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.