Bill Summary for Bill Number HB10-1150

Date: 02/02/2010

Final
BILL SUMMARY for HB10-1150

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Votes: View-->	Action Taken:
Moved amendment L.005 (Attachment C). The motion Moved amendment L.006 (Attachment D). The motion Moved amendment L.007 (Attachment E). The motion Moved to refer House Bill 10-1150, as amended, to	PASS Pass Without Objection Pass Without Objection PASS

10:33 AM -- House Bill 10-1150

The committee took a brief recess.

10:38 AM

The committee was called back to order. Representative J. Kerr, prime sponsor, presented House Bill 10-1150 concerning a license for caterers to sell alcohol beverages at catered events. The bill creates a new type of alcohol license that authorizes caterers to sell and serve alcohol where food is catered, subject to specified limitations. House Bill 10-1150 imposes an annual state licensing fee of $325 and an annual local licensing fee of $500. Representative Stephens asked a question about an amendment. Representative J. Kerr distributed the following amendments:

Amendment L.005 (Attachment C);

Amendment L.006 (Attachment D); and

Amendment L.007 (Attachment E).

10:43 AM -- Kevin Bommer, representing the Colorado Municipal League (CML), testified against the bill without any amendments. He talked about the uniqueness of the license proposed in the bill since most liquor licenses are for a specific premise. Mr. Bommer stated that the CML is in favor of the bill with the amendments and discussed the amendments. Representative Middleton asked some questions regarding the notification requirement. Mr. Bommer continued discussing the amendments. Representative Liston asked whether the caterers will know where to send the notification that is required. Mr. Bommer responded.

10:55 AM -- Darby Donohue, representing the Colorado Caterer's Association, testified in support of the bill. He talked about the purpose of the association. Mr. Donohue explained how the bill came about and what caterers would be allowed to do under the bill that they currently cannot. He said they already deal with alcohol, but there is no offset for it. Representative Soper asked a clarifying question.

11:03 AM -- David Rubin, a caterer, representing the Colorado Caterer's Association, testified in support of the bill. He explained that they already handle this type of responsibility without the offset for the costs involved. Representative Balmer asked how the bill would effect the liquor licenses and liability of the other venues involved, including hotels. Mr. Rubin explained the insurance the caterers carry and said the caterers are already liable.

11:08 AM -- Ingrid Nagy, a caterer, representing the Colorado Caterer's Association, testified in support of the bill. She responded to Representative Balmer's earlier concerns and questions. Ms. Nagy said they already share the liability and the bill would allow them to obtain revenue to offset their costs. Representative Gagliardi asked about the provision to buy and sell liquor. Ms. Nagy said the caterer supplies everything involved with the liquor, including picking up the liquor, delivering the liquor, and supplying the bartenders. Representative Liston asked about the number of layoffs in the catering industry. Ms. Nagy talked about caterers that have recently closed and the fluctuation in income in the industry based on the time of year. Representative Liston followed up with a question regarding the types of liquor caterers can sell. Representative Stephens asked what happens to left over alcohol. Ms. Nagy stated that the client keeps the unused alcohol or it can be returned to the liquor store for the credit. Representative A. Kerr asked what happens to a bottle that is partially used when the client has a per drink cash bar. Ms. Nagy responded that with a cash bar, the client is only paying per drink, so the client has not paid for the unused alcohol and therefore the caterer can keep that unused portion.

11:18 AM -- Pete Meersman, representing the Colorado Restaurant Association, testified in support of the bill. He said originally they were against the bill because of the language on page three, lines 19-22 of the bill. Mr. Meersman stated that the concern will be addressed in an amendment. He said the bill allows a catering license, but does not require one. Representative Balmer asked a question of the witness. Representative A. Kerr asked whether Mr. Meersman believes that a caterer who does not obtain this license would still be able to compete with other caterers who do obtain the license. Representative Gagliardi asked about the required age of the caterers serving alcohol.

11:25 AM -- Don Pace, Field Operations Supervisor, Colorado Liquor Enforcement Division, responded to questions from the committee regarding the age of caterers and the age to obtain a license. Representative Balmer asked about the TIPS (Training for Intervention ProcedureS) training requirements. Mr. Pace said there is not a requirement for TIPS training. Representative Balmer asked about age requirements.


BILL:	HB10-1150
TIME:	11:34:17 AM
MOVED:	Stephens
MOTION:	Moved amendment L.005 (Attachment C). The motion passed 10-1.
SECONDED:	Bradford
		VOTE
	Balmer	No
	Bradford	Yes
	Casso	Yes
	Kerr A.	Yes
	Liston	Yes
	Middleton	Yes
	Priola	Yes
	Soper	Yes
	Stephens	Yes
	Gagliardi	Yes
	Rice	Yes

Not Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB10-1150
TIME:	11:36:10 AM
MOVED:	Bradford
MOTION:	Moved amendment L.006 (Attachment D). The motion passed without objection.
SECONDED:	Liston
		VOTE
	Balmer
	Bradford
	Casso
	Kerr A.
	Liston
	Middleton
	Priola
	Soper
	Stephens
	Gagliardi
	Rice

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1150
TIME:	11:37:28 AM
MOVED:	Bradford
MOTION:	Moved amendment L.007 (Attachment E). The motion passed without objection.
SECONDED:	Liston
		VOTE
	Balmer
	Bradford
	Casso
	Kerr A.
	Liston
	Middleton
	Priola
	Soper
	Stephens
	Gagliardi
	Rice

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

11:38 AM

Representative Gagliardi asked the Caterer's Association to explain the age requirements of the caterers. Mr. Donohue explained that no one under the age of 18 can handle alcohol in any capacity. A discussion on age ensued.


BILL:	HB10-1150
TIME:	11:41:40 AM
MOVED:	Bradford
MOTION:	Moved to refer House Bill 10-1150, as amended, to the Committee on Finance . The motion passed 11-0.
SECONDED:	Balmer
		VOTE
	Balmer	Yes
	Bradford	Yes
	Casso	Yes
	Kerr A.	Yes
	Liston	Yes
	Middleton	Yes
	Priola	Yes
	Soper	Yes
	Stephens	Yes
	Gagliardi	Yes
	Rice	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:42 AM

The committee adjourned.