HomeMy WebLinkAboutR15-090 Beer and Liquor Licensing Policies and Procedures Commissioner P-`10-z..... moved adoption
of the following Resolution
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
ACTING AS THE LOCAL LIQUOR LICENSQING AUTHORITY
RESOLUTION NO. 2015- 0 b
RESOLUTION CONCERNING EAGLE COUNTY
BEER AND LIQUOR LICENSING
POLICIES AND PROCEDURES
WHEREAS, C.R.S. §12-46-101, et seq., and C.R.S. §12-47-101, et seq., provide the
terms, conditions, limitations, and restrictions concerning the manufacture and sale of malt,
vinous and spirituous liquors; and
WHEREAS, said statutes set forth certain mandates for local licensing authorities,
including the Eagle County Liquor Licensing Authority(hereinafter"Local Authority"); and
WHEREAS, C.R.S. §12-47-601 provides that the Local Authority may suspend or
revoke any license issued by it for any violation by the licensee or by any agents of such licensee
of the provisions of the Colorado Liquor Code or any of the rules or regulations authorized by its
terms; and
WHEREAS, the Local Authority is desires to establish guidelines concerning any
aggravating or mitigating factors that may be relevant to the Local Authority's decisions
concerning suspension or revocation of a liquor license; and
WHEREAS, C.R.S. §12-47-601 permits a County, in its sole discretion, to accept and
adopt by resolution, the optional procedures set forth within said statutes for the payment of a
fine in lieu of a beer and liquor license suspension; and
WHEREAS, the Local Authority now wishes to amend those procedures set forth in
Resolution 2008-092 to provide certain administrative authority to the Eagle County Clerk; and
WHEREAS, the Board of County Commissioners of Eagle County, Colorado (the
"Board"), which acts as the Local Authority, believes this resolution and adoption of the Liquor
Licensing Policies and Procedure contained herein to be in the best interest of the health, safety
and welfare of the citizens of Eagle County.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
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THAT, the Eagle County Beer and Liquor Code, Policies and Procedures, attached as
Exhibit"A"be hereby adopted.
THAT, Eagle County shall adopt the "local fee" schedule approved by the Colorado
Liquor Enforcement Division, as may be amended from time to time, and directs the Eagle
County Clerk to post the most updated fee schedule as it becomes available.
THAT, this Resolution is intended to codify the authority granted to the Board by the
Colorado Revised Statutes and the Code of Colorado Regulations and shall not dilute, in any
manner, the authority granted to the Board as set forth therein or as otherwise set forth in a
previous resolution of this Board.
THAT, this Resolution Concerning Eagle County Beer and Liquor Licensing Policies
and Procedures is intended to repeal and replace all previous Eagle County Resolutions
concerning Local Liquor Licensing Policies and Procedures, but does not repeal or amend Eagle
County Resolution No. 2013-054 Concerning Applications for Special Events Permits.
THAT, if any part, section, subsection, sentence, clause or phrase of this Resolution is
for any reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this Resolution; and the Board hereby declares it would have passed this Resolution,
and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that
any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
MOVED, READ and ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, sitting as the Local Liquor Licensing Authority, at its regular
meeting held thet3}hday of October, 2015.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS, acting
as the Eagle County Local Liquor Licensing
:; Authority
ATTEST: * -
e'
1103-IL S t De_4 i o °tORAD° * B Y / liiii-YOVA'f Clerk tot e Board of Kathy andler-Henry
County Commissioners Chair
, urn r.
• l.Y
e McQueen
ommissioner
/ /I ---
Jil l/H. Ryan
Commissioner
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Commissioner V1AC. QUwcc-1 L.' seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Chandler-Henry 14-1
Commissioner McQueeney 4- =
Commissioner Ryan „ N
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This resolution passed by / D vote of the Board of County Commissioners of
the County of Eagle, State of Colorado
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EXHIBIT A
EAGLE COUNTY BEER AND LIQUOR CODE
POLICIES AND PROCEDURES
I. GENERAL PROCEDURES
A. AUTHORITY
Colorado requires dual local and state approval for retail sale of liquor or 3.2% fermented malt
beverages, art gallery permits and bed and breakfast permits. Local authority approval only is
needed for special event permits. The Board of County Commissioners sitting as the Eagle
County Liquor Licensing Authority(hereinafter"Local Authority") shall be the local authority to
issue licenses or permits for the sale of 3.2% fermented malt beverages,the classes of alcoholic
liquor licenses listed in C.R.S. § 12-47-309(1), art gallery permits, bed and breakfast permits and
special events permits, all in accordance with applicable sections of the Colorado Revised
Statutes, as may be amended from time to time and the policies and procedures contained herein.
B. LICENSING FEES
The Local Authority hereby adopts the county"local fee" schedule currently approved by the
Colorado Liquor Enforcement Division, as may be amended from time to time, and directs the
Eagle County Clerk to post on the Eagle County website the most updated fee schedule as it
becomes available. All licensing fees are due and payable at the time of application and before
any hearing or other action on such application shall be taken.
C. APPLICATION FOR NEW LICENSE TO SELL 3.2%FERMENTED MALT BEVERAGES;
LICENSE OR PERMIT TO SELL ALCOHOLIC LIQUORS;OR CHANGE IN CLASS OF
LICENSE
The requirements set forth in this Section I C pertain to applications for the following types of
license applications: Beer and Wine License; Brew Pub License; Hotel and Restaurant License;
Liquor Licensed Drugstore; Resort Complex License; Retail Liquor Store License; Tavern
License; Vitner's License; Arts License.
1. New License or Permit Application Forms. Except as otherwise expressly provided
herein, all applications for a new license or permit for locations within unincorporated Eagle
County must be filed with the Liquor Authority on state-approved application forms and given
approval by the Local Authority prior to filing with the State of Colorado Liquor Licensing
Division.
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2. Change in Class of License. A request for a change in the class of license from that
presently held by a licensee shall be considered an application for a new license subject to the
requirements contained in State statute, regulations and the policies and procedures set forth
herein.
3. Filing Requirements. Complete applications will include all of the following:
a. All information called for in applicable statutes, regulations, and/or State-
approved application forms.
b. A petition consisting of signatures of the inhabitants of the neighborhood.
c. Proof of possession of proposed licensed premises through documentation
including,but not limited to, a lease, assignment of lease, contract of sale or warranty deed.
d. An area map showing the proposed licensed premises outlined in red.
e. An Alcohol Management Plan.
f. Proof of alcohol server training within 30 days of hire for all employees serving,
selling or dispensing 3.2% fermented malt beverages or alcoholic liquors with one of the
following approved programs, or any other server training program approved by the State of
Colorado, which training shall be repeated not less than every three years:
i. T.I.P.S. (Training for Intervention Procedures by
Servers of Alcohol);
ii. ServSafeAlcohol (Serving Alcohol Responsibly); or
iii. GetTips.com (Web based program).
g. All newly hired employees who may be required to serve alcohol beverages as
part of their employment duties must be trained within 30 days of hire. Any newly hired
employee who serves alcohol before the 30 day training requirement has been met must be
supervised by a properly trained alcohol server at all times that alcohol beverages are being
served.
h. For new stand-alone Optional Premises license applications only, the
requirements of Section I(D)(4) of this Resolution must also be met.
i. Any other information deemed necessary by the Local Authority or its designee in
reviewing the application.
4. Public Hearing and Decision of the Local Authority(C.R.S. §§ 12-47-311 and 12-47-
505)
a. Upon receipt of a complete application for a new license, the Local Authority
shall schedule a public hearing upon the application not less than thirty(30) days from the date
of application and shall post and publish the public notice thereof not less than ten(10) days
prior to such hearing. Public notice shall be given by the posting of a sign in a conspicuous place
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on the premises for which application has been made by publication in a newspaper of general
circulation in Eagle County. At the public hearing, any interested party shall be allowed to
present evidence and to cross-examine witnesses.
b. Before making any decision approving or denying the application, the Local
Authority shall consider the facts and evidence obtained as a result of its investigation as well as
any other relevant facts, the reasonable requirements of the neighborhood for the type of license
applied for, the desire of its inhabitants as evidenced by petitions or otherwise, and other
pertinent matters affecting qualifications of the applicant to sell not more than 3.2% fermented
malt beverage.
c. The Local Authority may deny the issuance of a new tavern or retail liquor store
license whenever the Local Authority determines that the issuance of such license would result in
or add to an undue concentration of the same class of license, and as a result, require the use of
additional law enforcement resources. Factors the Local Authority may consider are identified at
1 CCR 203-2, rule 47-301, as may be amended from time to time.
d. Any decision of the Local Authority denying any application shall be in the form
of a written resolution stating the reasons therefore within 30 days after the public hearing date,
and a copy of said resolution shall be sent by certified mail to the applicant at the address as
shown in the application.
5. Issuance of License (C.R.S. §§ 12-47-301 and 12-47-312). No license described in this
section shall be issued by the Local Authority after approval of an application until:
a. The State license has been issued;
b. Inspection of the building, conducted by the Eagle County Building Department
has confirmed that the applicant has complied with the architect's drawing and the detailed
sketch for the interior of the building submitted with the application building in which the
business is to be conducted is ready for occupancy with such furniture, fixtures, and equipment
in place; and
c. If food will be served in the licensed premises, approval by the Eagle County
Environmental Health Department has been obtained.
D. OTHER MATTERS REQUIRING PUBLIC HEARING BEFORE THE LOCAL AUTHORITY
1. Applications for Transfer of Ownership. A license may be transferred to a new owner
upon application to the State and Local authorities using a form approved by the State Authority.
The Local Authority shall cause a hearing on the application for transfer of ownership not less
than thirty(30) days from the date of application and at the hearing shall consider the
requirements of C.R.S. §§ 12-47-303; 12-47-307; and 1 CCR 203-2, rule 47-302, as those
provisions may be amended from time to time. Notice of hearing on an application for transfer
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of ownership shall be posted conspicuously on the licensed premises for a period of ten(10) days
and notice provided to the applicant at least ten(10) days prior to the hearing.
2. Application for Change in Location. A licensee may move his or her permanent location
to another place in unincorporated Eagle County with permission from the Local Authority in
accordance with C.R.S. § 12-47-301(9). The Local Authority shall cause a hearing on the
application for change in location at a public meeting not less than thirty(30) days from the date
of application and at the hearing shall consider the reasonable requirements of the neighborhood
(to which the applicant seeks to change his or her location) and the desires of the adult
inhabitants of that neighborhood as evidenced by petitions, remonstrances or otherwise. Notice
of hearing on the application for a change in location shall be posted conspicuously on the
proposed premises for a period of ten(10) days and notice provided to the applicant at least ten
(10) days prior to the hearing. For a change of location application for a club license, the needs
of the neighborhood need not be considered.
3. Application for Modification of Premises with Boundary Change. A licensee may not
change, alter, or modify the licensed premises substantially from the plans and specifications
submitted at the time the original license was granted, without approval of the State and Local
Authority. The Local Authority shall review an application for a modification of the premises
resulting in a boundary change at a public meeting. Notice of the hearing must be posted
conspicuously on the premises for a period of ten (10) days and notice provided to the applicant
at least ten(10) days prior to the hearing. At the hearing, the Local Authority may consider the
factors set forth at 1 CCR 203-2, rule 1 CCR 203-2, rule 47-302.
4. Application for addition of Optional Premises. A licensee may submit applications to the
Local Authority for an optional premises license, or an optional premises permit for a hotel and
restaurant license (either of which may hereinafter be referred to generally as an"optional
premises"). The Local Authority shall cause a hearing on the application for an optional premises
at a public meeting not less than thirty(30) days from the date of application. Notice of hearing
on the application for an optional premises shall be posted conspicuously on the currently
licensed premise for a period of ten(10) days and notice provided to the applicant at least ten
(10) days prior to the hearing.
a. Filing Requirements. A Special Event Permit application must be submitted on
the then current state-approved form and must include the following:
i. All information called for in the applicable state statutes, regulations or the
state-approved application form.
ii. A map or other drawing illustrating the outdoor sports or recreational
facility boundaries, the location of each optional premise requested, and
the areas in which the applicant desires to store malt, vinous, and
spirituous liquors for future use on the optional premises.
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iii. All applicants shall submit a description of the method which will be used
to identify and control the optional premises when it is in use. For
example, the applicant may describe the types of signs, fencing or other
notices or barriers to be used in order to control the optional premises.
iv. The number of optional premises held by this licensee. Any licensee
requesting approval of more than one optional premise shall:
1) Explain the reason for each optional premises requested.
2) Demonstrate how the optional premises relate to each other from
an operational standpoint.
3) Demonstrate to the satisfaction of the Local Authority the need for
each optional premise in relationship to the outdoor sports and recreational
facility and its guests.
4) Demonstrate that the optional premises will not adversely affect
the neighborhood in which it is located.
v. Any other information deemed necessary by the Local Authority in
reviewing the application.
b. Public Hearing and Decision. At the hearing, the Local Authority may consider
factors, including but not limited to the following:
All factors applicable to the issuance of a new license under State law and
the policies and procedures contained herein;
ii. Whether the proposed optional premises is to serve one of the types of
outdoor sports and recreational facilities which the Local Authority has
determined are eligible to apply for an optional premises license.
1) Country Club
2) Golf courses and driving ranges
3) Ice skating areas
4) Ski areas
5) Swimming pools
6) Outdoor tennis courts and clubs
7) Equestrian centers
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8) Horse shoe pits
9) Dude ranch
10) Athletic Facility
11) Others as deemed eligible by the Local Authority and the
Clerk as its designee.
iii. There are no restrictions on the minimum size of the outdoor sports and
recreational facilities which may be eligible for the approval of an optional
premises. However, the Local Authority may consider the size of the
particular outdoor sports or recreational facility in relationship to the
number of optional premises requested for the facility, and may deny any
optional premises application if the Local Authority considers the related
facility to be too small to require an optional premise.
c. Advance Notification Required. Pursuant to C.R.S. Section 12-47-310 (3) and
(4), no alcoholic beverages may be served on an optional premises without the licensee having
provided written notice to the State and Local Authority 48 hours prior to serving alcoholic
beverages on the optional premises. The notice must contain the specific days and hours during
which the optional premises are to be used.
E. APPLICATIONS OR OTHER MATTERS THAT MAY BE ADMINISTRATIVELY APPROVED
The Local Authority hereby delegates administrative authority to the Eagle County Clerk and
Recorder ("Clerk") to manage and approve the following applications, processes and filings on
behalf of the Local Authority whenever it is determined that the applicant has met all
requirements imposed by state statute, the Colorado Code of Regulations and this Resolution.
Even where no hearing is required by the terms of this Resolution, the Clerk or commissioner for
the Local Authority may require the matter be set for public hearing anytime there are questions
or concerns concerning the application.
1. Renewals. Pursuant to C.R.S. § 12-47-302, so long as there have been no violations,
complaints or reported liquor-related disturbances, license and permit renewals may be
administratively approved and signed by the Clerk on behalf of the Local Authority.
2. Change in Corporate Structure. Pursuant to C.R.S. § 12-47-301 (7), so long as the
officers, directors or stockholders holding 10 percent or more of the outstanding and issued
capital stock thereof are reported to be of good moral character, applications for change in
corporate structure may be approved administratively by the Clerk.
3. Trade Name Change. If the licensee complies with the requirements of 1 C.C.R. 203-2
Rule 47-304 and 306, applications for modifications in the premises can be approved
administratively by the Clerk.
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4. Modification of Premises without Boundary Change or Change in Use. If the original
boundary remains the same and the licensee otherwise complies withl C.C.R. 203-2 Rule 47-
302), applications for modifications in the premises can be approved administratively by the
Clerk. If the boundary is proposed to change, a hearing is required pursuant to Section I(D)(3)
herein.
5. New Manager Registration. A licensee must report and register any new managers to the
Local Authority within thirty(30) days after change pursuant to C.R.S. § 12-47-301(8). The
Clerk shall have administrative authority to review all new manager registration paperwork and
approve such registrations where all proper documentation has been provided in accordance with
state statute, the Colorado Code of Regulations and the provisions herein.
6. Temporary Permits for Transfer of Ownership. The Local Authority grants
administrative, discretionary authority to the Clerk to issue, extend, cancel, revoke or summarily
suspend a temporary permit in accordance with C.R.S. § 12-47-303(2)—(6). Temporary Permits
may be signed by the Clerk on behalf of the Local Authority.
7. Tasting Permits The Local Authority hereby authorizes certain license holders to conduct
tastings in accordance with the provisions of C.R.S. 12-47-301 (10), and grants administrative
authority to the Clerk to approve applications for tasting permits in accordance with state statute,
the Colorado Code of Regulations and the provisions herein. Tasting Permits may be signed by
the Clerk on behalf of the Local Authority.
8. Club License. The Local Authority grants administrative authority to the Clerk to issue
club licenses in accordance with the requirements of C.R.S. § 12-47-416 for persons to sell
alcohol beverages by drink only to members of a club and guests only for consumption the
premises of the club.
9. Art Gallery Permit. The Local Authority grants administrative authority to the Clerk to
issue and renew art gallery permits in accordance with the requirements of C.R.S § 12-47-422 to
persons operating art galleries that offer complimentary alcohol for consumption only on the
premises.
10. Bed and Breakfast Permit. The Local Authority grants administrative authority to the
Clerk to approve applications for bed and breakfast permits in accordance with C.R.S. § 12-47-
410.
11. Special Events Permits. Subject to the qualification below, the Local Authority hereby
delegates administrative authority to the Clerk to grant requests for Special Events Permits for
applications complying with C.R.S. § 12-48-101, et. seq. When administratively approved, the
Clerk may sign Special Events Permits on behalf of the Local Authority.
a. Filing Requirements (Section 12-48-107, C.R.S.)
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Applications for a special event permit shall be made with the Local
Authority on forms provided by the State and shall be verified by oath of
affirmation of an officer of the organization or of the political candidate
making the application. Said application must be filed at least 30 days
prior to the date of the event.
ii. All completed applications submitted to Eagle County must include the
following:
1) Deed or lease for the premises;
2) Approval letters from the Eagle County Sheriff, Department of
Environmental Health and Chief Building Official for Eagle
County;
3) Certificate of Good Standing
4) An area map showing the proposed licensed premises
outlined in red;
5) Current insurance policy
6) Copy of Sales Tax License or Exempt Certificate
7) Alcohol Management Plan
8) Proof of alcohol server training within 30 days of hire for all
employees serving, selling or dispensing alcohol beverages, with one of
the following approved programs or any other server training program
approved by the State of Colorado, which training shall be repeated at
least every three years:
• T.I.P.S. (Training for Intervention Procedures by
Servers of Alcohol);
• ServSafeAlcohol; (In-class session or Web Based Program); or
• GetTips.com(Web based program)
In order to lawfully serve alcohol beverages, all newly hired employees
who may be required to serve alcohol beverages as part of their
employment duties must be trained within 30 days of hire. Any newly
hired employee who serves alcohol before the 30 day training requirement
has been met must be under the supervision of a properly trained alcohol
server at all times that alcohol beverages are being served.
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9) All applicable fees according to the fee schedule attached hereto,
as may be amended from time to time.
10) Any other information deemed necessary by the Local Authority or
its designee in reviewing the application.
b. Circumstances Requiring Public Hearing. A hearing before the Local Authority
should be held on the application for a Special Events permits if one or more protests are filed
with the Office of the Eagle County Clerk and Recorder or the Local Authority during the period
of public notice concerning the application; if the applicant has been the subject of prior
complaints or concerns concerning prior special events organized by the applicant; or if the Clerk
has any concerns about the application or the event.
c. Restrictions Related to Special Event Permits. The following are the restrictions
and requirements concerning issuance of Special Events Permits in unincorporated Eagle
County:
i. Each special event permit shall be issued for a specific location and is not
valid for any other location.
ii. A special event permit authorizes sale of the alcohol beverages or liquors
specified only during the times specified within the permit.
iii. A special event permit may not be issued to any organization for more
than fifteen(15) days in a calendar year.
iv. No issuance of a special event permit shall have the effect of requiring the
Local Authority to issue such a permit upon any subsequent application by
the organization.
v. Sandwiches or other food snacks shall be available during all hours of
service of malt,vinous and or spirituous liquors, but prepared meals need
not be served.
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II. VIOLATIONS OF THE LIQUOR CODE
Licensees must comply with all applicable state and local laws regarding the sale, service and
delivery of alcoholic beverages. Violations of the Liquor Code may result in action by the Local
Authority in accordance with the provisions of State law and the procedures contained herein.
A. PROCEDURE
1. Complaint or Report of Violation. Whenever a written complaint has been filed with the
Local Authority, charging any licensee for the manufacture or sale of alcohol beverages with a
violation of any law or of any of the provision of these regulations, the Local Authority shall
determine by investigation or otherwise the probable truth of such charges. If it shall appear
therefore or shall otherwise come to the attention of the Local Authority that there is probable
cause to believe that a licensee has violated any such law, rule or regulation, the Local Authority
shall issue and cause to be served upon such licensee a Notice of Hearing and Order to Show
Cause why its license should not be suspended or revoked. This notice shall detail the charges
alleged and be served upon the Licensee or its agent at its business location at least 10 days prior
to the actual hearing.
2. Hearing. If licensee denies the allegations of the complaint, a hearing shall be held at a
place and time designated by the Local Authority on the day stated in a notice mailed to licensee
at the address shown on the license. For good cause shown, the hearing may be postponed or
rescheduled. Evidence in support of the charges shall be given first, followed by cross-
examination of those testifying thereto. The licensee, in person or by counsel, shall then be
permitted to give evidence in defense and in explanation, and shall then be allowed to give
evidence and statements in mitigation of the charges. The Local Authority has the power to
administer oaths and issue subpoenas to require the presence of persons and the production of
papers, books and records necessary to the determination of any hearing that the Local Authority
is authorized to conduct.
3. Determination of Local Authority. In the event the licensee is found not to have violated
any law, rule or regulation, the charges against him will be dismissed. If the licensee is found to
have committed the violation charged or any other law, regulation, or order of the Authority, his
license may be suspended or revoked. Evidence and statements in aggravation or mitigation of
the offense shall also be permitted and may be considered in determining the appropriate penalty.
4. Right to Impose Immediate Suspension. If the Local Authority has reasonable grounds to
believe and finds that a licensee has been guilty of a deliberate and willful violation of any
applicable law, regulation, order of the Local Authority, or that the public health, safety or
welfare imperatively requires emergency action and incorporates such findings in its order, it
may be temporarily or summarily suspend the license pending a hearing and further proceedings
for suspension or revocation which shall be promptly instituted and determined. The temporary
suspension of a license without notice pending any prosecution, investigation, or public hearing
shall be for a period not to exceed fifteen days.
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5. Notice to Licensee. Notice of suspension or revocation shall be mailed to licensee at the
address contained in such license or permit.
6. Notice of Suspension. Every licensee whose license has been suspended by any Local
Authority shall post two notices in conspicuous places, one on the exterior and one on the
interior of its premises, for the duration of the suspension. The notices shall be two feet in length
and fourteen inches in width containing lettering not less 1/2" in height, and shall be in the
following form:
NOTICE OF SUSPENSION
ALCOHOL BEVERAGES LICENSES ISSUED FOR THESE PREMISES
HAVE BEEN SUSPENDED BY ORDER OF THE LOCAL LICENSING
AUTHORITY FOR VIOLATION OF THE COLORADO LIQUOR/BEER
CODE
Advertising or posting signs to the effect that the premises have been closed or business
suspended for any reason other than by order of the department suspending alcohol beverage
license, shall be deemed a violation of this rule.
B. SENTENCING GUIDELINES
1. Cause for Suspension or Revocation. In addition to any other penalties prescribed by
Articles 46 and 47 of Title 12, Colorado Revised Statutes, the Local Authority may suspend or
revoke any license or permit issued by such Authority for any violation or by the licensee or by
any of the agents, servants, or employees of such licensee of the provisions of any of the
provisions of the Colorado Beer and Liquor Code, these regulations the terms, conditions or
provisions of the license or permit issued by the Authority, or a previous order of the Local
Authority.
2. Maximum Time for Suspension. Upon finding of a violation of the Colorado Beer and
Liquor Code, these regulations, the terms, conditions, or provisions of the license or permit, or a
previous order of the Local Authority, the Local Authority may suspend a license for any amount
of time it deems appropriate, however, no suspension shall be for a longer period than 6 months.
