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First Regular Session

Sixty-first General Assembly

LLS NO. 97­0396.01 JBB SENATE BILL 97­033

STATE OF COLORADO

BY SENATOR Lacy;

also REPRESENTATIVE Tool.

REVISED

JUDICIARY

A BILL FOR AN ACT

CONCERNING LIMITATIONS ON PENALTIES IMPOSED FOR THE ALLEGED SALE OF ALCOHOLIC BEVERAGES TO ANY PERSON UNDER THE AGE OF TWENTY­ONE YEARS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Limits the disciplinary action that may be taken by a local licensing agent or the division of liquor enforcement when a licensee has provided beer or liquor to an underage person who was acting at the direction or under the authority of an employee of a law enforcement agency to:

Requires that, when it is alleged that a licensee has provided beer or liquor to an underage person who was not acting at the direction or under the authority of an employee of a law enforcement agency, the underage person must be charged with a violation of the "Colorado Beer Code", "Colorado Liquor Code", or "Colorado Criminal Code" prior to the imposition of any disciplinary action unless the underage person is outside of the jurisdiction of the Colorado state courts or is deceased.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  12­46­107 (1), Colorado Revised Statutes, 1991 Repl. Vol., is amended, and the said 12­46­107 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

12­46­107.  Suspension or revocation ­ fines.  (1)  The power and authority to suspend or revoke a license issued pursuant to this article extends to any local licensing authority. EXCEPT AS LIMITED BY SUBSECTION (2.5) OF THIS SECTION, such authority may, on its own motion or on complaint, after investigation and public hearing at which the licensee shall be afforded an opportunity to be heard, suspend or revoke any license issued by such authority for any violation by the licensee or by any of the agents, servants, or employees of such licensee of the provisions of this article, or of any of the rules or regulations authorized pursuant to this article, or of any of the terms, conditions, or provisions of the license issued by such authority. Conviction of a violation of this article or any of the rules and regulations authorized and adopted pursuant to this article shall be grounds for, but shall not be required prior to, such a suspension or revocation.

(2.5)   IF A LOCAL LICENSING AUTHORITY OR THE LIQUOR ENFORCEMENT DIVISION IN THE DEPARTMENT OF REVENUE DETERMINES THAT A LICENSEE HAS VIOLATED SECTION 12­46­112 (1) (a) OR (1) (b) (I) BY PROVIDING A FERMENTED MALT BEVERAGE TO A PERSON UNDER THE AGE OF TWENTY­ONE YEARS WHO WAS ACTING UNDER THE DIRECTION AND AUTHORITY OF AN EMPLOYEE OF A LAW ENFORCEMENT AGENCY AND THAT DISCIPLINARY ACTION IS APPROPRIATE, THE DISCIPLINARY ACTION SHALL BE LIMITED AS FOLLOWS:

(a)  IF NO DISCIPLINARY ACTION HAS BEEN TAKEN AGAINST THE LICENSEE FOR A VIOLATION OF SECTION 12­46­112 (1) (a) OR (1) (b) (I) COMMITTED DURING THE THIRTY­SIX­MONTH PERIOD IMMEDIATELY PRECEDING COMMISSION OF THE CURRENT VIOLATION, THE MAXIMUM DISCIPLINARY ACTION THAT MAY BE IMPOSED IS A FINE OR SUSPENSION AT THE DISCRETION OF THE STATE OR LOCAL LICENSING AUTHORITY THAT ISSUED THE NOTICE OF HEARING; EXCEPT THAT SUCH DISCIPLINARY ACTION SHALL BE STAYED FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS PROVIDED DURING SAID PERIOD THERE IS NO FURTHER LIQUOR CODE VIOLATIONS.

(b)  IF ONLY ONE DISCIPLINARY ACTION HAS BEEN ISSUED FOR A VIOLATION OF SECTION 12­46­112 (1) (a) OR (1) (b) (I) COMMITTED DURING THE THIRTY­SIX­MONTH PERIOD IMMEDIATELY PRECEDING COMMISSION OF THE CURRENT VIOLATION, THE MAXIMUM DISCIPLINARY ACTION THAT MAY BE IMPOSED ON THE LICENSEE IS A FINE OR SUSPENSION OF THE LICENSE AT THE DISCRETION OF THE STATE OR LOCAL LICENSING AUTHORITY THAT ISSUED THE NOTICE OF HEARING.

(c)  IF MORE THAN ONE DISCIPLINARY ACTION HAS BEEN TAKEN FOR VIOLATIONS OF SECTION 12­46­112 (1) (a) OR (1) (b) (I) COMMITTED DURING THE THIRTY­SIX­MONTH PERIOD IMMEDIATELY PRECEDING COMMISSION OF THE CURRENT VIOLATION, ANY DISCIPLINARY ACTION AUTHORIZED BY THIS ARTICLE MAY BE TAKEN AT THE DISCRETION OF THE STATE OR LOCAL LICENSING AUTHORITY THAT ISSUED THE NOTICE OF HEARING.

SECTION 2.  12­47­110 (1), Colorado Revised Statutes, 1991 Repl. Vol., is amended, and the said 12­47­110 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

12­47­110.  Suspension or revocation ­ procedure ­ fines. (1)  In addition to any other penalties prescribed by this article, BUT EXCEPT AS LIMITED BY SUBSECTION (2.5) OF THIS SECTION, the state or any local licensing authority has the power, on its own motion or on complaint, after investigation and public hearing at which the licensee shall be afforded an opportunity to be heard to suspend or revoke any license issued by such authority for any violation by the licensee or by any of the agents, servants, or employees of such licensee of the provisions of this article, or any of the rules or regulations authorized pursuant to this article or of any of the terms, conditions, or provisions of the license issued by such authority. In addition, any state or local licensing authority, in its discretion, may revoke or elect not to renew a retail license if it determines that the licensed location has been inactive, without good cause, for at least one year or, in the case of a retail license approved for a facility which has not been constructed, such facility has not been constructed and placed in operation within two years of approval of the license application or construction of the facility has not commenced within one year of such approval. Any licensing authority has the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of any hearing which the licensing authority is authorized to conduct.

(2.5)   IF A LOCAL LICENSING AUTHORITY OR THE LIQUOR ENFORCEMENT DIVISION IN THE DEPARTMENT OF REVENUE DETERMINES THAT A LICENSEE HAS VIOLATED SECTION 12­47­128 (1) (a) OR (5) (a) (I) BY PROVIDING MALT, VINOUS, OR SPIRITUOUS LIQUOR TO ANY PERSON UNDER THE AGE OF TWENTY­ONE YEARS WHO WAS ACTING UNDER THE DIRECTION AND AUTHORITY OF AN EMPLOYEE OF A LAW ENFORCEMENT AGENCY AND THAT DISCIPLINARY ACTION IS APPROPRIATE, THE DISCIPLINARY ACTION SHALL BE LIMITED AS FOLLOWS:

(a) IF NO DISCIPLINARY ACTION HAS BEEN TAKEN AGAINST THE LICENSEE FOR A VIOLATION OF SECTION 12­47­128 (1) (a) OR (5) (a) (I) COMMITTED DURING THE THIRTY­SIX­MONTH PERIOD IMMEDIATELY PRECEDING COMMISSION OF THE CURRENT VIOLATION, THE MAXIMUM DISCIPLINARY ACTION THAT MAY BE IMPOSED IS A FINE OR SUSPENSION AT THE DISCRETION OF THE STATE OR LOCAL LICENSING AUTHORITY THAT ISSUED THE NOTICE OF HEARING; EXCEPT THAT SUCH DISCIPLINARY ACTION SHALL BE STAYED FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS PROVIDED DURING SAID PERIOD THERE IS NO FURTHER LIQUOR CODE VIOLATIONS.

(b)  IF ONLY ONE DISCIPLINARY ACTION HAS BEEN ISSUED FOR A VIOLATION OF SECTION 12­47­128 (1) (a) OR (5) (a) (I) COMMITTED DURING THE THIRTY­SIX­MONTH PERIOD IMMEDIATELY PRECEDING COMMISSION OF THE CURRENT VIOLATION, THE MAXIMUM DISCIPLINARY ACTION THAT MAY BE IMPOSED ON THE LICENSEE IS A FINE OR SUSPENSION OF THE LICENSE AT THE DISCRETION OF THE STATE OR LOCAL LICENSING AUTHORITY THAT ISSUED THE NOTICE OF HEARING.

(c)  IF MORE THAN ONE DISCIPLINARY ACTION HAS BEEN TAKEN FOR VIOLATIONS OF SECTION 12­47­128 (1) (a) OR (5) (a) (I) COMMITTED DURING THE THIRTY­SIX­MONTH PERIOD IMMEDIATELY PRECEDING COMMISSION OF THE CURRENT VIOLATION, ANY DISCIPLINARY ACTION AUTHORIZED BY THIS ARTICLE MAY BE TAKEN AT THE DISCRETION OF THE STATE OR LOCAL LICENSING AUTHORITY THAT ISSUED THE NOTICE OF HEARING.

SECTION 3.  12­47­601 (1), Colorado Revised Statutes, 1991 Repl. Vol., as amended by House Bill 97­1076, enacted at the First Regular Session of the Sixty­first General Assembly, is amended, and the said 12­47­601 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

12­47­601.  Suspension ­ revocation ­ fines. (1)  In addition to any other penalties prescribed by this article or article 46 or 48 of this title, BUT EXCEPT AS LIMITED BY SUBSECTION (2.5) OF THIS SECTION, the state or any local licensing authority has the power, on its own motion or on complaint, after investigation and public hearing at which the licensee shall be afforded an opportunity to be heard, to suspend or revoke any license issued by such authority for any violation by the licensee or by any of the agents, servants, or employees of such licensee of the provisions of this article, or any of the rules or regulations authorized pursuant to this article or of any of the terms, conditions, or provisions of the license issued by such authority. Any licensing authority has the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of any hearing that the licensing authority is authorized to conduct.

(2.5)  IF A LOCAL LICENSING AUTHORITY OR THE LIQUOR ENFORCEMENT DIVISION IN THE DEPARTMENT OF REVENUE DETERMINES THAT A LICENSEE HAS VIOLATED SECTION 12­47­901 (1) (a), (5) (a) (I), OR (5) (c) BY PROVIDING ANY ALCOHOL BEVERAGE TO ANY PERSON UNDER THE AGE OF TWENTY­ONE YEARS WHO WAS ACTING UNDER THE DIRECTION AND AUTHORITY OF AN EMPLOYEE OF A LAW ENFORCEMENT AGENCY AND THAT DISCIPLINARY ACTION IS APPROPRIATE, THE DISCIPLINARY ACTION SHALL BE LIMITED AS FOLLOWS:

(a)  IF NO DISCIPLINARY ACTION HAS BEEN TAKEN AGAINST THE LICENSEE FOR A VIOLATION OF SECTION 12­47­901 (1) (a), (5) (a) (I), OR (5) (c) COMMITTED DURING THE THIRTY­SIX­MONTH PERIOD IMMEDIATELY PRECEDING COMMISSION OF THE CURRENT VIOLATION, THE MAXIMUM DISCIPLINARY ACTION THAT MAY BE IMPOSED IS A FINE OR SUSPENSION AT THE DISCRETION OF THE STATE OR LOCAL LICENSING AUTHORITY THAT ISSUED THE NOTICE OF HEARING; EXCEPT THAT SUCH DISCIPLINARY ACTION SHALL BE STAYED FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS AND SHALL BE SUSPENDED IF THE LICENSEE COMPLETES A MANDATORY SERVER TRAINING PROGRAM APPROVED BY THE STATE LICENSING AUTHORITY DURING THE ONE­HUNDRED­EIGHTY­DAY PERIOD.

(b)  IF ONLY ONE DISCIPLINARY ACTION HAS BEEN ISSUED FOR A VIOLATION OF SECTION 12­47­901 (1) (a), (5) (a) (I), OR (5) (c) COMMITTED DURING THE THIRTY­SIX­MONTH PERIOD IMMEDIATELY PRECEDING COMMISSION OF THE CURRENT VIOLATION, THE MAXIMUM DISCIPLINARY ACTION THAT MAY BE IMPOSED ON THE LICENSEE IS A FINE OR SUSPENSION OF THE LICENSE AT THE DISCRETION OF THE STATE OR LOCAL LICENSING AUTHORITY THAT ISSUED THE NOTICE OF HEARING.

(c)  IF MORE THAN ONE DISCIPLINARY ACTION HAS BEEN TAKEN FOR VIOLATIONS OF SECTION 12­47­901 (1) (a), (5) (a) (I), OR (5) (c) COMMITTED DURING THE THIRTY­SIX­MONTH PERIOD IMMEDIATELY PRECEDING COMMISSION OF THE CURRENT VIOLATION, ANY DISCIPLINARY ACTION AUTHORIZED BY THIS ARTICLE MAY BE TAKEN AT THE DISCRETION OF THE STATE OR LOCAL LICENSING AUTHORITY THAT ISSUED THE NOTICE OF HEARING.

SECTION 4.  Effective date ­ applicability. (1)  The provisions of sections 1 and 2 of this act shall take effect July 1, 1997, and only if House Bill 97­1076 does not become law, and the provisions of section 3 of this act shall take effect July 1, 1997, and only if House Bill 97­1076 becomes law. Sections 4 and 5 of this act shall take effect July 1, 1997.

(2)  This act shall apply to offenses committed on and after the effective date.

SECTION 5.  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.