NOTE: The governor signed this measure on 3/31/2016.
      
      
      HOUSE BILL 16-1151
      
      
      BY REPRESENTATIVE(S) Pabon, Nordberg, Rosenthal, Singer, Fields,
      Lontine, Mitsch Bush, Becker K., Kraft-Tharp, Vigil;
      also SENATOR(S) Holbert, Jahn, Crowder, Garcia, Grantham, Heath,
      Merrifield, Scheffel, Sonnenberg, Woods.
      
      
      Concerning the expansion of penalty mitigation under the
           alcohol beverage laws for vendors meeting the definition
           of a "responsible vendor" as provided by law.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 12-47-202, amend (2)
      (a) (I) (E) as follows:
      
           12-47-202.  Duties of state licensing authority. (2) (a) (I)  Rules
      made pursuant to paragraph (b) of subsection (1) of this section may cover,
      but shall not be limited to, the following subjects:
      
           (E)  Inspections, investigations, searches, seizures, and such
      activities as may become necessary from time to time, including a range of
      penalties for use by licensing authorities, which shall include aggravating
      and mitigating factors to be considered, when persons under twenty-one
      years of age are utilized to investigate sales of alcohol beverages by liquor
      licensees to underage persons when licensees' employees violate
      certain provisions of article 46 of this title and this article
      including the sale or service of alcohol beverages to persons
      under twenty-one years of age or to visibly intoxicated persons;
      
           SECTION 2.  In Colorado Revised Statutes, 12-47-601, amend (9)
      as follows:
      
           12-47-601.  Suspension - revocation - fines. (9)  When penalizing
      a vendor who has violated section 12-47-901 (1) (a) by serving a minor
      during an underage compliance check provisions of article 46 of this
      title and this article that prohibit the service of an alcohol
      beverage to a minor or a visibly intoxicated person, state and local
      licensing authorities shall consider it a mitigating factor if the vendor is a
      responsible alcohol beverage vendor as defined by part 10 of this article.
      In addition, the state licensing authority by rule may include
      other violations of article 46 of this title and this article that
      licensing authorities shall consider for mitigation if the vendor
      qualifies as a responsible alcohol beverage vendor.
      
           SECTION 3.  Act subject to petition - effective date -
      applicability. (1)  This act takes effect at 12:01 a.m. on the day following
      the expiration of the ninety-day period after final adjournment of the
      general assembly (August 10, 2016, if adjournment sine die is on May 11,
      2016); except that, if a referendum petition is filed pursuant to section 1 (3)
      of article V of the state constitution against this act or an item, section, or
      part of this act within such period, then the act, item, section, or part will
      not take effect unless approved by the people at the general election to be
      held in November 2016 and, in such case, will take effect on the date of the
      official declaration of the vote thereon by the governor.
      
           (2)  This act applies to violations of articles 46 and 47 of title 12,
      Colorado Revised Statutes, occurring on or after the applicable effective
      date of this act.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                            Effie Ameen
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO