Date: 04/04/2006

Final
BILL SUMMARY for SB06-068

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Votes: View--> Action Taken:
Prepared amendment L.004 (Attachment A). The moti
Refer the bill to the Committee of the Whole. The		Pass Without Objection
PASS


01:33 PM -- Senate Bill 06-068

Representative Frangas, bill sponsor, re-introduced the bill to the committee (for prior testimony and discussion on the bill, see Staff Summary of Meeting, dated March 21, 2006). Representative Frangas explained the provisions of prepared amendment L.004 (Attachment A) that were drafted in response to testimony received at the prior hearing. The amendment strikes a provision that allows local governments to adopt ordinances or resolutions specifying the terms and conditions for the transfer of a liquor license.


01:37 PM

Pete Meersman, Colorado Restaurant Association, spoke in support of the proposed amendment. He indicated he is not sure that, as amended, the bill does anything not currently allowed in regulations.

Representative Frangas responded that the regulatory process is arbitrary and the statutory process will be statutory and non-arbitrary.


01:42 PM

Councilman Rick Garcia, Denver City Council, spoke in support of the bill. Councilman Garcia agreed with prior testimony regarding the effect of the bill as amended noting it provides local licensing authorities assistance in deciding whether or not to approve a license transfer. He agreed that current licensing codes are a bit vague and the bill as amended would provide more direction.

Committee members discussed the need for and the effect of the bill.


01:51 PM

Richard Kisseberth, Capitol Hill United Neighborhoods, spoke in support of the bill. He spoke to the association's role in notifying neighbors of applications for and changes in liquor licenses. He noted that under current law, the only basis on which community organizations can challenge the transfer of a license is the moral character of the transferee and that organizations do not feel qualified to make such a judgment. He asked for some kind of assurance that such organizations be able to provide input into transfer applications based on some factor other than moral character without necessitating additional hearings and indicated the bill appears to do that.


01:57 PM

Judy Montero, Denver City Council, spoke in support of the bill as amended by the proposed amendment.


01:59 PM

Kevin Bommer, Colorado Municipal League, spoke in support of the bill. He noted that Colorado Counties, Inc. also supports the bill. In response to a committee question regarding the scope of the issue given that the testimony has been limited to individuals from the City and County of Denver, Mr. Bommer noted that other municipalities have raised issues regarding the factors to be considered in liquor license transfers. He responded to testimony at the prior hearing regarding how the bill might affect the sale of a property and noted that the transfer hearing process would not take place until after the property had already been sold. In response to an additional question regarding the language "ANY ANALOGOUS SUCCESSOR RULE," Mr. Bommer indicated this is standard language that prevents rules from being found null and void if they are amended and the citations change in the future.
BILL:SB06-068
TIME: 02:10:08 PM
MOVED:Lindstrom
MOTION:Prepared amendment L.004 (Attachment A). The motion carried without objection.
SECONDED:Merrifield
VOTE
Berens
Cerbo
Curry
Decker
Massey
Merrifield
Soper
Stafford
Stengel
Lindstrom
Hodge
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


02:10 PM

Representative Frangas provided closing comments on the bill.
BILL:SB06-068
TIME: 02:12:47 PM
MOVED:Cerbo
MOTION:Refer the bill to the Committee of the Whole. The motion carried on an 8-3 roll call vote.
SECONDED:Lindstrom
VOTE
Berens
No
Cerbo
Yes
Curry
Yes
Decker
Yes
Massey
Yes
Merrifield
Yes
Soper
Yes
Stafford
No
Stengel
No
Lindstrom
Yes
Hodge
Yes
Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS