Date: 03/14/2013
Final
BILL SUMMARY for SB13-043
HOUSE COMMITTEE ON BUSINESS, LABOR, ECONOMIC, & WORKFORCE DEVELOPMENT
| Votes: View--> | Action Taken: |
| Refer Senate Bill 13-043 to the Committee of the W | PASS |
01:32 PM -- Senate Bill 13-043
Representative Gardner, prime sponsor, presented Senate Bill 13-043 to the committee. He stated that the bill was one of a few that he and Senator Kerr had brought forward from the Colorado Restaurant Association (CRA). Representative Gardner described the provisions of the bill, which would extend the exemption allowed to retail gaming taverns from prosecution under the Colorado Liquor Code when an alcoholic beverage is removed from the premises to all establishments licensed for on-premise consumption. As a result, the customer who removes the beverage would be subject to a $250 fine. Representative Gardner stated that under current law, on-premise consumption establishments are vulnerable to fines, license suspension, and/or license revocation due to an action they do not always have the power to prevent. He stated that the sign would also be a helpful reference point that restaurant employees could indicate when a patron questioned the law. Representative Gardner stated that this protection already exists for retail gaming, so it should be extended to all restaurants. He showed the committee a sample, framed version of the approved signage.
01:42 PM
Representative Gardner responded to questions from the committee on: exceptions for corked wine, the impact this legislation has on law enforcement, applicability, the changes in the reengrossed bill; and issue-specific data.
01:52 PM
Questions to Representative Gardner continued on: potential unintended consequences of shifting the burden to the consumer; why the new signage is smaller; the sign's distance from the exit; sign readability; and on translations of the sign to other languages. Representative Gardner stated that he and Senator Kerr would welcome second reading amendments to address the issues of sign placement and translation.
The following individuals testified to the committee:
01:59 PM -- Dean Cunningham, Sergeant with the City of Fort Collins Police Department, spoke against the bill. Sgt. Cunningham discussed his work in Fort Collins' downtown district where there are 60 liquor licenses within one square mile. The area receives around 10,000 visitors every Friday and Saturday night. He stated that the bill erodes the responsibilities of licensees to keep alcoholic beverages off the streets and decreases licensees' incentive to work with police officers. He stated that the bill would decrease public safety and increase public alcohol consumption. He responded to questions from the committee.
02:15 PM -- Christy Chase, Office of Legislative Legal Services, came to the table to respond to questions from the committee.
02:18 PM -- Mishawn Cook, Tax and License Manager with the City of Boulder, spoke against the bill. Ms. Cook stated that the prohibition is a necessary restriction. She described the University of Colorado bar scene. She stated that Boulder needs the assistance of licensees to control the removal of alcohol from liquor-licensed establishments. She stated that she has seen only two written violations of the state liquor code in relation to this issue over the past decade. She responded to questions from the committee.
02:34 PM -- Nick Hoover, CRA, spoke in favor of the bill. Mr. Hoover stated that 75 percent of CRA's members hold a liquor license. He stated that the bill provides education to the public on the law and prevents servers from having to chase people down. He responded to questions from the committee.
02:40 PM -- Karen Parker, Fresh Fish Company, spoke in favor of the bill. Ms. Parker said that this legislation would help her staff to explain the law to patrons. She responded to questions from the committee.
02:45 PM -- Catherine Cooney, Palm Restaurant, spoke in favor of the bill. She stated the circumstances in her restaurant's location that made the issue of alcoholic beverage removal a daily problem. She stated that the legislation would help restaurant owners have another defense. She responded to questions from the committee.
02:52 PM
Committee discussion ensued on whether cities with college campuses should be exempted and whether licensees with repeat violations should be punished. Representative Gardner made closing comments on the bill. He discussed his willingness to work with committee members on second reading amendments.
 | |
| BILL: | SB13-043 | |
| TIME: | 02:56:10 PM |
| MOVED: | Szabo |
| MOTION: | Refer Senate Bill 13-043 to the Committee of the Whole. The motion passed on a vote of 11-0. |
| SECONDED: | DelGrosso |
| VOTE |
| DelGrosso | Yes |
| Exum | Yes |
| Hamner | Yes |
| Holbert | Yes |
| Navarro | Yes |
| Nordberg | Yes |
| Rosenthal | Yes |
| Ryden | Yes |
| Szabo | Yes |
| Kraft-Tharp | Yes |
| Williams | Yes |
| | |
YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS |
03:00 PM
The committee adjourned.