HOUSE Amended 2nd Reading February 14, 2014Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO. 14-0717.01 Christy Chase x2008 HOUSE BILL 14-1132 HOUSE SPONSORSHIP Duran, SENATE SPONSORSHIP Steadman, House Committees Senate Committees Local Government A BILL FOR AN ACT Concerning the ability of a local government to establish the hours during which alcohol beverages may be sold for consumption on a licensed premises. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Current law prohibits a person licensed to sell alcohol beverages for on-premises consumption from serving alcohol beverages between the hours of 2 a.m. and 7 a.m. The bill allows a local government to establish the hours during which alcohol beverages may be sold for on-premises consumption at establishments within the local government's jurisdiction. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 12-47-302, amend (1) as follows: 12-47-302. License renewal. (1) (a) Ninety days prior to the expiration date of an existing license, the state licensing authority shall notify the licensee of such the expiration date by first class mail at the business' last-known address. Application for the renewal of The licensee shall submit an application to renew an existing license shall be 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 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). (b) 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 prior to the hearing. (c) The licensing authority may refuse to renew any license for good cause, subject to judicial review. Alternatively, a local licensing authority, for good cause, may, as a condition of renewal of a license that authorizes a person to serve alcohol beverages for on-premises consumption, restrict the allowable hours during which the establishment may serve malt, vinous, and spirituous liquors. Any renewal hearing held by the state licensing authority shall be pursuant to section 12-47-305 (2). SECTION 2. In Colorado Revised Statutes, add 12-47-314 as follows: 12-47-314. Hours of operation for establishments licensed for on-premises alcohol beverage consumption- determination by local government. (1) Notwithstanding section 12-47-901 (5) (b) (I), the governing body of a municipality, city and county, or county, by the adoption of an ordinance or resolution, may extend the hours during which establishments within the jurisdiction of the municipality, city and county, or county that are licensed to sell alcohol beverages for consumption on the licensed premises may serve malt, vinous, or spirituous liquors for on-premises consumption, but the governing body shall not allow a licensed establishment to serve malt, vinous, or spirituous liquors between the hours of 4:30 a.m. and 7 a.m. If the governing body of a municipality, city and county, or county extends service hours pursuant to this section, the service hours must apply uniformly throughout the municipality, city and county, or county. (2) If the governing body of a municipality, city and county, or county adopts an ordinance or resolution extending malt, vinous, or spirituous liquor service hours pursuant to this section, the local licensing authority for the municipality, city and county, or county shall notify the state licensing authority of the extended hours within the jurisdiction and of the licensed establishments affected by the extension of malt, vinous, or spirituous liquors service hours. SECTION 3. In Colorado Revised Statutes, 12-47-901, amend (5) (b) (I) as follows: 12-47-901. Unlawful acts - exceptions. (5) It is unlawful for any person licensed to sell at retail pursuant to this article: (b) To sell, serve, or distribute any malt, vinous, or spirituous liquors at any time other than the following: (I) For consumption on the premises on any day of the week, except between the hours of 2 a.m. and 7 a.m., unless the governing body of a municipality, city and county, or county, by adoption of an ordinance or resolution pursuant to section 12-47-314, extends the hours during which malt, vinous, or spirituous liquors may be served for on-premises consumption at licensed premises within its jurisdiction, but in no case may a person licensed under this article serve malt, vinous, or spirituous liquors for on-premises consumption between the hours of 4:30 a.m. and 7 a.m.; SECTION 4. In Colorado Revised Statutes, 42-4-1306, add (2.5) as follows: (2.5) The interagency task force on drunk driving shall study the impact of expanded alcohol beverage service hours on the number of incidents of drunk and impaired driving and submit a report of its findings pursuant to subsection (4) of this section by January 15, 2015. SECTION 5. Effective date. This act takes effect upon passage; except that sections 1 and 2 of the bill take effect July 15, 2015. SECTION 6. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.