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.
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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."
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„ 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
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Division of Liquor/Tobacco Enforcement
David F. Dechant, Senior Director Matt D. Cook, Division Director
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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.
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David F. Dechant Senior Director Matt D. Cook Division Director
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Copyright Q 2003,Colorado Department of Revenue
Privacy Statement
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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
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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.
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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.
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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.
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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,
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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
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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.
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3. Check for an extra layer of lamination.
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4. Look at both sides of an ID for alterations.
David F. Dechant Senior Director Matt D. Cook Division Director
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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.
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Publications & Info Pamphlets Racetracks are required to have food available during hours of operation.
Statistics
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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.
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David F. Dechant Senior Director Matt D. Cook Division-Director
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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
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David F. Dechant, Senior Director Matt D. Cook, Division Director
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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]
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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?).
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4 5£
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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
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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
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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
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be conspicuously displayed during the event.
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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
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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.
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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
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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.
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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
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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.
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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.
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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.
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'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.
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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
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Colorado Department of Revenue
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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.
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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.
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Colorado Department of Revenue
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(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
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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
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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.
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Final Position
Alcohol Beverage Donations
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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.
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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
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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.
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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.
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STATE OF COLORADO
LIQUOR ENFORCEMENT DMenON
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1881 Pow Skrest.Sub 108A Lakewood,CO 80214
Phor.(303)205-2300
FAX(300)205-2341
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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
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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.
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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.
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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
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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
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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
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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?'
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Division Web Page F
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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.
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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.
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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
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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)
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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)
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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).
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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).
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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.
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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.
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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.
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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
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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
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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
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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.
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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
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