3. Factors for Consideration. In determining the appropriate sentence or sanction to be
imposed for a violation the Local Authority shall consider all mitigating and aggravating
circumstances surrounding the violation. The following factors shall be considered in the
determination of any sentence to be imposed in the suspension of a liquor license:
a. Seriousness of the violation(s)
b. Prior violations and offenses at the licensed premises
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c. Whether violation constitutes a repeated course of conduct or was an isolated
event
d. Corrective actions taken(if any)
e. Likelihood of recurrence
f. Willfulness of the violation(s)
g. Length of time the license has been held by this licensee
h. Previous sanctions imposed against the licensee
i. Completeness and adequacy of Alcohol Management Plan, and Server Training
Information provided by Licensee to the Eagle County Clerk and Recorder's
Office.
j. Whether the Licensee may be considered a responsible vendor pursuant to C.R.S.
§ 12-47-1002.
k. Any other factors making the situation with respect to licensee or premises
unique.
4. Cooperation with Law Enforcement Encouraged. In an effort to encourage open
communication with the Eagle County Sheriff's Office as issues with over-service of alcohol and
service to minors, it shall be a mitigating factor that Licensee can show a consistent history of
cooperation with the Eagle County Sheriff's Office in circumventing service of underage patrons
and to avoid potential issues involved with the over-service of alcohol.
5. Deferred Suspension. At its sole discretion, the Local Authority may hold a number of
suspension days in abeyance, pending no violations of the Local Authority's Order and no
further violations of the Colorado Beer and Liquor Codes, these regulations during a period of
one year from the date the suspension was issued.
C. PAYMENT OF FINE IN LIEU OF SUSPENSION
1. Whenever a decision of the Local Authority suspending a liquor license for fourteen (14)
days or less becomes final, whether by failure of the license holder to appeal the decision or by
exhaustion of all appeals and judicial review, the retail licensee may, before the operative date of
the suspension, petition for permission to pay a fine in lieu of having the license suspended for
all or part of the suspension period. The petition may be presented immediately following the
hearing resulting in license suspension. Upon receipt of the petition, the Local Authority may, in
its sole discretion, stay the proposed suspension and cause any investigation to be made which it
deems desirable, and may, in its sole discretion, grant the petition if it is satisfied:
a. That the public welfare and morals would not be impaired by permitting the retail
licensee to operate during the period set for suspension and that the payment of
the fine will achieve the desired disciplinary purposes;
b. That the books and records of the licensee are kept in such a manner that the loss
of sales of alcoholic beverages that the retail licensee would have suffered had the
suspension gone into effect can be determined with reasonable accuracy
therefrom; and
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c. That the licensee has not had his or her license suspended or revoked, nor had any
suspension stayed by payment of a fine, during the two years immediately
preceding the date of the motion or complaint which has resulted in a final
decision to suspend the license.
2. The fine accepted shall be the equivalent of twenty percent of the licensee's estimated
gross revenues from sales of alcohol beverages during the entire period of the proposed
suspension. If the Local Authority had initially entered an order staying a portion of the
suspension, those days that had been previously held in abeyance shall be counted as days of
suspension for purposes of calculating the fine. The fine shall not be less than two hundred
dollars ($200)nor more than five thousand dollars ($5,000).
3. Payment of any fine pursuant to the provisions of this subsection (1) shall be in the form
of case or in the form of a certified check or cashier's check made payable to Eagle County;
4. Upon payment of the fine pursuant to this section, the Local Authority shall enter its
further order permanently staying the imposition of the suspension. The Board shall cause such
moneys to be paid into the general fund;
5. In connection with a petition pursuant to this section, the Local Authority may grant such
stay as necessary for it to complete its investigation and make its findings, and if it makes such
findings, to the granting of an order permanently staying the imposition of the entire suspension.
6. If the Local Authority does not make the findings required in paragraph 1 of this section
and does not order the suspension permanently stayed, the suspension shall go into effect on the
operative date finally set by the Local Authority.
7. At the discretion of the Local Authority, the Authority may order a sign be posted at the
establishment indicating that there was a violation of the Colorado Liquor and Beer Codes and
that the licensee was allowed to pay a fine in lieu of suspension. This notice shall state the
nature of the violation and shall be posted for the time of the original suspension.
8. The determination of the Local Authority to deny a fine in lieu of suspension, or to allow
a fine in lieu of suspension and the determination of the amount of the fin where allowed in lieu
of suspension shall be final decisions committed to the Local Authority's discretion.
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