Click here for Fiscal Note

Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0332.01 JLB HOUSE BILL 98­1211

STATE OF COLORADO

BY REPRESENTATIVE Chavez;

also SENATOR Lacy.

LOCAL GOVERNMENT

A BILL FOR AN ACT

CONCERNING A REQUIREMENT THAT LOCAL LICENSING AUTHORITIES CONSIDER THE CONCERNS OF THE NEIGHBORHOOD AS A FACTOR WHEN REVIEWING LIQUOR LICENSE APPLICATIONS.

Bill Summary

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

Requires that local licensing authorities consider the "concerns" and not the "desires" of the neighborhood when reviewing applications for liquor licenses and renewals of such licenses.

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

SECTION 1.  12­47­103 (9) (c), Colorado Revised Statutes, is amended to read:

12­47­103.  Definitions. As used in this article and article 46 of this title, unless the context otherwise requires:

(9)  "Good cause", for the purpose of refusing or denying a license renewal or initial license issuance, means:

(c)  In the case of a new license, the applicant has not established the reasonable requirements of the neighborhood or the desires CONCERNS of its adult inhabitants as provided in section 12­47­301 (2); or

SECTION 2.  12­47­301 (2) (a) and (9) (b), Colorado Revised Statutes, are amended to read:

12­47­301.  Licensing in general. (2) (a)  Before granting any license, all licensing authorities shall consider, except where this article and article 46 of this title specifically provide otherwise, the reasonable requirements of the neighborhood, the desires CONCERNS of the adult inhabitants as evidenced by petitions, remonstrances, or otherwise, and all other reasonable restrictions that 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 that would have the effect of restraining competition shall be approved.

(9) (b)  In permitting such change of location, such licensing authorities shall consider the reasonable requirements of the neighborhood to which the applicant seeks to change his or her location, the desires CONCERNS of the adult inhabitants as evidenced by petitions, remonstrances, or otherwise, and all reasonable restrictions that are or may be placed upon the new district by the council, board of trustees, or licensing authority of the city, town, or city and county or by the board of county commissioners of any county.

SECTION 3.  12­47­312 (2) (a), Colorado Revised Statutes, is amended to read:

12­47­312.  Results of investigation ­ decision of authorities. (2) (a)  Before entering any decision approving or denying the application, the local licensing authority shall consider, except where this article specifically provides otherwise, the facts and evidence adduced as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires CONCERNS of the adult inhabitants, the number, type, and availability of alcohol beverage outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed; except that the reasonable requirements of the neighborhood shall not be considered in the issuance of a club liquor license.

SECTION 4.  12­47­313 (1) (a) (I) and (1) (a) (III), Colorado Revised Statutes, are amended to read:

12­47­313.  Restrictions for applications for new license. (1)  No application for the issuance of any license specified in section 12­47­309 (1) or 12­46­107 (1) shall be received or acted upon:

(a) (I)  If such application for a malt, vinous, or spirituous liquor license concerns a particular location that is the same as or within five hundred feet of a location for which, within the two years next preceding the date of the application, the state or a local licensing authority denied an application for the same class of license for the reason that the reasonable requirements of the neighborhood and the desires CONCERNS of the adult inhabitants were satisfied by the existing outlets.

(III)  No licensing authority shall consider an application for any license to sell fermented malt beverages at retail if, within one year next preceding the date of the application, the state or a local licensing authority has denied an application at the same location for the reason that the reasonable requirements of the neighborhood or the desires CONCERNS of the inhabitants were satisfied by the existing outlets.

SECTION 5.  Effective date ­ applicability. This act shall take effect July 1, 1998, and shall apply to license applications and license renewals considered on or after said date.

SECTION 6.  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.