HOUSE BILL 971222
BY REPRESENTATIVES Chavez, Clarke, Grossman, Mace, Romero, Sullivant, Tate, and Veiga;
also SENATORS B. Alexander, Hernandez, Linkhart,
Pascoe, and Tanner.
CONCERNING THE CIRCUMSTANCES UNDER WHICH A LIQUOR
LICENSE APPLICATION MAY BE DENIED WHEN THE APPLICANT PREMISES
ARE LOCATED IN AN AREA WHERE LICENSES OF THE SAME CLASS HAVE BEEN
GRANTED.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 1247106
(2), Colorado Revised Statutes, 1991 Repl. Vol., is amended to
read:
1247106. Licensing
denial of licensure. (2) (a) Before granting
any license, all licensing authorities shall consider, except
where this article specifically provides otherwise, the reasonable
requirements of the neighborhood, the desires of the adult inhabitants
as evidenced by petitions, remonstrances, or otherwise, and all
other reasonable restrictions which are or may be placed upon
the neighborhood by the local licensing authority. With respect
to a second or additional hotel and restaurant license for the
same licensee, all licensing authorities shall consider the effect
on competition of the granting or disapproving of additional licenses
to such licensee, and no application for a second or additional
hotel and restaurant license shall be approved which would have
the effect of restraining competition.
(b) A LOCAL LICENSING AUTHORITY OR THE
STATE ON STATE OWNED PROPERTY MAY DENY THE ISSUANCE OF ANY NEW
TAVERN OR RETAIL LIQUOR STORE LICENSE WHENEVER SUCH AUTHORITY
DETERMINES THAT THE ISSUANCE OF SUCH LICENSE WOULD RESULT IN OR
ADD TO AN UNDUE CONCENTRATION OF THE SAME CLASS OF LICENSE AND,
AS A RESULT, REQUIRE THE USE OF ADDITIONAL LAW ENFORCEMENT RESOURCES.
SECTION 2. 1247138,
Colorado Revised Statutes, 1991 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
1247138. Restrictions for
applications for new license. (2) AN
APPLICATION FOR THE ISSUANCE OF A TAVERN OR RETAIL LIQUOR STORE
LICENSE MAY BE DENIED UNDER THIS ARTICLE IF THE LOCAL LICENSING
AUTHORITY OR THE STATE ON STATE OWNED PROPERTY DETERMINES, PURSUANT
TO SECTION 1247106 (2), THAT THE ISSUANCE OF SUCH
LICENSE WOULD RESULT IN OR ADD TO AN UNDUE CONCENTRATION OF THE
SAME CLASS OF LICENSE AND, AS A RESULT, REQUIRE THE USE OF ADDITIONAL
LAW ENFORCEMENT RESOURCES.
SECTION 3. 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.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO