BY SENATOR Lacy;
also REPRESENTATIVES Tool and Dean.
CONCERNING DISCIPLINARY PROCEDURES APPLICABLE TO
THE ALLEGED SALE OF ALCOHOL BEVERAGES TO A PERSON UNDER TWENTYONE
YEARS OF AGE WHO IS ACTING AT THE DIRECTION OF AN EMPLOYEE OF
A LAW ENFORCEMENT AGENCY.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Legislative declaration.
(1) The general assembly hereby finds, determines,
and declares that:
(a) Compliance checks are a necessary
means of ensuring that liquor licensees do not violate state laws
prohibiting the sale of alcohol to minors; and
(b) The department of revenue should provide
information to local licensing authorities to aid in more consistent
application of penalties for violations of such laws.
(2) It is therefore the intent of the
general assembly in enacting this act to give the liquor enforcement
division in the department of revenue the authority to adopt rules
to assist licensing authorities in carrying out their enforcement
duties under the "Colorado Liquor Code".
SECTION 2. 1247202
(2) (a), Colorado Revised Statutes, is amended to read:
1247202. Duties of state
licensing authority. (2) (a) (I) Rules
and regulations made pursuant to paragraph (b) of subsection (1)
of this section may cover, but shall not be limited to, the following
subjects:
(A) Compliance with or enforcement or
violation of any provision of this article, article 46 or 48 of
this title, or any rule or regulation issued pursuant to such
articles;
(B) Specifications of duties of officers
and employees;
(C) Instructions for local licensing authorities
and law enforcement officers;
(D) All forms necessary or convenient
in the administration of this article and articles 46 and 48 of
this title;
(E) Inspections, investigations, searches,
seizures, and such activities as may become necessary from time
to time, INCLUDING A RANGE OF PENALTIES FOR USE BY LICENSING AUTHORITIES,
WHICH SHALL INCLUDE AGGRAVATING AND MITIGATING FACTORS TO BE CONSIDERED,
WHEN PERSONS UNDER TWENTYONE YEARS OF AGE ARE UTILIZED TO
INVESTIGATE SALES OF ALCOHOL BEVERAGES BY LIQUOR LICENSEES TO
UNDERAGE PERSONS;
(F) Limitation of number of licensees
as to any area or vicinity;
(G) Misrepresentation, unfair practices,
AND unfair competition;
(H) Control of signs and other displays
on licensed premises;
(I) Use of screens;
(J) Identification of licensees and their
employees;
(K) Storage, warehouses, AND transportation;
(L) Health and sanitary requirements;
(M) Standards of cleanliness, orderliness, and decency, AND sampling and analysis of products;
(N) Standards of purity and labeling;
(O) Records to be kept by licensees and
availability thereof;
(P) Practices unduly designed to increase
the consumption of alcohol beverages; and
(Q) Such other matters as are necessary
for the fair, impartial, stringent, and comprehensive administration
of this article and articles 46 and 48 of this title. but
(II) Nothing in this article and articles
46 and 48 of this title shall be construed as delegating to the
state licensing authority the power to fix prices. The licensing
authority shall make no rule that would abridge the right of any
licensee to fairly, honestly, and lawfully advertise the place
of business of or the commodities sold by such licensee. All
such rules shall be reasonable and just.
SECTION 3. Effective
date applicability. (1) This act shall
take effect at 12:01 a.m. on the day following the expiration
of the ninetyday period after final adjournment of the general
assembly that is allowed for submitting a referendum petition
pursuant to article V, section 1 (3) of the state constitution;
except that, if a referendum petition is filed against this act
or an item, section, or part of this act within such period, then
the act, item, section, or part, if approved by the people, shall
take effect on the date of the official declaration of the vote
thereon by proclamation of the governor.
(2) The provisions of this act shall apply
to violations committed on or after the applicable effective date
of this act.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO