATION HOLDS A FUND-RAISING EVENT IN A RESTAURANT, HOTEL, OR TAVERN '' AND SEEKS DONATIONS OF ALCOHOL BEVERAGE FROM A COLORADO LIQUOR STORE 1. The liquor store must prepare an invoice to the on-premises retailer, describing the alcohol beverage products, and their normal retail price for said goods. While the on-premises retailer will not actually pay for these products (because they are donations), the value of that alcohol beverage will be applied to the on-premises licensee's $500.00 yearly limit for liquor store purchase pursuant to Section 12-47- 411(6)(b), C.R.S. 2. The on-premises retailer may not receive any direct or indirect benefit from alcohol beverage product donations. All proceeds collected for ticket sales (food and beverage) must be made payable to the non-profit organization only. The on- premises licensee may then bill the non-profit for the venue's normal and customary price for food and room rental (including sales taxes), but may not charge the non- profit a "corkage fee" for lost alcohol beverage sales, nor may they inflate the price of the food or rent. 8. Liquor store licensees may provide assistance to non-profits during these events, as long as they do not receive any financial benefit. The liquor store can provide labor, the cost of advertising (radio, tv, newspaper, fliers), signage, and their own l: i } Final Position Alcohol Beverage Donations Page 4 materials that advertise the price and availability of alcohol beverage products at their liquor store. They may also assist non-profit representatives in securing alcohol beverage donations from licensed wholesalers, only be providing a list of licensed wholesalers in their area. 3. Liquor store licensees MAY NOT take an alcohol beverage order at the event; and may not charge any fee to the public, the non-profit, or the on-premises retailer. Liquor stores may sell tickets on behalf of the non-profit within their store, pursuant to Section 12-47-407(1), C.R.S., as long as the retailer does not receive any compensation for such sale. The fees collected are to be held in trust for the non- profit or charity. 4. Any retailer's failure to exercise due diligence.in ensuring that they receive no benefit from a wholesaler's product donation could result in administrative sanctions. WHEN A RETAIL LIQUOR STORE WANTS TO HOLD AN ALCOHOL BEVERAGE TASTING AND NO NON-PROFIT OR CHARITY IS INVOLVED Liquor stores may hold, sponsor, or coordinate wine tastings for private functions or to the general public, but only under rules that insure compliance with Colorado Liquor Code. The first and most important rule is that tastings of alcohol beverages cannot take place in an off-premises licensed establishment, such as liquor stores or liquor licensed drug stores. However, there is a current legislative proposal, which if passed, will amend this section of the position letter. If the tasting occurs in a private location that is not a liquor licensed premises the following guidelines must be adhered to: 1. The sampling must be by invitation only. 2. Absolutely no fee may be charged. The sampling, while it may include food or other items, must be totally gratuitous. 3. No orders for the products can be taken at the time of the tasting. Persons attending the tasting may only be told where products are available for sale. 4. The products tasted may be supplied by the liquor store or by a licensed wholesaler. However, A WHOLESALER MAY NOT DELIVER THE PRODUCT TO THE UNLICENSED LOCATION. 5. All normal liquor code age and intoxication restrictions apply. r f Final Position Alcohol Beverage Donations Page 5 If the tasting occurs in an on-premises account(hotel, restaurant, tavern)the following guidelines must be adhered to: 1. The tasting may be either private or open to the public. 2. The products tasted may be supplied by either a licensed wholesaler or by a retail liquor store(within the$500 annual retail store purchase exemption). Products supplied by a licensed wholesaler must be sold, at no less than cost, and invoiced to the on-premises licensee, if participants are charged a fee. 3. Any admittance fee, must be collected and retained by the on-premises retail licensee at whose establishment the tasting is being held. 4. Absolutely no fee(direct or indirect) may be charged or collected by the liquor store licensee(e.g. selling a glass to the participant). 5. No orders for the products tasted can be taken at the time of the tasting. Persons attending may only be told where they might purchase the products. 6. Personnel of either the on-premises licensee or off premises licensee may pour products during the tasting. No wholesale representative may provide free labor if the on-premises licensee is charging a fee for admittance. 7. All normal liquor code age and intoxication restrictions apply. 8. The on-premises licensee must pay all applicable sales taxes for any products consumed during the tasting. l; e F STATE OF COLORADO LIQUOR ENFORCEMENT DMenON Dsps WW1t d RW=W *Wneea Location 1881 Pow Skrest.Sub 108A Lakewood,CO 80214 Phor.(303)205-2300 FAX(300)205-2341 BYI Owen E♦vuM:LEO®spikadorddte.co.us OOMM M.leciw�Cao1s wsbdbl ..www.nranw.state.00.usAkpior Ofdquor.t*W DkwW WII O.coat OIM�fon or.olor March 21, 2006 Re: Statement of Position concerning Top-Shot machine Dear Mr. Bianchi: You requested the Liquor Enforcement Division(Division)to issue a Statement of Position concerning the eta)Wtop Top-Shot candy vending machine'. Specif!Cally 1 you requested a position regarding: 1. If the candy vending equipment can or cannot be placed in an establishment that serves alcohol, specifically a pub, tavern,etc. 2. That an establishment may give away alcoholic beverage if the customer, in the course of testing their skills, makes the quarter into the basketball hoop. You indicate'fhe primary focus of the Top-Shot vending machine is to dispense candy for each and every play when the customer inserts their 25 cents'.You also state"a side benefit of the Top-Shot candy vending machine is that it allows the customer to test their skill";and"When the customer first deposits their 25 cents into the slot on the front of the Top-Shot candy vending machine it falls onto a small lever platform.The customer applies tension to the lever that is attached to the platform on which the coin fell.When the customer feels that they have just the right amount of tension applied they lift their finger from the lever to allow it to spring the coin upward towards the basketball hoop. By using their skill, the customer could eventually place the right amount of tension on the coin platfiorm to property propel it through the basketball hoop." In considering your request,the Division reviewed the following: Section 12-47-901(5)(n)(1), of Colorado Revised StabAss(C.R.S.),which states that it is unlswful for anyone licensed to sell alcohol beverages at retail to authorize or k (�g E' E�ry is i } S Statement of Position Page 2 permit any gambling, or the use of any gambling machine or device,except as provided by the Ringo and Raffles Low. z Regulation 47-922, Colorado Code of Regulations, I CCR 203-2,which states that no person licensed to sell ak:ohol beverages at retail may permit on their licensed premises any gambling, or the use of any machine or device that may be used for gambling. This regulation does allow a retail liquor licensee to conduct tournaments or competitions involving games of skill as permitted by C.R.S. 18-10-102(2xa). Section 18-10-102(2)(x), C.R.S., which states"gambling"means risking any money, credit, deposit, or other thing of value for gain contingent in whole or in part upon lot, chance, the operation of a gambling device, or the happening or outcome of an event, including a sporting event,over which the person taking a risk has not control, but does not include bona We contests of skill, speed, strength, or endurance in which awards are made only to entrants or owners of entries. Section 18-10-102(3), C.R.S., which states*gambling device"means any device, machine,paraphernalia, or equipment that is used or usable in the playing phase of any professional gambling activity, whether that activity consists of gambling ,i between persons or gambling by a person involving the playing of a machine; except that the term does not include a crane game, as defined in section 1247.1-103(5.5), C.R.S. Section 12-47.1-103(5.5), C.R.S., which states"crane game" means an amusement machine that, upon insertion of a coin, bill, token, or similar object, alkma the player to use one or more button,joysticks, or other controls to maneuver a crane or dew over a nonmonetary prize, toy,or novelly, none of which shell have a cost of more than twenty-five dollars, and then, using the crane or claw, to attempt to retrieve the prize, toy, or novelty for the player. The Division reviewed your letter and the brochures submitted with it,and is of the opinion that the Top-Shot rnacNne's primary function is that of a gambling device and that the dispensing of candy is a secondary function of the devise. It is also the Division opinion that, even though the player pushes and releases a"tension lever', the outcome of play is primarily determined by chance. It is therefore the Division's position that the Top-Shot machine is a gambling device that does not meet the exemptions for a game of skill, nor of a crane machine, and that the possession or use of such machine on a liquor licensed premises, whereby the player would be awarded a free drink or any other thing of value,would be in violation of the Colorado Liquor Code. f s a Statement of Position Page 3 if you should disagme with the Division's position, you may appeal by seeking a Dedarstory Order from the State Licensing Authority. An appeal is governed by the provisions of Regulation 47-2oo and must be made within 30 days of the date of this Statement of Position. You may contact the Division to obtain a copy of this regulation. Donald E. Pace Criminal Investigator Approved: Matt D. Cook, Division Director t s; F J E t l 1 Klorado Department of Revenue Pagel of 4 Colorado Department of Revenue Horne SitPMAp Div%ions i JOUS Contact Us Division of Liquor/Tobacco Enforcement David F. Dechant, Senior Director Matt D. Cook, Division Director About Us.... Services.... Sections.... Main Categories COLORADO Brand Registration Bringing Liquor Stock in Colorado Seller - Server Training Standards-2004 Enforcement Summaries Master File Licenses Office Locations Preamble Opinions and Position Statements Responsible Vendors These Training Standards are the result of a cooperative effort of a workgroup corn Tobacco Enforcement of representatives of local law enforcement, the liquor industry, municipal and cour Program governments, local and national seller—server training programs, and the legal prc Online Services which met during May and June, 2004. Chaired by the Liquor Enforcement Divisioi Alcohol/Tobacco Tax& Director, the group convened following the passage of Senate.Bill 04-093, which re Trade Bureau the Liquor Enforcement Division Director to establish seller/server training standan Fee Schedule input from these interested persons. These standards are also to be used to comp Forms House Bill 04-1021, which required the Division to establish training standards for Laws and Rules premises licensees and employees desirous of conducting beverage alcohol tastin Licenses and Permits Other Related Links As mandated by this legislation, compliance with these standards by Colorado liqu Publications&Info Pamphlets beer licensees designates licensees as "Responsible Vendors" and also requires 1 Statistics state authorities to consider completion of the training as a mitigating factor when i Quick Links penalties for sales to minor violations that are detected during compliance checks. Government Services Internal Revenue Finally, participation in the seller— server training to become a "Responsible Vendi Service mandatory. However, it should be noted that there was unanimous agreement by Labor and Employment workgroup participants regarding the value of server training for on-site owners, m; Local Governments and sellers— servers of beverage alcohol. The Division encourages government ai Property and Taxation seller—server training programs to incorporate these minimum standards into their Secretary of State programs for use in Colorado. State Telephone Directory I. Core Program Standards Search This Site GcxsRle A. Must be attended by resident on-site owner (if applicable), all mangers, and eml selling — serving beverage alcohol. Once a licensee has been designated as a "Responsible Vendor" all new employees must complete this training within 60 day •Printer-Friendly Version (Note: It is not the intent of this section to require participation by non-resident owr •Text-Friendly Version non-resident officers, directors or stockholders, but rather to insure participation by resident owners actually involved with the day to day operation of the business). http://www.revenue.state.co.us/liquor� dir/wrap.asp?incl=responsiblevendors/standards 111712006 Colorado Department of Revenue Page 2 of B. Recertification must occur every 2 years. C. Minimum