1999
BY SENATORS Teck, Anderson, Chlouber, Dyer, Epps, Matsunaka, Phillips, and Wattenberg;
also REPRESENTATIVES Alexander, Berry, George, Larson,
Miller, and Taylor.
CONCERNING THE DISTRIBUTION OF VINOUS LIQUORS AT
WINE FESTIVALS PURSUANT TO A WINE FESTIVAL PERMIT.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 1247301
(3) (a), Colorado Revised Statutes, is amended to read:
1247301. Licensing in general.
(3) (a) Each license issued under this article
and article 46 of this title is separate and distinct. and
It is unlawful for any person to exercise any of the privileges
granted under any license other than that which the person holds
or for any licensee to allow any other person to exercise such
privileges granted under the licensee's license, EXCEPT AS PROVIDED
IN SECTION 1247403.5. A separate license shall be
issued for each specific business or business entity and each
geographical location, and in said license the particular alcohol
beverages the applicant is authorized to manufacture or sell shall
be named and described. For purposes of this section, a resort
complex with common ownership, a hotel and restaurant licensee
with optional premises, and
an optional premises licensee for optional premises located on
an outdoor sports and recreational facility, AND A WINE FESTIVAL
AT WHICH MORE THAN ONE LICENSEE PARTICIPATES PURSUANT TO A WINE
FESTIVAL PERMIT shall be considered a single business and location.
SECTION 2. Part 4 of article 47
of title 12, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SECTION to read:
1247403.5. Wine festival
permit. (1) A WINE FESTIVAL
PERMIT APPLICATION MAY BE FILED WITH THE STATE LICENSING AUTHORITY
BY ANY LIMITED WINERY LICENSEE. THE APPLICANT SHALL SPECIFY THE
LICENSED PREMISES FOR THE FIRST OF THE WINE FESTIVALS TO BE HELD,
WHICH APPLICATION SHALL BE FILED AT LEAST TEN BUSINESS DAYS BEFORE
SUCH FESTIVAL IS TO BE HELD. THE APPLICANT SHALL INCLUDE A TWENTYFIVE
DOLLAR ANNUAL PROCESSING FEE WITH THE APPLICATION FILED WITH THE
STATE LICENSING AUTHORITY. SUCH FEE SHALL ENTITLE THE PERMITTEE
TO USE THE WINE FESTIVAL PERMIT FOR TWELVE MONTHS FROM THE DATE
OF ISSUANCE, SO LONG AS SUCH PERMITTEE NOTIFIES THE STATE LICENSING
AUTHORITY AND THE APPROPRIATE LOCAL LICENSING AUTHORITY OF THE
LOCATION OF ALL OTHER WINE FESTIVALS UNDER THIS PERMIT AT LEAST
TEN BUSINESS DAYS BEFORE ANY SUCH FESTIVAL IS TO BE HELD. A WINE
FESTIVAL PERMIT SHALL ENTITLE THE PERMITTEE TO HOLD NO MORE THAN
NINE WINE FESTIVALS DURING THE TWELVEMONTH PERIOD.
(2) THE APPLICANT SHALL BE THE LIMITED
WINERY LICENSEE FILING THE APPLICATION, BUT ANY WINE FESTIVAL
PERMIT THAT IS ISSUED AS A RESULT OF SUCH APPLICATION SHALL BE
CONSIDERED TO BE JOINTLY HELD BY THE PERMITTEE AND THE PARTICIPATING
LIMITED WINERY LICENSEES.
(3) NOTIFICATION OF ALL SUBSEQUENT FESTIVALS
SHALL BE BY SUPPLEMENTAL APPLICATION, AS APPROVED BY THE STATE
LICENSING AUTHORITY.
(4) THE STATE LICENSING AUTHORITY MAY
DENY A WINE FESTIVAL PERMIT OR SUPPLEMENTAL APPLICATION FOR ANY
OF THE FOLLOWING REASONS:
(a) A DOCUMENTED HISTORY OF VIOLATIONS
OF THIS ARTICLE OR RULES ISSUED UNDER THIS ARTICLE BY ANY PARTICIPATING
LICENSEE;
(b) THE FILING OF AN INCOMPLETE OR LATE
APPLICATION; OR
(c) A FINDING THAT THE APPLICATION, IF
GRANTED, WOULD RESULT IN VIOLATIONS OF THIS ARTICLE OR RULES ISSUED
UNDER THIS ARTICLE OR VIOLATIONS OF THE LAWS OF A LOCAL GOVERNMENT.
(5) AFTER THE ISSUANCE OF AN INITIAL WINE
FESTIVAL PERMIT, ALL SUPPLEMENTAL APPLICATIONS THAT ARE COMPLETE
AND FILED IN A TIMELY MANNER SHALL BE DEEMED APPROVED UNLESS THE
STATE LICENSING AUTHORITY PROVIDES THE PERMITTEE WITH A NOTICE
OF DENIAL AT LEAST SEVENTYTWO HOURS PRIOR TO THE DATE OF
THE EVENT.
(6) THE PERMITTEE AND PARTICIPATING LIMITED
WINERY LICENSEES ARE AUTHORIZED TO USE THE LICENSED PREMISES JOINTLY
TO CONDUCT WINE TASTINGS AND SELL ANY VINOUS LIQUORS MANUFACTURED
BY A COLORADO LIMITED WINERY. NO WINE FESTIVAL PERMIT SHALL AUTHORIZE
THE PERMITTEE TO USE THE LICENSED PREMISES FOR MORE THAN SEVENTYTWO
HOURS FOR ANY ONE WINE FESTIVAL.
(7) IF A VIOLATION OF THIS ARTICLE OCCURS
DURING A WINE FESTIVAL AND THE LIMITED WINERY LICENSEE RESPONSIBLE
FOR THE VIOLATION CAN BE IDENTIFIED, SUCH LICENSEE MAY BE CHARGED
AND THE APPROPRIATE PENALTIES SHALL APPLY. IF THE RESPONSIBLE
PARTY CANNOT BE IDENTIFIED, THE STATE LICENSING AUTHORITY MAY
SEND A WRITTEN NOTICE TO EVERY LICENSEE IDENTIFIED ON THE PERMIT
APPLICATION AND MAY FINE EACH THE SAME DOLLAR AMOUNT, WHICH AMOUNT
SHALL NOT EXCEED TWENTYFIVE DOLLARS PER LICENSEE OR TWO
HUNDRED DOLLARS IN THE AGGREGATE. NO JOINT FINE LEVIED PURSUANT
TO THIS SUBSECTION (7) SHALL APPLY TO THE REVOCATION OF THE LIMITED
WINERY LICENSEE'S LICENSE UNDER SECTION 1247601.
(8) A JOINT FINE LEVIED PURSUANT TO SUBSECTION
(7) OF THIS SECTION SHALL NOT CREATE OR INCREASE CIVIL LIABILITY
UNDER SECTION 1247801 (3) FOR A PARTICIPATING LIMITED
WINERY LICENSEE OR CREATE JOINT LIABILITY FOR SUCH A LICENSEE.
SECTION 3. Effective date
applicability. This act shall take
effect upon passage and shall apply to acts occurring on or after
said date.
SECTION 4. 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.
____________________________ ____________________________
Ray Powers Russell George
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Patricia K. Dicks Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Bill Owens
GOVERNOR OF THE STATE
OF COLORADO