Colorado Legislative Council Staff

NO FISCAL IMPACT

TITLE:            CONCERNING DISCIPLINARY PROCEDURES APPLICABLE TO THE ALLEGED SALE OF ALCOHOL BEVERAGES TO A PERSON UNDER TWENTY-ONE YEARS OF AGE WHO IS ACTING AT THE DIRECTION OF AN EMPLOYEE OF A LAW ENFORCEMENT AGENCY.

Summary of Assessment

            The bill would limit the disciplinary action that a local licensing agent or the Division of Liquor Enforcement in the Department of Revenue could take when a licensee has sold alcohol to a minor who was acting under the authority of a law enforcement agency to:

∙          a fine or license suspension if no disciplinary action has been taken against the licensee for a similar offense committed within the prior 36 months;

∙          the fine or suspension to be stayed for 180 days and then dismissed if the licensee completes an approved server training program; and

∙          permits similar action to be taken against a licensee against whom disciplinary action was taken only once for a similar offense committed within the prior 36 months; except that the 180-day stay and dismissal are not authorized.

            Any disciplinary action in the "Colorado Liquor Code" would be authorized, including license revocation, against a licensee with a previous disciplinary action for a similar offense committed within the prior 36 months. The bill will become effective at 12:01 a.m. on the day following the ninety-day period after adjournment sine die of the General Assembly, or on the date of the official declaration of the vote of the people as proclaimed by the Governor, if a referendum petition is filed pursuant to Article V, Section 1 (3) of the State Constitution.

            Current law permits the state or local licensing authority to revoke or suspend a license or impose a fine. This bill establishes the disciplinary actions in cases where an underage individual is utilized in an undercover enforcement operation. The bill would not change existing revenues, expenditures, or workloads for state or local governments. Therefore, this bill is assessed as having no fiscal impact.

Departments Contacted

            Revenues