program time 4 hours D. Program provides written documentation of program attendance by/for each attl E. Program must have a method of evaluating its own effectiveness through 1. Testing of attendees for knowledge 2. Surveys of program effectiveness received from attendees 3. Verbal attendee feedback or discussion that is documented by program provil II. Core Curriculum Standards A. Discussion concerning Alcohol's Physical Effects 1. Alcohol's effects on the body 2. Visible signs of intoxication a. What are the signs? b. Recognizing the signs B. Liquor Liability 1. Civil liability 2. Criminal liability 3. Administrative liability (License Sanctions) 4. Licensee and Manager have additional liability for the actions of their employee: C. Sales to Visibly Intoxicated Persons 1. Colorado law provisions 2. Recognition and prevention 3. Intervention techniques 4. Related laws or issues a. DUI/DWAI http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=responsiblevendors/standards 11/7/2006 e6lorado Department of Revenue Page 3 of 4 b. Regulation 47-900, loitering of visibly intoxicated persons prohibited D. Sales to Minors 1. Colorado law provisions a. Sale and Service b. Permitting Consumption 2. Acceptable forms of Identification - Regulation 47-912 a. How to check I.D.'s - protocol b. Spotting false identification c. Mistakes made when checking E. Local Licensing and Enforcement 1. What is their involvement with alcohol licensing and enforcement in Colorado? 2. Encourage licensees to develop a working relationship with these agencies 3. Licensee encouraged to learn specialized local law provisions affecting their bu: F. State Licensing and Enforcement 1. Colorado Liquor Enforcement Division a. What is their involvement with alcohol licensing and enforcement in Colorado' b. How to contact 2. Encourage licensees to develop a working relationship with this agency G. Other key state laws and rules affecting owners, managers, sellers and se 1. Age of servers CRS 12-47-901(5)(a)(1) 2. Provisions for confiscating fraudulent I.D. C.R.S. 12-47-901(5)(a)(II and III) 3. Removal of liquor from on-premises licensed establishment prohibited, Regulati, 918. Removal of a partially consumed bottle of vinous liquor(1 bottle not exceedin, ml)from licensed restaurants is allowed by consumer if it is resealed. 4. Patrons prohibited from bringing liquor onto licensed premises, C.R.S. 12-47-90 h ://www.revenue.state.co.us/liquor_dir/wrap.asp?incl=responsiblevendors/standards 11/7/2006 � i Colorado Department of Revenue Page 4 of 4 5. Permitted hours of sales and service, C.R.S. 12-47-901(5)(b) 6. Conduct of establishment, Regulation 47-900 a. Activity offensive to senses of average citizen b. Nudity and prohibited entertainment 7. Requirement to permit inspections by State and local licensing and enforcement authorities, Regulation 47-700 8. Changes in ownership and management must be reported, C.R.S. 12-47-301(7) 9. Licensee responsible for activities occurring within licensed premises a. Private parties - licensee held accountable for all liquor law violations within premises 10. Tastings—Off-Premises establishments with local opt-in, C.R.S. 12-47-301(10: 11. Purchases by On-premises retailers ($1000 H/r- $500 all others). H. Recommendations for Licensees 1. Establish policies and procedures 2. Establish a record keeping system to document activities and events 3. Contact local authority on incident reporting expectations David F. Dechant Senior Director Matt D. Cook Division Director Department Home•Division Home Top•State Home•Federal Home•Contact us Copiriahlt �2i 03.Cc'orado Departrnent of Revenue v is avy Statement http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=responsiblevendors/standards 11/7/2006 r Colorado Department of Revenue Pagel of 2 I jo b& contact Us Colorado of Revenue Division of Liquor/Tobacco Enforcement David F. Dechant,Senior Director Matt D. Cook, Division Director About Us.... Services.... Sections.... Main Categories List of Vendors has filed evidence of compliance with the Brand Registration Standards for a seller and server Training program Bringing Liquor Stock in Colorado City of Grand Junction - City Clerk Office Enforcement Summaries Stephanie Tuin, MMC Master File Licenses 250 North 5th Street Office Locations Grand Junction, Colorado 81501 Opinions and Position Phone: 970-244-1509 Statements Responsible Vendors Tobacco Enforcement Program City of Grand Junction - Police Department Online Services Officer Craig Campbell Alcohol/Tobacco Tax&Trade 250 North 5th Street Bureau Grand Junction, CO 81501 Fee Schedule Forms Colorado Responsible Vendor by Dave Reitz Laws and Rules Contact Person: David C. Reitz Licenses and Permits 10692 WCR 28, Ft. Lupton, Colorado 80621 Other Related Links Phone: 970-330-5004 Publications&Info Pamphlets E-mail: reitz.david @gmail.com Statistics Quick Links Larimer County Sheriffs Office Government Services Internal Revenue Service Sergeant Gerald Baker 2501 Midpoint Drive Labor and Employment Ft. Collins, Colorado 80525 Local Governments Property and Taxation Liquor Licensing Professionals, LLC Secretary of State Contact Person: Rita Larson, Phone: 719-390-8844 State Telephone Directory 415 Garwood Court, Colorado Springs, CO 80911 Search This Site E-mail: liquorpros @gwest.net Gv�fgle Loveland Police Department Contact Person: Joe Berdin, Phone: 970-667-2151 • Printer-Friendly Version 810 East 10th Street, Suite 100, Loveland CO 80537-4942 • Text-Friendly Version website: www.ci.loveland.co.us ServSafe Alcohol Colorado Restaurant Association - Education Fund Contact Person: Maureen McNamara, Phone: 303-830-2972 430 E. 7th Avenue, Denver, CO 80203 website: www.nraef.org http://www.revenue.state.co.us/liquor_dir/wrap.asp?incl=responsiblevendors/vendors 11/7/2006 i Colorado Department of Revenue Page 2^6f 2 TIPS - Training for Intervention Procedures Contact Person: Craig Stevens 1101 Wilson Blvd, Suite 1700, Arlington, VA 22209 Phone: 800-GET-TIPS www.gettips.com David F. Dechant Senior Director Matt D. Cook Division Director Department Home•Division Home Top•State Home•Federal Home•Contact Us Copyright 2003,Colorado Department of Revenue orivacy Statement http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=responsiblevendors/vendors 11/7/2006 I t I `S! X Colorado Liquor and Beer Licensee Handbook May 2004 Division Director Matt D.Cook License Director Laura Harris Enforcement Program Managers Ken Peterson Laura Harris The Colorado Liquor Enforcement Division has 4 field offices established throughout Colorado on a geographical basis. Each office is responsible for its own individual area.Licensing questions should first be directed to your local licensing authority (City or County where business is located), the local Division Office and then to the Division's Denver office. To report violations, contact your local Division field office.To determine which office you should telephone,find the office responsible for your county, as listed below: Counties Handled Offices&location Telephone&Fax Adams,Arapahoe Denver Office(Hdgtrs) 303-205-2300 Clear Creek,Denver, 1881 Pierce St,Suite 108A Fax 303-205-2341 Douglas,Elbert,Jefferson Lakewood,CO 80214-1495 Gilpin,Summit El Paso,Park,Teller, Colorado Springs Office 719- 594-8702 Alamosa, Archuleta Market Center Shopping Mall Fax 719-534-8713 Baca, Bent, Chaffee 4420 Austin Bluffs Parkway Cheyenne,Conejos Colorado Sprgs,CO 80918 Costilla, Crowley, Custer, Freemont,Huerfano, Kiowa, La Plata,Las Animas, Lincoln, Mineral,Otero, Prowers, Pueblo,Rio Grande,Saguache Delta,Dolores,Eagle, Grand Junction Office 970-248-7133 Garfield,Grand,Gunnison, 222 S.6th Street, Fax 970 248-7139 Hinsdale,Lake,Mesa, Room 425 Moffat,Montezuma, Grand Junction,CO 81501 Montrose,Ouray,Pitkin, Rio Blanco,Routt,San Juan,San Miguel Boulder,Kit Carson Greeley Office 970-356-3992 Larimer,Lincoln, 800 8th Avenue,Rm 325 Fax 970-356-3992 Logan,Morgan,Phillips Greeley,CO 80631 Sedgewick, Washington, Weld,Yuma, Broomfield,Jackson t?' 7 r> a e 1 k FE i i 4 Division Web Page F f The Liquor Enforcement Division has an informational web site that includes copies of all Division publications,information pamphlets,the Colorado Liquor and Beer Code Statutes and Regulations and copies of license and permit i applications. This web page can be found at http://www.revenue.state.co.us/ liquor dir/liquor.html Divison E-Mail Address The Division's E-mail address is: nhamby @spike.dor.state.co.us Copies of Liquor and Beer Code Copies of the Colorado Liquor and Beer Code Statutes and Regulations may be obtained in Booklet form by contacting: State Forms Center 4200 Garfield Street Denver CO 80216-6517 Phone:303-370-2165 I. Requirements to hold a retail liquor or 3.2% Beer license: Colorado liquor and beer retail licenses are issued by "dual" licensing authorities. Your local City or County Clerk can provide applications and answer questions concerning the application process.Your local licensing authority (City or County) must first approve all retail licenses before forwarding liquor and beer license applications to the State Liquor Enforcement Division. Licenses can take several months to acquire and therefore, you must communicate with your local licensing authority far in advance of your opening date. Failure to file applications far in advance of your opening date will most likely result in a delay. Colorado liquor and beer licenses may be issued in the name of natural persons, corporations, partnerships, and limited liability companies. Applicants and other persons involved with partnerships, corporations, or limited liability companies,must be at least 21 years of age.Persons under 21 may be involved with an established trust as long as the trustee is at least 21 and the person under 21 cannot benefit from the trust until that person reaches the age of 21. 2 i t All corporations and limited liability companies must be registered with the Colorado Secretary of State's Office and authorized to do business.Foreign corporations and foreign limited liability companies must also register with the Secretary of State and be authorized to do business in Colorado. Applicants do not have to be a United States citizen or a Colorado resident to acquire a liquor or beer license and the existence of a criminal record does not preclude a person from licensure.However,applicants with criminal records must be able to provide evidence of rehabilitation or they may be denied a license. Sheriffs, deputy sheriffs, police officers, state liquor investigators and prosecuting attorneys may not have a liquor license, but may be issued a 3.2%Beer license. II. Compliance Inspections: Liquor licensees may be.asked to allow a Compliance Inspection to be conducted at its place of business. Regulation 47-700, provides, "The licensed premises,including any places of storage where alcohol beverages are stored or dispensed,shall be subject to inspection by the State or Local Licensing Authorities and their investigators, or peace officers, during all business hours and all other times of apparent activity, for the purpose of inspection or investigation. For examination of any inventory or books and records required to be kept by licensees, access shall only be required during business hours.Where any part of the licensed premises consists of a locked area, upon demand to the licensee, such area shall be made available for inspection without delay; and upon request by authorized representatives of the licensing authority or peace officers, such licensee shall open said area for inspection." (See section 12-47-701 C.R.S. and Reg 47-700). Enclosed is a list of items examined/investigated to ensure compliance during an inspection.A discussion of these issues follows: Licenses/Permits posted: Liquor and Beer Licensees must have currently valid State and Local liquor or beer licenses,sales tax and food service licenses posted conspicuously on the licensed premises so that the general public may see them.A wise Licensee will check their license expiration date to ensure that they do not forget to file for license renewal. 3 i, i r 4 A Federal Tax Stamp must also be obtained and conspicuously posted on the licensed premises. (See section 12-47-301(4)(a)). Minor Warning Sign Posted: You must have a sign, which warns underage persons that it is illegal to attempt to purchase alcohol beverages. These signs are available free of charge from the State Liquor Enforcement Division. (See 12-47-901(5)(h) z C.R.S.) Meals or Snacks Available: The meal/food requirements for the different types of licenses follows: Hotel and Restaurant License Must be a bonafide restaurant 12-47-411, Reg.47-418 with a menu.At least 25%of the sales(between food and drink) must be from the sale of full meals. Tavern Liquor License Must have light snacks(chips, 12-47-412 pretzels, nuts,etc.)and sandwiches(prepackaged pizzas, burritos, subs,etc.) available for consumption during all business hours. Beer and Wine License Must have light snacks(chips, 12-47-409 pretzels, nuts, etc.)and sandwiches(prepackaged pizzas, burritos,subs, etc.) available for consumption during all business hours. Retail Liquor Store License May not sell food items. 12-47-407, Reg.47-416. Bed and Breakfast Permit No food requirements. 12-47-410 Liquor Licensed Drugstore No food requirements. 12-47-408 Optional Premises License No food requirements 12-47-413 4 I i i kdk F l Retail Gaming Tavern License Must have light snacks(chips, 12-47-414 pretzels,nuts,etc.)and sandwiches(prepackaged pizzas, burritos, subs,etc.) available for consumption during all business hours. May contract for these items to be provided from other businesses (12-47-414). Club License(non-profit only) No food requirements. 12-47-416 Arts License (non-profit only) No food requirements. 12-47-417 Racetrack License Food requirements. 12-47-418 Public Transportation License No food requirements. 12-47-419 Brewpub License Must be a bonafide restaurant 12-47-415 with a menu.At least 15%of the sales (between food and drink) must be from the sale of full meals. Special Event Permits Sandwiches or other foods must (non-profit be organizations only) must be available during the 12-48-105(5) event. Cleanliness is Adequate: An examination of the overall licensed premises is conducted to identify hazards and recommend solutions. Your local health department may be notified if problems are identified. (See Reg.47-418, Reg.47-902) Books and Invoices Available: Licensees are required to maintain records to fully show all business '; transactions and must make these records available for examination upon request.You may be asked to show invoices concerning alcohol beverage purchases. (See section 12-47-701, C.R.S., Reg. 47-700, and Reg. 47- 426) 5 , E. i i t Beer,Wine and Liquor Stock Acceptable: The public expects to be served the alcohol beverage they pay for and nothing more.An examination of beer is conducted to ensure you are selling 3.2%beer(if a 3.2%Beer Licensee)or beer products containing more than 3.2%beer if you hold any other kind of license.Your wine and liquor products will be examined for impurities(paper particles,bugs,dirt,etc.).Any product found to contain a foreign substance may be seized,or you will be asked to s destroy it. You should frequently check your alcohol beverage stock for foreign contaminates to avoid problems in this area. On premises licensees may not have any flat or flask shaped containers on their premises or any spirituous liquor container over 14%alcohol by volume in any container of less than 1/5 of a gallon.(Reg.47-904 and Reg.47-906). Alcohol Purchased from Permitted Sources: Those licensees who sell alcohol beverages by the drink,to be consumed on the licensed premises, are allowed to purchase not more than $500 of alcohol beverage inventory per calendar year from a retail liquor store.This _ provision was created to allow those businesses who ran out of a particular product during a busy night when product could not be obtained from a licensed wholesaler to purchase it from a retail liquor store.All other beer, wine and liquor products must by purchased from a licensed Colorado wholesaler.(See sections 12-47-409, 12-47-411, 12-47-412, 12-47-414, 12- 47-415, 12-47-416, 12-47-417,and 12-47-418,C.R.S.). Compliance with Gambling Restrictions: The Division has encountered several different gambling schemes which always involve a participant paying something of value for an opportunity to win something of value. Many of these schemes appear to be harmless and simple,but may constitute illegal gambling. For example,football pools may constitute illegal gambling. The Division strongly encourages all Licensees to check with local Police/Sheriffs and most importantly the local District Attorney to assist in determining the legality of the proposed game. Licensees who maintain game machines on their licensed premises, such as video poker or similar devices, are required to have keys to access the interior of the machines, machine operating manuals and a copy of the written contract with the game vendor if the Licensee does not own the machines. (12-47-901(5)(n)(1)C.R.S.and Reg.47-922) 6 I t I Manager Registered with Authorities: Hotel and Restaurant and Tavem Licensees must have a separate and distinct manager and must register that manager with the local and state licensing authorities.All other Licensees who sell alcohol beverages by the drink,for consumption on the licensed premises,must report the name of their manager to the local and state licensing authorities.3.2%Beer Licensees who have an"on premises"license must also report the name of their manager. (See 12-47-411, 12-47-301 C.R.S.) Licensee in Possession/Control of Premises: All alcohol beverage Licensees must have possession of the premises at all times,by deed,lease,sub-lease,etc. Licensees may not grant possession of their licensed premises to anyone other than the person licensed.Exterior licensed areas must be in possession of the licensee,who must be able to demonstrate control over the areas licensed.For example,controlling access to and from an outdoor patio area is essential to ensure all alcohol beverages purchased from the business,remain on the licensed premises and to keep minors from consuming alcohol beverages. (See 12-47-301) Trade Name Properly Registered: The business name, commonly known as the trade name or"d/b/a"(doing business as)must be properly listed on licenses. If exterior signs are posted, they too must properly reflect the correct business name. If you want to change the trade name of the business, you must file an application with your local licensing authority at least 10 days prior to changing the business' name. (See Reg.47-306). Compliance with Intoxicated Sale Restrictions: Persons who exhibit or display visible signs of intoxication, i.e., swaying, blood shot eyes,slurred speech,loud-boisterous behavior,may not be served alcohol beverages. Because of the many secondary problems created by visibly intoxicated persons,the Division will always initiate an investigation into violations of this nature. Remember that it is a violation of the liquor code to serve alcohol beverages to intoxicated persons under any circumstances. The fact that the intoxicated person isn't driving is not a factor. (See 12-47-901(1)and Reg.47-900). 7 3 a Compliance with Sale to Minor Provisions: It is unlawful for a Licensee to sell, serve, give or allow the consumption or possession of alcohol beverages to or for a person under the age of 21 years.On-premises and 3.2%Beer Licensees,with the exception of Tavern Licensees who do not regularly provide full meals, may employ persons who are at least 18 years of age to participate in the sale of alcohol beverages. These persons may participate in the selling, serving or giving of alcohol beverages as long as they are actively supervised by a person who is at least 21 years old(18 for 3.2%Beer). Because of the many public safety issues created by these violations,the Division will always initiate an investigation into violations of this nature.