Date: 02/22/2006

Final
BILL SUMMARY for HB06-1182

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Votes: View--> Action Taken:
Moved amendment L.001 (Attachment B). The amendme
Moved to postpone House Bill 06-1182 indefinitely.
Moved to refer House Bill 06-1182, as amended, to
PASS
PASS
FAIL


10:19 AM -- House Bill 06-1182

Representative Ragsdale, prime sponsor, presented House Bill 1182. She stated that the bill would limit the number of certain types of liquor licenses on a per capita basis within each county or city and county (one license for every 5,000 residents). Once the maximum number of available licenses have been issued, new licenses would only be issued to persons who transfer an existing license for premises that are equivalent in total square footage to the total square footage of the premises operated under the existing license.


10:20 AM

The committee asked Representative Ragsdale to explain the problem that brought about this legislation. She explained the problem of large businesses buying out liquor licenses and putting small businesses out of business. She stated the bill protects the small business owners.

10:24 AM --
Kevin Bommer, representing the Colorado Municipal League (CML), testified in opposition to the bill. He distributed a handout about the CML's position (Attachment A). Mr. Bommer stated the bill infringes on the authority granted to local licensing authorities. He added that there are already local tools to prevent undue concentrations of liquor stores.

10:29 AM

There was discussion about the cost of a liquor license now, as opposed to if the bill passes. Mr. Bommer stated that the current transfer fee, application fee, and renewal fees would all stay the same. However, if a business wants to sell the business and transfer the license, the cost of selling the business would increase dramatically. There was committee discussion about how liquor licenses are currently issued. Mr. Bommer responded that it is not apportioned by population, it is driven by the people's will.

10:41 AM --
Zack Ford, representing the Colorado Licensed Beverage Association, testified in support of the bill. He stated that in some cases the local governments do not listen to the citizens when they oppose a new liquor license. Mr. Ford responded to committee questions about rural counties and how they can comply with the per capita limit. Representative Knoedler stated that for every 5,000 residents there can be one liquor license, and he feels that would place a burden on rural counties. There was discussion about limiting access to the industry.

10:29 AM

Representative Penry talked about a recent situation in Palisade, Colorado where there was a huge citizen outcry in opposition to a liquor store that was close to a school. He stated that despite the outcry, the city and licensing authorities pressed on and approved the license anyway.
BILL:HB06-1182
TIME: 10:51:30 AM
MOVED:Penry
MOTION:Moved amendment L.001 (Attachment B). The amendment would remove from statute the local licensing authority's ability to eliminate or reduce the distance restrictions between liquor stores and schools. The motion passed on a 9-3 vote.
SECONDED:Marshall
VOTE
Balmer
Yes
Borodkin
No
Butcher
Excused
Carroll M.
Yes
Coleman
No
Knoedler
Yes
Liston
Yes
McCluskey
Yes
Paccione
Yes
Penry
Yes
Welker
Yes
Cerbo
No
Marshall
Yes
Not Final YES: 9 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS



BILL:HB06-1182
TIME: 10:59:43 AM
MOVED:Liston
MOTION:Moved to refer House Bill 06-1182, as amended, to the Committee of the Whole. The motion failed on a 5-8 vote.
SECONDED:Coleman
VOTE
Balmer
No
Borodkin
No
Butcher
Yes
Carroll M.
No
Coleman
Yes
Knoedler
No
Liston
Yes
McCluskey
No
Paccione
No
Penry
Yes
Welker
No
Cerbo
No
Marshall
Yes
Not Final YES: 5 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB06-1182
TIME: 11:01:45 AM
MOVED:Knoedler
MOTION:Moved to postpone House Bill 06-1182 indefinitely. The motion passed on an 8-5 vote.
SECONDED:McCluskey
VOTE
Balmer
Yes
Borodkin
Yes
Butcher
No
Carroll M.
Yes
Coleman
No
Knoedler
Yes
Liston
Yes
McCluskey
Yes
Paccione
Yes
Penry
No
Welker
Yes
Cerbo
No
Marshall
No
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS