First Regular Session
Sixty-first General Assembly
LLS NO. 970833.01D JLB
HOUSE BILL 971357
STATE OF COLORADO
BY REPRESENTATIVE Schauer;
also SENATOR Alexander.
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
CONCERNING ALCOHOL BEVERAGES.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Creates a right of action for persons injured by the sale or shipment of alcohol beverages by or to any person not having a license or permit. States that a successful plaintiff shall recover an amount equal to 3 times the amount of actual damages sustained. Actual damages are the amount lost because of the unlawful activity.
The prevailing party shall recover the costs of the
action and reasonable attorney fees.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part 8 of article 47 of title 12, Colorado Revised Statutes, 1991 Repl. Vol., as amended by House BILL 9713571076, enacted at the First Regular Session of the Sixtyfirst General Assembly, is amended BY THE ADDITION OF THE FOLLOWING NEW SECTION to read:
1247803. Enforcement. (1) ANY PERSON INJURED AS A RESULT OF A VIOLATION OF SECTION 1247901 (1) (g) MAY MAINTAIN AN ACTION AS SET FORTH IN SUBSECTION (2) OF THIS SECTION IF THE VIOLATION INVOLVED THE DELIVERY OF AN ALCOHOL BEVERAGE BY UNITED STATES MAIL OR COMMON CARRIER TO A PERSON OTHER THAN A LICENSED WHOLESALER OR A LICENSED RETAILER OR INVOLVED A SALE OTHER THAN THROUGH A LICENSED WHOLESALER OR LICENSED RETAILER. IN ADDITION, ANY PERSON INJURED AS A RESULT OF A SHIPMENT OF VINOUS LIQUOR HAVING BEEN MADE BY A PERSON NOT IN POSSESSION OF A VALID WINE SHIPMENT PERMIT UNDER SECTION 1247104 MAY MAINTAIN AN ACTION AS SET FORTH IN SUBSECTION (2) OF THIS SECTION.
(2) ANY PERSON INJURED AS SET FORTH IN SUBSECTION (1) OF THIS SECTION MAY:
(a) MAINTAIN AN ACTION TO ENJOIN THE CONTINUANCE OF ANY ACTION IN VIOLATION OF SUBSECTION (1) OF THIS SECTION;
(b) SUE TO RECOVER THREE TIMES THE AMOUNT OF ACTUAL DAMAGES SUSTAINED.
(3) IN ANY ACTION UNDER SUBSECTION (1) OF THIS SECTION, THE COURT SHALL AWARD THE PREVAILING PARTY THE COSTS OF THIS ACTION INCLUDING EXPERT FEES AND REASONABLE ATTORNEY FEES.
SECTION 2. 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.