(See section 12-47-901(1) and 12-47-901(5)(a)(1). Acceptable Dispensing Systems: Electronic dispensing "guns", "taps" or "systems" are acceptable in Colorado. However,they must be clearly marked so customers know what product they are receiving.A sign,or card posted and visible to the consumer is acceptable. Beer tap handles must properly reflect only the name of the product dispensed from that specific tap. It is a violation to identify one product and sell another to the consumer. Additionally, it is unlawful for dispensing systems to mix products with each other.(See Reg.47-904 and Reg.47-908). Off Premises Storage Licensed: Colorado Retail Licensees may apply for and receive a retail storage warehouse permit to allow storage of alcohol beverages at one location other than the main licensed premises. On-premises licensees (hotel and restaurants, taverns, etc., may store wine and liquor products indefinitely, but may only store beer for a period not to exceed 10 days from the date of delivery. Off-premises licensees (retail liquor stores, etc.) may only store wine and liquor. No beer products may be stored at an off premises retail storage warehouse location. Copies of the storage permit must be conspicuously posted on the licensed premises and at the storage facility. (See Reg.47-410). Only Permitted Items Sold: Retail Liquor Store licensees may only sell items directly related to the consumption of alcohol beverages and only those items approved by the State Licensing Authority.A list of the items currently approved for sale is attached. (See 12-47-407 and Reg.47-416). 8 1 II. Most Commonly Asked Questions and Answers: A. Do Patrons have to produce identification,and what kinds of identification can I accept? Colorado law does not prohibit underage persons(those persons under the age of 21 years)from entering or remaining in a licensed establishment. However,Colorado law does prohibit any licensed establishment from selling, serving, or giving alcohol beverages to an underage person. Licensees should always check for acceptable proof of age if there is any doubt about the age of the patron. If an acceptable proof of age is not available from the questionable patron,no service or sale should be provided. Only the following types of identification may be relied upon by Licensees as proof of age of a patron.Note that each identification listed must be valid (not expired),have a photograph and description of the bearer: 1. An operator's, chauffeur's or similar type driver's license containing a picture, issued by any state, Canada, Mexico, or United States Territory. 2. Identification card containing a picture, issued by any state for the purpose of proof of age in accordance with C.R.S.42-2-402. 3. Military Identification Card. 4. Passport. 5. Alien Registration Card. 6. A valid employment authorization card containing a picture and date of birth issued by the U.S.Department of Justice,Immigration and Naturalization Service. Those patrons attempting to purchase alcohol beverages who are unable to provide one of the forms of identification described above may be refused service of alcohol beverages. If you suspect that a fraudulent or altered identification has been given to you for proof of age, ask for a second identification or ask questions concerning the information on the face of the identification. If you still believe you have been given a fraudulent or altered identification, you may confiscate it and turn it over to a state or local law enforcement officerwithin 72 hours.(See Reg.47-912 and 12-47-901(5)(a)). B. What are the hours that alcohol beverages maybe sold? On-Premises Liquor Licensees: Licensees who sell alcohol beverages for consumption on the premises, i.e., taverns, restaurants, brewpubs, may sell alcohol beverages to be consumed on the premises, from 7:00 a.m., until 2:00 a.m., 365 days a year. 9 i : K 4 i i • f f Off-Premises Liquor Licensees: Licensees who sell alcohol beverages in sealed containers,for consumption off the licensed premises, i.e., liquor stores, drug stores and brewpubs, may sell alcohol beverages in sealed containers from 8:00 a.m.,until midnight every day except Sundays and Christmas. 3.2% Beer Licensees: 3.2% beer may be sold from 5:00 a.m., until midnight, 365 days a year. There are no state prohibitions concerning the sale or service of alcohol beverages on election days. C. Is public consumption of alcohol beverages legal? Colorado law prohibits public consumption of malt liquor (beer other than 3.2%beer),vinous liquor(wine)and spirituous liquors(bourbon,gin,vodka, etc.)in public,except in a business which is licensed with a Colorado liquor license. Public consumption of 3.2% beer is not prohibited by state law, however, many cities and counties have local laws prohibiting public consumption of 3.2%beer. D. Can I bring my own alcohol beverages into a place that has a liquor license? It is also unlawful to bring alcohol beverages into any place that is licensed to sell or serve alcohol beverages,i.e.,restaurants,sports stadiums.Similarly, it is unlawful to bring alcohol beverages into an unlicensed public business, i.e., restaurants, for consumption due to the prohibition on public consumption. E. Can I renovate or remodel my liquor licensed business? Once you have received your Colorado liquor license, you may not cause structural changes to your licensed business without first reporting the changes to the local and state licensing authorities.Cosmetic changes,i.e., painting, carpeting, etc., generally do not require authorization. However, the addition of a bar(or to lengthen a bar),or the relocation of entrances or exits, the addition of, (or deletion of)walls, patio areas, etc., require pre approval from the local and state licensing authorities.Generally,any change that substantially alters the usage of the licensed premises from that originally approved,requires pre-approval.The applications to change,alter or modify your licensed premises are usually available from your local City or County Clerk, or the Liquor Enforcement Division. 10 f F. If I sell my business,does the buyer have to obtain its own liquor license to continue the operation of the business? The new owner of the business must acquire its own liquor or beer license by filing applications with the local licensing authority.Should the new owner desire to operate, it must ask the local authority for a "temporary permit' which may be granted (discretionary) upon filing of the applications for a permanent annual license. It is unlawful for you to allow anyone to "use" your license, and it is unlawful for them to use your license. Corporations and limited liability company licensees who are purchased and remain in business as the licensee/owner of the business,may continue to operate and must only report the"internal changes"i.e.,change of officers, directors,stockholders,members,etc.,to the local licensing authority.This report must be filed within 30 days of the date of the internal change.Failure to meet the reporting deadlines may result in sanctions against your license. G. How often do I have to renew my liquor or beer license? Liquor and Beer licenses must be renewed every year. Liquor licenses, unlike many other licenses,are not issued on a calendar year basis.Instead they expire one year from the date of initial license issuance.Your license applications will be mailed to the business address listed on your application, (or mailing address, if designated) at least 90 days before your license expires. If you change the mailing address for your state tax information after your liquor license was issued, your liquor or beer license renewals will be mailed to that new address(we share a common computer system). It is your responsibility to ensure your license renewal is filed with your local licensing authority at least 45 days before the expiration date.Failure to file your renewal at least 45 days prior to its expiration,may result in the license not being renewed. If your license expires and you notice its expiration within 90 days from the date of actual expiration, you can pay an additional $500 late fee to your local authority and an additional$500 late fee to the state licensing authority, so that the license can be renewed. These fees are in addition to your license fees. If you do not notice that your license has expired within 90 days from the date of its expiration,you must apply for a totally new license. It is unlawful to continue to sell,serve,or distribute alcohol beverages without valid local and state liquor or beer licenses. 11 1~ i 1 H. Where can I purchase my alcohol beverage inventory? All Retail liquor and beer licensees may purchase their alcohol beverage inventory from a licensed Colorado Brewpub,Winery or Wholesale licensee. On-premises Licensees,licensed to sell alcohol beverages for consumption on the licensed premises, may purchase up to$500 per calendar year of alcohol beverage inventory from a retail liquor store. All purchases must be evidenced by a receipt or invoice which is to be maintained by the Licensee. (12-47-901(1)(e), 12-47-409, 12-47-411, 12-47-412, 12-47-414, 12-47-415, 12-47-416, 12-47-417, and 12-47-418, C.R.S.) 1. Can I cater or deliver alcohol beverages? It is not unlawful to provide a bartending service off a licensed premises for private events.It is unlawful to sell alcohol beverages(as a caterer,bartender or other person)without first being licensed to do so.Since liquor and beer licenses are issued to a specific person at a specific place,there exists no license for the "mobile" catering of alcohol beverages. Those liquor and beer licensees that have a Retail Liquor Store License, Drug store license, or a 3.2% Beer license-combination on/off premises license, may deliver alcohol beverages upon acquiring a delivery permit from the Liquor Enforcement Division. (See 12-47-901(1)(g)and Reg 47-426). In accordance with C.R.S. 1973, 12- 47- 407 and Regulaticn 47- 416 the following products are approved as nonfood items pemnitted to be sold by Retail Liquor Store Licensees. ATM Machines Bar Towels Bartender Guides Beer Brewing Kit(Equipment) Beer Brewing Kit(Ingredients) "Add water only"self contained and pre-mixed kit that is commercially packed,sealed and labeled Blenders Books or Magazines-primarily about alcoholic liquors or the industry Bottle Openers Bottle Neck Greeting Cards Can Openers Coasters 12 Cocktail Garnishes-which are prepackaged,labeled, directly related to the consumption of alcohol and sold solely for purpose of gamishing beverages up to 16 oz. Coolers-all types Cork Screws Devices purporting to measure breath or blood alcohol Dispensers-all types Drink shakers Drip rings Flasks Fresh lemons Fresh limes Fruit squeezers General bar equipment Gift Basket that contain alcohol beverage products and any of the permitted items listed on this page Glass holders Glass washing equipment Glasses-Mugs Hangover remedy - strictly limited to a product manufactured and labeled as a hangover reliever Herb bitters Ice Ice buckets Ice crushers Ice Machines Liquor filled candy Liquor travel cases Liters-Carafes-Decanters Maraschino Cherries Milk Mixes Nutrahol Olives Party Clips (attaches wine glass to plate) Pitchers portable bars(homeuse) Prost and similar beverage magazines Shot measures Soda syphons or mixers Stir sticks Trays Tipsy Teasers-gift-wrap ribbon VideoTape-if part of a special promotional carton and non- reusable Wine Making Kits Wine Racks 13 4 E i IrA pectim Items Valid State Liquor license posted Valid State Sales Tax posted Valid Federal Tax Stamp posted Valid Food Service license posted Minor Warning Sign posted. Meals or Snacks available Cleanness is adequate Books and Invoices available Beer stock acceptable Wine stock acceptable Liquor stock acceptable Alcohol purchased from permitted sources Compliance with gambling restrictions Manager registered with authorities Licensee in possession/control of premises Trade name properly registered Compliance with intoxicated sale restrictions Compliance with sale to minor provisions Premise physical control adequate Acceptable dispensing systems Off premise storage licensed Only permitted items sold 14 Trade Practice Restrictions Pursuant to Section 12-47-308, C.R.S. and Regulations 47-316, 47-320 and 47-322,licensed suppliers(wholesalers,manufacturers,importers,brew pubs)are prohibited from furnishing financial assistance to licensed retailers. The purpose of such restrictions is to prevent suppliers from influencing and/or controlling the product selection of licensed retailers. The following outline summarizes what a supplier MAY provide to a retailer: 1. Certain advertising materials including:napkins,coasters,menu sheets,menu covers, place mats,calendars,trays(ash, serving, change,utility), license holders, lamps, mirrors, clocks,foam scrapers,bottle and can openers,and other normal and customary POS(point-of-sale)materials.These items must carry sufficient advertising to show that they primarily advertise the supplier or the supplier's product. As long as this requirement is met,the supplier may print the retailer's name on such materials and other information about food or drink specials. 2. Signs on the premises which are not temporary in nature: such as a supplier's normal and customary neon or plastic signs. A supplier may not construct or paint any sign for the retailer, and such signs may not include the retailer's name or any information about the establishment.None of the preceding restrictions concerning the type of advertising permitted on exterior signs and interior displays shall be applicable to paper or vinyl bulletins or banners and posters,which are not intended or designed primarily to advertise the retail licensee. 3. Interior displays: such as non-refrigerated racks, bins, barrels, casks,and shelving from which alcohol beverages are actually sold. If a display item has another utility value(e.g.bicycles,snow boards, umbrellas,etc.),the supplier may loan the item to a retailer at no cost for the period of a promotion,and must charge the retailer the cost of the item if the retailer retains the item past the promotion period. 4. Services:such as cleaning and inspecting of dispensing equipment; product delivery,stocking, pricing, rotating,and resetting; sign or display repair. 5. Tickets to events:which are limited to pre-scheduled sporting events or concerts. The supplier may also provide ground transportation and a meal prior to such event. A supplier may not provide any other employee or retailer incentives(prizes, clothing, etc.)in contest form or otherwise. 15 . r i t 7. Promotional nights or other products promotions:which are conducted on the retailer's premises. Supplier representatives must be present to provide any supplier novelty items(t-shirts,etc.)to the public. Suppliers may not pay for any promotional talent,or to advertise the event. 8. Volume or quantity discounts on product purchases: In no event shall the total product sold or provided,per invoice,be sold at a per-case price which is below the per-case laid-in cost of the supplier. 9. Limited right to return alcohol beverage products only when: such product is defective or damaged,when there is an error in delivery,when the supplier discontinues a product, a retailer's operation is seasonal(closed a minimum of three consecutive months),the retail liquor license has expired or is surrendered, or when the supplier takes legal action to recover inventory for non- payment. Beer wholesalers may"trade out"beer products which have exceeded or are ready to exceed manufacturer's freshness date. The trade-out must be for product which is IDENTICAL in specific brand name and container type. Please note: a retailer is also in violation of the aforementioned statutes and/or regulations for accepting any prohibited form of financial assistance. 16 I E 1,2 / I Ell I �� Please Print: NAME lam• �--J�?v� � e-e LA v ✓ :J0A N r--- rj 30M.- I LIQUOR ESTABLISHMENT N12% V �� 1 Lo 00- December 13,2006 SPECIAL LIQUOR BOARD FORUM Donovan Pavilion 1:00 P.M. Owner, Bar Mgr., Doorman or Server? r GLO t . �Ir l C ��l ter' Y I >' %'C-. t%, 14 TELEPHONE s6Zb -7 U '%alb ENTAIL ADDRESS MAILING ADDRESS l Jd0�dog ef�n�rP���• �/ t,;,, v -e Go LAA S�c t ay 1 S P-� ad 12 v� p ✓RCS % z Ix V LA-1 L+11. • s4*-, vo g r}L Z' 't 2 � A1S-- �Vx l k3 - - '�>r< VA'L Cc� �s t CAS 1 `mot aa December 13,2006 SPECIAL LIQUOR BOARD FORUM Donovan Pavilion 1:00 P.M. Please Print: NAME LIQUOR Owner, Bar Mgr., TELEPHONE EMAIL ADDRESS MAILING ADDRESS ESTABLISHMENT Doorman or Server? # ,/ �« � � ..`� gam./ /'-<�� • ��/ 33(- � ( � � cb _ �c� s�(?O V1 2 d December 139,2006 SPECIAL LIQUOR BOARD FORUM Donovan Pavilion 1:00 P.M. Please Print: LIQUOR Owner, Bar Mgr., TELEPHONE EMAIL ADDRESS NAME Q ESTABLISHMENT Doorman or Server? # Zdcl�1PP-OoL� M �vv.,�-5 C�� �►c� •r;�J ���tS �jAQ � E5TRc1Q/t A14 L---e n-)q o F-A60 nJ G195 ro,F MAILING ADDRESS P. tk G� Please Print: NAME '5l VA�(\ )V� )D c) N� ` gam I LIQUOR ESTABLISHMENT z7 5 .kA� December 13,2006 SPECIAL LIQUOR BOARD FORUM Donovan Pavilion 1:00 P.M. Owner, Bar Mgr., Doorman or Server? TELEPHONE 4q i y�� 1 EMAIL ADDRESS MAILING ADDRESS 112(3 C 0- December 13,2006 SPECIAL LIQUOR BOARD FORUM Donovan Pavilion 1:00 P.M. Please Print: MAILING ADDRESS Owner, Bar Mgr., TELEPHONE EMAIL ADDRESS NAME LIQUOR ESTABLISHMENT Doorman or Server? # l "v is S w1 ( ( �6�wv l�wt� h�SrA rA.- Af. K)A-1- \1+-k Cv Fi � S 6 S'�0 (�3 , I,"-, 61 � 5 ��� ��jvd, o-, .2 l AW J 76 - V?l S� �l @ ti ��e,� S�v>,�l� mot✓ l��t �a � 1 J e )-Pro tjAkIV0. Va j 1 c v ,-q r7 9 -9 2q &aeuj 140L too to D lti(c (�es(v(�.� �<<CSCSI �SQ— � ( S � � �'" �r c — � 2 $ Lio-Y,-6L ,..L 4mlo1=�i,��r�S C8/63 331-33�� ; VA t 1 Vt C C �✓.��� ros `�� 5 a2 ✓. V'y S-0 Lk1 UA- December 13,2006 SPECIAL LIQUOR BOARD FORUM Donovan Pavilion 1:00 P.M. Please Print: NAME LIQUOR Owner, Bar Mgr., TELEPHONE EMAIL ADDRESS MAILING ADDRESS-r- ESTABLISHMENT Doorman or Server? # ► -, �1- a. 6rri Ge►�erm Y"1L VAtL CNIc�G�o 12Za �RNhG�-2 C) Ma(C iY1G @C,O� ''. ccrtiY� �OX . you I �f6Sb' ��L , l'oNtC Pr� .N{r g 101 l3(� ( ciZ r v{ l ►cK ECG.5 - S I M-S N&AV k�" ac w u e� �� - lzo& cr �e. "t� T <lees Lk 0- 64 t pp ��/U��-/ 't/� . %� �'-USS�P 1l 04 CJ,,4Qa �141LI _ o oikri-156- Vin ca Slr I/C V 1i I L- fv��=\ 2 c('-L- t:� PKt a o4w-,,j �(I-A - �4,t�� �S�A s �� L cw6,c� December 13,2006 SPECIAL LIQUOR BOARD FORUM Donovan Pavilion 1:00 P.M. Please Print: 2t) December 13,2006 SPECIAL LIQUOR BOARD FORUM Donovan Pavilion 1:00 P.M. Please Print: NAME LIQUOR ESTABLISHMENT Owner, Bar Mgr., Doorman or Server? TELEPHONE # EMAIL ADDRESS MAILING ADDRESS ee I d1t l,c, �5 A � Va L)I / %L F-L( 6 °1'16- 3q 3-Y1,3 4a . ( 1d fL Vkl� ✓C"/ -� 'l LJV jnti�C� D �-+n Q D,^ ' \� WSPJ G l,Vg /_ (%� 'j y� 1 0 _171.7oD3 mciu v+ hM �' ,6,,� w I P �X 5�4t� �I� a ii0 S e-yv V V� �? LL'' V �)✓. �� ✓/� "Q%g- ��1�c, pWI�¢i� G�S+ v c�)1r� �F', [, v , o �3uo WSi haveK �v of r o December 13,2006 SPECIAL LIQUOR BOARD FORUM Donovan Pavilion 1:00 P.M. Please Print: NAME LIQUOR Owner, Bar Mgr., ESTABLISHMENT Doorman or Server? F- by V VC0 l c�U5�0 s Z L- 'Dorn m ic�uc, Gros i<r-, vi rJ �L�� � C� to U C:jr S-a�-C- Sw�� S� MANA r kspur d vJtJ MwO�&C�-y 1JA-NA B Sc,(- /Y).C) TELEPHONE H 1(0-S1--1 l FS-135 Z35 �-& 5�� b -4bsb 375 EMAIL ADDRESS cool MAILING ADDRESS �51s2 -,+I S0,'4 V0 �eoX -;�62g ya- I 6" 1 SST LIN S�VD �l �� 06 61,(3 a �n 00 S�`` at—tA [OVK Coves VAIN fo p16,r ZJ @ G a �{ X00