HomeMy WebLinkAboutR02-178 Amending Beer and Liquor Licensing Policies and Procedures • •
Commissioner Silcpui__, moved adoption of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2002- /7cl
AMENDING 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, limitation, 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; and
WHEREAS, the Board of County Commissioners of Eagle County, Colorado, which acts
as the Eagle County Liquor Licensing Authority (the Board) believes it to be in the best interest
of the health, safety and welfare of the citizens of eagle County to codify the local laws and
procedures governing the approval of licenses for the sale of beer and liquor within the
unincorporated areas of the County; and
WHEREAS, on June 4, 1984, the Board adopted Resolution No. 84 -28 pursuant to
C.R.S. § 12 -47- 135.5, providing standards for the issuance of Optional Premises Licenses, and
Optional Premises for a hotel and restaurant license, as defined in C.R.S. § 12 -47 -103 (13.5); and
WHEREAS, on December 21, 1992, the Board adopted Resolution No. 92 -214
establishing the Eagle County Beer and Liquor Code Policies and Procedures; and
WHEREAS, on April 12, 1993, the Board adopted Resolution 93 -35, authorizing the
Clerk and Recorder of Eagle County to issue temporary permits and temporary licenses for the
sale of beer and liquor within the unincorporated areas of Eagle County; and
WHEREAS, on December 5, 1994, the Board adopted Resolution No. 94 -190 amending
and adopting the Eagle County Beer and Liquor Code Policies and Procedures, authorizing the
issuance of Bed and Breakfast Permits; and
WHEREAS, on May 6, 1996, the Board adopted Resolution No. 96 -48, amending the
Eagle County Beer and Liquor Code Policies and Procedures, "Hearing Policies "; and
WHEREAS, on August 11, 1997, the Board adopted Resolution No. 97 -104, amending
amending the Eagle County Beer and Liquor Code Policies and Procedures, "Fees "; and
1
• •
WHEREAS, on September 20, 1999, the Board adopted Resolution No. 99 -157 adopting
the optional procedures within C.R.S. § 12 -47 -601 for the payment of a fine in lieu of beer or
liquor license suspension; and
WHEREAS, on January 31, 2000, the Board adopted Resolution 2000 -023, amending
Eagle County Beer and Liquor Code Policies and Procedures, "Hearing Policies "; and
WHEREAS, on July 10, 2000, the Board adopted Resolution 2000 -101, amending Eagle
County Beer and Liquor Code Policies and Procedures, "Licensing Fees "; and
WHEREAS, on July 31, 2001, the Board adopted Resolution 2001 -093, amending Eagle
County Beer and Liquor Code Policies and Procedures, "Filing Qualifications "; and
WHEREAS, on November 20, 2001, the Board adopted Resolution 2001 -151, amending
Eagle County Beer and Liquor Code Policies and Procedures, "Filing Qualifications "; and
WHEREAS, on July 9, 2002, the Board adopted Resolution 2002 -092, amending Eagle
County Beer and Liquor Code Policies and Procedures, "Fees "; and
WHEREAS, after due notice, in public hearing held on /a //9- , the Board
considered amending the Eagle County Beer and Liquor Code Po1ic'es a d Procedures to
consolidate and codify previous policies into one document, update statutory citations, and to
provide for the use of the web based program Learn2Serve to show proof of alcohol server
training.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Eagle County Beer and Liquor Code, Policies and Procedures, attached as
Exhibit "A" be and are hereby adopted.
THAT, the provisions of all previous Resolutions be and are hereby re- adopted except as
so amended by this Resolution and Exhibit.
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.
MOVED, READ and ADOPTED by the Board of County Commissioners of the County
of Eagle, State of Colorado, at its regular meeting held the /,,day of 40,0 ,
2002.
2
• •
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through It's BOARD OF COUNTY
COMMISSION RS
/
ATTEST: V I I'" '
_lit ., L _ a By: J _ Clerk to the Boa i of County * Mi had , allagher, Cr a
Commissioners ° C°
Arn Menconi Commissioner
Tom tone, ommissioner
Commissioner . seconded adoption of the fore -going resolution.
The roll having been called, the vote was as follows:
Commissioner Michael Gallagher
Commissioner Arn Menconi
Commissioner Tom Stone a,
This Resolution passed by c3 ' ( vote of the Board of County Commissioners of the
County of Eagle, State of Colorado.
H:\ LIQFILES \res.policies.amend2.wpd
3
• •
EXHIBIT A
EAGLE COUNTY BEER AND LIQUOR CODE
POLICIES AND PROCEDURES
1. 3.2% Fermented Malt Beverages (Section 12 -46 -103 et seq C.R.S.)
Definition: 3.2% Fermented malt beverages are all kinds of beers containing not more than 3.2%
alcohol by weight.
1.2 Licensing Authority (Section 12 -46 -103 et seq, C.R.S.)
The Board of County Commissioners of Eagle County shall be the only authority to issue
3.2% fermented malt beverage licenses to applicants carrying on business within unincorporated
Eagle County.
1.3 Classes of Licenses (Section 12 -46 -107, C.R.S.)
The Board of County Commissioners shall issue only the following licenses for 3.2%
beers:
A. Sales for consumption off the premises of the licensee.
B. Sales for consumption on the premises of the licensee.
C. Sales for consumption both on and off the premises of the licensee.
1.4 Application for 3.2% Beers (Section 12 -46 -309, C.R.S.)
1.5 Filing Qualifications (Sections 12 -46 -104 and 12 -47 -301, C.R.S.)
A complete file for Eagle County must be submitted and shall include the following:
A. Completed State Application
B. Appropriate fees
C. Petition consisting of signatures of the inhabitants of the neighborhood.
D. Proof of possession for purposes of selling not more than 3.2% fermented malt
beverages through a lease, or assignment of lease, contract of sale, warranty deed or other proper
proof.
E. Complete plans and specifications for both the interior and exterior dimensions of
the proposed licensed building, including location of all fixed equipment, all places for storage,
sale and display of not more than 3.2% fermented malt beverages, all exits, entrances, and
parking area (s). The document shall measure 8 %2" x 11 ". If the building is non - existing at the
time of application these plans and specifications must be prepared by an architect and bear said
architect's seal.
F. An area map showing the proposed licensed premises outlined in red.
G. Individual History Form for each individual applicant, each corporate officer,
4
•
director, and each stockholder owning 10% or more of the capital stock of a corporate applicant,
each partner of a partnership applicant, each member of a limited liability company and manager
of any of the foregoing.
H. Fingerprints for all of the above
I. Alcohol Management Plan
J. If the applicant is a corporation, the following additional documents shall be
required:
1. Certification of Incorporation, if less than two years old, or Certificate of
Good Standing.
2. Articles of Incorporation.
3. Copy of Bylaws of the Corporation.
4. Copy of minutes of the organizational meeting showing election of
officers, said minutes should be certified by the secretary of the
corporation.
5. Copy of minutes showing issuance of stock, or copies of stock certificates.
K. If the applicant is a Partnership, excluding husband and wife partnerships, a
signed copy of the partnership agreement shall be required.
L. If the applicant himself/herself is not manager the following shall be added to A
through M above:
1. Permit application/Report of Changes
2. Copy of management agreement signed by the manager and applicant, if
such agreement exists. If not, affidavit of duties and compensation of
manager shall be submitted.
3. Individual History Form
4. Fingerprints.
M. Proof of alcohol server training within 60 days of hire for all employees serving,
selling or dispensing not more than 3.2% fermented beverages, with one of the
following approved programs:
1. T.I.P.S.(Training for Intervention Procedures by Servers of Alcohol)
2. Bar Code (Serving Alcohol Responsibly)
3. Learn2Serve Program, (Web based program)
This training shall be repeated every three years.
N. If the applicant is a Limited Liability Company the following shall be added to A
through N above:
1. Copies of articles of organization for Limited Liability Companies.
2. Acknowledgment from the Secretary of State
3. Copy of operating agreement, designation of responsible party
1.6 Review of Application File
Once the application is submitted it shall be reviewed by the County Clerk & Recorder's Office
and the County Attorney's Office for completeness for the purposes of advising the Liquor
Authority on any legal problems or inadequacies of the documents submitted and suggested
5
• •
corrections therefor.
1.7 Neighborhood Consideration (Section 12 -47 -301, C.R.S.)
Before granting any license, the licensing authority shall consider, the reasonable requirements of
the neighborhood, the desires of the adult inhabitants as evidenced by petitions, remonstrances,
or otherwise, all other reasonable restrictions that are or may be placed upon the neighborhood by
the local licensing authority.
1.8 Hearing Schedule, Fees (Sections 12 -47 -311 and 12 -47 -505, C.R.S.)
A. Upon receipt of an application, except an application for renewal, the licensing
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 days
prior to such hearing. Public notice shall be given by the posting of a sign in a conspicuous place
on the premises for which application has been made an by publication in a newspaper of general
circulation in the County in which the premises are located.
B. At the public hearing conducted by the licensing authority on an application to sell
not more than 3.2% fermented malt beverages, any interested party shall be allowed to present
evidence and to cross - examine witnesses.
C. Each application for a license filed with a licensing authority shall be
accompanied by a license fee and an application fee as shown on exhibit `B ", to cover actual and
necessary expenses;
1. For a new license, and/or transfer of ownership, not to exceed five hundred ($500.00)
dollars.
2. For a change of location, not to exceed one hundred ($100.00) dollars.
3. For a renewal of license, not to exceed fifty ($50.00) dollars.
4. For a change in trade name or modification of premises, not to exceed fifty ($50.00)
dollars.
1.9 Decisions of the Board of County Commissioners
A. Before making any decision approving or denying the application, the Board of
County Commissioners 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 and other pertinent
matters affecting qualifications of the applicant to sell not more than 3.2% fermented malt
beverage.
B. Any decision of the Board of County Commissioners 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.
6
•
1.10 Issuance of License (Section 12 -47 -301 and 312, C.R.S.)
No license shall be issued by the Board of County Commissioners after approval of an
application until:
A. The State license has been issued.
B. If food will be served in the licensed premises, approval by the Eagle County
Environmental Health Department shall be obtained, and inspection of the building shall be
conducted by the Eagle County Building Department to determine if the architect's drawings,
plans and specifications have been complied with.
1.11 Hearing Procedures
Ordinarily, hearings will be held only as set forth here. If no hearing is required by these terms,
the Liquor Inspector person or the Chairman may set the matter for hearing.
New License Applications
Must be heard by the Local Liquor Licensing Authority.
Transfer of Ownership
Must be heard by the Local Liquor Licensing Authority.
Renewals
The Local Liquor Licensing Authority intends that applicants need not appear for a hearing on
annual renewal of the license if there are no problems or concerns raised with respect to the
establishments, THEREFORE:
A. The initial license requires a hearing at which the applicant shall be present;
B. In years following the initial license, all license renewals for which staff or the
Chairman raise concerns or questions require a hearing at which the applicant must be
present;
C. Except as provided in numbers 1 and 2, no hearing is required to renew a license.
Manager Registrations
Generally a hearing is required for registration of a new manager. New managers must appear
personally before the Local Liquor Licensing Authority except where the manager sought to be
registered has appeared before the Authority as the manager of a Liquor Licensed Premise within
the past five years. Managers that have appeared in person before the Authority and have been
the record manager of a Liquor Licensed Premise within the past five years need not appear
personally and the Board need not hold a hearing.
7
• •
Change in Corporate Structure
No hearing required if persons are reported to be of good moral character.
Modification of Premises
No hearing required if the original boundary remains the same. If the boundary is proposed to
change, a hearing is required and the applicant must appear.
Trade Name Change
No hearing required.
Change in Corporate Name
No hearing required.
Change in Location
Hearing required and the applicant must appear.
2. ALCOHOLIC LIQUORS
2.1 Definition
Alcoholic liquors include all kinds of beers containing more than 3.2% alcohol by weight and all
kinds of wines and spirits.
2.2 Licensing Authority
The Board of County Commissioners of Eagle County shall be the only authority to issue
liquor licenses to applicants residing in or outside the State of Colorado, and conducting business
within unincorporated Eagle County.
2.3 Classes of Licenses and Permits (Section 12 -47 -309, C.R.S.)
The Board of County Commissioners may issue only the following licenses:
A. Retail liquor store license.
B. Liquor licensed drugstore license.
C. Beer and wine license.
D. Hotel and restaurant license.
E. Tavern license.
F. Brew pub license
8
• 1
G. Club license.
H. Arts license.
I. Racetrack license.
J. Optional premise license.
K. Retail gaming tavern license
L. Bed & Breakfast Permits
2.4 Application for alcoholic liquor license (Sections 12 -47 -309 and 312, C.R.S.)
2.5 Filing Qualifications (Section 12 -47 -309 et seq, C.R.S.)
A complete file for Eagle County must be submitted and shall include the following:
A. Completed State Application
B. Appropriate fees
C. Food Service Affidavit (hotel & restaurant only)
D. Petition consisting of signatures of the inhabitants of the neighborhood.
E. Proof of possession for purposes of selling liquor through a lease, or assignment
of lease, contract of sale, warranty deed or other proper proof.
F. Complete plans and specifications for both the interior and exterior dimensions of
the proposed licensed building, including location of all fixed equipment, all places for storage,
sale and display of 3.2% beers, all exits, entrances, and parking area (s). The document shall
measure 8 Y2" x 11 ". If the building is non - existing at the time of application these plans and
specifications must be prepared by an architect and bear said architect's seal.
G. An area map showing the proposed licensed premises outlined in red.
H. Individual History Form for each individual applicant, each corporate officer,
director, and each stockholder owning 10% or more of the capital stock of a corporate applicant,
each partner of a partnership applicant, each member of a limited liability company and manager
of any of the foregoing.
I. Fingerprints for all of the above
J. Alcohol Management Plan
K. If the applicant is a corporation, the following additional documents shall be
required:
1. Certification of Incorporation, if less than two years old, or Certificate of
Go Standing.
2. Articles od of Incorporation.
3. Copy of Bylaws of the Corporation.
4. Copy of minutes of the organizational meeting showing election of
officers, said minutes should be certified by the secretary of the
corporation.
5. Copy of minutes showing issuance of stock, or copies of stock certificates.
L. If the applicant is a Partnership, excluding husband and wife partnerships, a
signed copy of the partnership agreement shall be required.
M. If the applicant himself/herself is not manager the following shall be added to A
9
• •
through M above:
1. Permit application/Report of Changes
2. Copy of management agreement signed by the manager and applicant, if
such agreement exists. If not, affidavit of duties and compensation of
manager shall be submitted.
3. Individual History Form
4. Fingerprints
N. Proof of alcohol server training within 60 days of hire for all employees serving,
selling or dispensing alcoholic beverages with one of the following approved programs:
1. T.I.P.S.(Training for Intervention Procedures by Servers of Alcohol)
2. Bar Code (Serving Alcohol Responsibly)
3. Learn2Serve Program (Web based program)
This training shall be repeated every three years.
O. If the applicant is a Limited Liability Company the following shall be added to A
through N above:
1. Copies of articles of organization for Limited Liability Companies.
2. Acknowledgment from the Secretary of State
3. Copy of operating agreement, designation of responsible party
2.6 Review of Application File
Once the file is complete, it shall be reviewed by the County Clerk & Recorder's Office
and the County Attorney's Office for purposes of advising the Board on any legal problems or
inadequacies of the documents submitted and suggested corrections therefor.
2.7 Neighborhood Consideration (Section 12 -47 -301 (1), C.R.S.)
Before granting any license, the licensing authority shall consider, the reasonable requirements of
the neighborhood, the desires of the adult inhabitants as evidenced by petitions, remonstrances,
or otherwise, 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, the licensing authority shall consider the effect on competition of the
granting or disapproving of additional licenses to such licensee.
2.8 Hearing Schedule (Section 12 -47 -311, C.R.S.)
A. Upon receipt of an application, except an application for renewal or for transfer of
ownership, the local licensing 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 days prior to such hearing. Public notice shall be given by the posting of
a sign in a conspicuous place on the premises for which application has been made an by
publication in a newspaper of general circulation in the County in which the premises are located.
B. At the public hearing pursuant to this section any interested party shall be allowed
10
• •
to present evidence and to cross - examine witnesses.
2.9 Local License Fees (Section 12 -47 -505, C.R.S.)
A. Each application for a license filed with the licensing authority shall be
accompanied by a license fee and an application fee as shown on exhibit `B" to cover actual and
necessary expenses.
2.10 Decisions of the Board of County Commissioners.
A. Before making any decision approving or denying the application, the Board of
County Commissioners 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, type and availability
of liquor outlets located in or near the neighborhood under consideration, and any other pertinent
matters affecting qualifications of the applicant for the conduct of the type of business proposed,
provided that the reasonable requirements of the neighborhood shall not be considered in the
issuance of a club liquor license as defined in the Colorado Liquor Code.
B. Any decision of the Board of County Commissioners 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.
2.11 Issuance of License (Sections 12 -47 -301 and 12 -47 -312, C.R.S.)
No license shall be issued by the Board of County Commissioners after approval of an
application until:
A. The State license has been issued.
B. If food will be served in the licensed premise, approval by the Health Department
of the building shall be obtained, and inspection of the building shall be conducted by the
Building and the Zoning Departments to determine if the architect's drawings, plans and
specifications have been complied with.
2.12 Hearing Procedures
Ordinarily, hearings will be held only as set forth here. If no hearing is required by these terms,
the Liquor Inspector person or the Chairman may set the matter for hearing.
New License Applications
Must be heard by the Local Liquor Licensing Authority.
Transfer of Ownership
11
• •
Must be heard by the Local Liquor Licensing Authority.
Renewals
The Local Liquor Licensing Authority intends that applicants need not appear for a hearing on
annual renewal of the license if there are no problems or concerns raised with respect to the
establishments, THEREFORE:
A. The initial license requires a hearing at which the applicant shall be present;
B. In years following the initial license, all license renewals for which staff or the
Chairman raise concerns or questions require a hearing at which the applicant must be
present;
C. Except as provided in numbers 1 and 2, no hearing is required to renew a license.
Manager Registrations
Generally a hearing is required for registration of a new manager. New managers must appear
personally before the Local Liquor Licensing Authority except where the manager sought to be
registered has appeared before the Authority as the manager of a Liquor Licensed Premise within
the past five years. Managers that have appeared in person before the Authority and have been
the record manager of a Liquor Licensed Premise within the past five years need not appear
personally and the Board need not hold a hearing.
Change in Corporate Structure
No hearing required if persons are reported to be of good moral character.
Modification of Premises
No hearing required if the original boundary remains the same. If the boundary is proposed to
change, a hearing is required and the applicant must appear.
Trade Name Change
No hearing required.
Change in Corporate Name
No hearing required.
Change in Location
Hearing required and the applicant must appear.
12
•
3. SPECIAL EVENTS PERMITS (Section 12 -48 -101 et seq C.R.S.)
A special event permit may be issued to an organization, whether or not presently licensed under
Articles 46 and 47 of Section 12, C.R.S., which has been incorporated under the laws of this state
for purposes of a social, fraternal, patriotic, political, or athletic nature, and not for pecuniary
gain, or which is a regularly chartered branch, lodge, or chapter of a national organization or
society organized for such purposes and being nonprofit in nature, or which is a regularly
established religious or philanthropic institution, and to any political candidate who has filed the
necessary reports and statements with the Secretary of State pursuant to Article 45 of Title 1,
C.R.S.
3.1 Fees for Special event Permit (Section 12 -48 -104, C.R.S.)
A. Ten dollars per day for not more than 3.2% fermented malt beverage permit;
B. Twenty -five dollars per day for a malt, vinous, and spirituous liquor permit.
3.2 Restrictions Related to Permits (Section 12- 48- 105,C.R.S.)
A. Each special event permit shall be issued for a specific location and is not valid
for any other location.
B. A special event permit authorizes sale of the beverages or the liquors specified
only during specifies times:
1. Between the hours of seven a.m. of the day specified and twelve midnight
on the same day for a permit to sell fermented malt beverages containing
not more than 3.2% alcohol by weight;
2. Between the hours of seven a.m. of the day specified and until twelve
midnight on the same day for a malt, vinous, and spirituous liquor permit
and;
C. A special event permit may not be issued to any organization for more than ten
days in one calendar year.
D. No issuance of a special event permit shall have the effect of requiring the local
licensing authority to issue such a permit upon any subsequent application by an organization.
E. Sandwiches or other food snacks shall be available during all hours of service of
malt, vinous, spirituous liquors, but prepared meals need not be served.
3.3 Grounds for Denial of Special Permit ( Section 12 -48 -106, C.R.S.)
A. The licensing authority may deny the issuance of a special event permit upon the
grounds that such issuance would be injurious to the public welfare by reason of the nature of the
special event, it's location within the community, or the failure of the applicant in a past special
event to conduct such event in compliance with applicable laws and regulations.
B. Public notice of the proposed permit and of the procedure for protesting issuance
of the permit shall be conspicuously posted at the proposed location for at least ten days before
13
• •
the hearing on the permit by the licensing authority.
3.4 Applications for Special Permit (Section 12 -48 -107, C.R.S.)
A. Applications for a special event permit shall be made with the licensing authority
on forms provided by the state licensing authority and shall be verified by oath of affirmation of
an officer of the organization or of the political candidate making application. Said application
must be filed 45 days prior to the date of the event.
B. A special event permit is granted only after the licensing authority approves the
application, the necessary fees are provided, and the state licensing authority then approves the
application.
C. The licensing authority shall only cause a hearing to be held if, after investigation
and upon review of the contents of any protest filed by affected persons, sufficient grounds
appear to exist for denial of a permit. Any protest shall be filed by affected persons within ten
days after the date of notice pursuant to Section 12 -48 -106 (2), C.R.S. The hearing shall be held
at least ten days after the initial posting of the notice, and notice thereof shall be provided the
applicant and any person who has filed a protest. The licensing authority may assign all or any
portion of its functions under this article to an administrative officer.
D. The following documents shall be submitted with the application:
1. Deed or lease for the premises.
2. Approval letters from the Eagle County Sheriff, Environmental Health and
Chief Building Official.
3. Certificate of Good Standing.
4. Clear clean map of the area to be licensed.
5. Current insurance policy.
6. Copy of Sales Tax License or Exempt Certificate.
7. Alcohol Management Plan.
8. Proof of alcohol server training by T.I.P.S. Training, (Training for
Intervention Procedures by Servers of Alcohol) or Bar Code (Serving
Alcohol Responsibly) or Learn2Serve Program (Web based program).
This training shall be repeated every three years.
3.5 Exemptions (Section 12 -48 -108, C.R.S.)
An organization otherwise qualifying under Section 12 -48 -102, C.R.S. shall be exempt from the
provision of this Article and shall be deemed to be dispensing gratuitously and not to be selling
fermented malt beverages or malt, spirituous or vinous liquors, when it serves by the drink, to its
members and their guests at a private function held by such organization on unlicensed premises
so long as any admission or other charge, if any, required to be paid or given by any such
member as a condition to entry or participation in the event is uniform as to all without regard to
whether or not a member or such member's guest consumes or does not consume such beverages
or liquors.
14
• •
4. OPTIONAL PREMISES
The following standards for the issuance of optional premises licenses or for optional premises
for a hotel and restaurant license are hereby adopted pursuant to the provisions of Section 12 -47-
310 C.R.S.
These standards adopted herein shall be considered in addition to all other standards applicable to
the issuance of licenses under the Colorado Liquor Code for optional premises licenses or for
optional premises for a hotel and restaurant license. These two types of licenses for optional
premises will collectively be referred to as "optional premises" in these standards unless
otherwise provided.
4.1 Eligible Facilities
An optional premises may only be approved when that premises is located on or adjacent to an
outdoor sports and recreational facilities as defined in Section 12 -47 -310. The types of outdoor
sports and recreational facilities which may be considered for an outdoor premises license
include the following:
A. Country Club
B. Golf courses and driving ranges
C. Ice skating areas
D. Ski areas
E. Swimming pools
F. Outdoor tennis courts and clubs
G. Equestrian centers
H. Horse shoe pits
I. Dude ranch
J. Athletic Facility
K. Others as deemed eligible
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 license. However, the Local
Licensing 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.
4.2 Number of Optional Premises
The Local Liquor Licensing Authority, in its discretion, may restrict the number of optional
premises which any one licensee may have. Any licensee requesting approval of more than one
optional premises shall;
15
• •
A. Explain the reason for each optional premises requested
B. Demonstrate how the optional premises relate to each other from an operational
standpoint
C. Demonstrate to the satisfaction of the Local Liquor Licensing Authority the need
for each optional premises in relationship to the outdoor sports and recreational
facility and its guests
D. Demonstrate that the optional premises will not adversely affect the neighborhood
in which it is located.
4.3 Submittal Requirements
When submitting a request for the approval of an optional premises, an applicant shall also
submit the following information:
A. An applicant for optional premises shall submit with the application an
application fee of one hundred dollars ($100.00) per optional premises and the local and state
license fee.
B. A map or other drawing illustrating the outdoor sports or recreational facility
boundaries and the approximate location of each optional premises requested.
C. A legal description of the approximate area within which the optional premises
shall be located.
D. A description of the method which shall be used to identify the boundaries of the
optional premises when it is in use.
E. A description of the provisions which have been made for storing vinous and
spirituous liquors in a secured area on or off the optional premises for the future use on the
optional premises.
F. 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.
4.4 Advance Notification
Pursuant to Section 12 -47 -310 (3), no alcoholic beverages may be served on an optional premises
without the licensee having provided written notice to the State and Local Liquor Licensing
authorities 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 is to be used. In this
regard, there is no limitation on the number of days which a licensee may specify in each notice.
All notices to the Eagle County Clerk & Recorder and the State must be received by both
authorities at least 48 hours prior to serving alcoholic beverages on the optional premises.
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,
16
•
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.
4.5 Notice and Hearing Procedures
An application for an optional premises license, or an application for optional premises for a new
hotel and restaurant license, shall be scheduled in the same manner as any other new liquor
license application and the posting, publication and hearing requirements of Section 12 -47 -311
C.R.S., shall apply. An application for an optional premises for an existing hotel and restaurant
license shall be scheduled for public hearing not less than ten (10) days from the date of the
application, and public notice shall be given by posting and publishing in accordance with
Section 12 -47 -311 C.R.S. At the public hearing on any optional premises application the Board
will consider the criteria within the standards and make findings as to whether the applicant has
complies with said criteria and these standards.
5. BED AND BREAKFAST PERMITS
5.1 Bed & Breakfast Permit
In lieu of a hotel and restaurant license a person operating a bed and breakfast with not more that
twenty (20) sleeping rooms that offers complimentary malt, vinous & spirituous liquors for
consumption only on the premises and only by overnight guests may be issued a bed and
breakfast permit. A bed and breakfast permittee shall not sell alcoholic beverages by the drink
and shall not serve alcoholic beverages for more that four (4) hours in any one day.
5.2 Fees
An applicant for a bed and breakfast permit is exempt from any fee otherwise assessable in this
exhibit, but is subject to all other fees and all other requirements of this section.
5.3 Revocation
A bed and breakfast permit may be suspended or revoked in accordance with Section 12 -47 -601
if the permittee violates any provision of this article or any rule adopted pursuant to this section
or fails truthfully to furnish any required information in connection with a permit application.
5.4 Unlawful Acts
It is unlawful for any owner, part owner, shareholder, or person interested directly or indirectly in
a bed and breakfast permit to conduct, own either in whole or in part, or be directly or indirectly
interested in any other business licensed pursuant to this section, except that a person regulated
under this section may have interest in other bed and breakfast permits, in an arts license or in a
financial institution referred to in this section.
End of Exhibit "A"
17
• •
EXHIBIT B
EAGLE COUNTY
LIQUOR LICENSING FEES
LICENSE TYPE & FEES STATE FEES COUNTY FEES
Application for New License 900.00 500.00
Application for Concurrent Review 1000.00 500.00
Application for Transfer /Ownership 900.00 500.00
3.2% Beer License(on and/or off) 117.50 7.50
Arts License 308.75 41.25
Beer & Wine License 436.25 63.75
Brew Pub 750.00 75.00
Club License 308.75 41.25
Hotel & Restaurant 500.00 75.00
Licensed Drugstore 312.50 37.50
Opt Prem (stand alone) 500.00 75.00
Race Track License 500.00 75.00
Resort Complex Facility Permit 500.00 0
Retail Gaming License 500.00 75.00
Retail Liquor Store 312.50 37.50
Tavern License 500.00 75.00
ALL OF THE ABOVE LICENSE FEES MUST BE ACCOMPANIED
BY ONE OF THE FOLLOWING PROCESSING FEES
Addition of permits to Resort Complex 75.00 each 0
Annual Renewal 50.00 50.00
Bed & Breakfast 25.00 25.00
Branch Warehouse /Storage 100.00 0
Change in Location 150.00 500.00
Change in Tradename 50.00 50.00
Corporate /LLC Change 100.00 100.00
(May be charged by the local or state authority, not both)
Delivery Permit 0 0
Duplicate License 50.00 0
Expansion, Add Opt. Prem to H & R 100.00 50.00
Late Renewal Application 0 500.00
Managers Registration 75.00 75.00
Mini Bar Permit 500.00 325.00
Modifications 150.00 50.00
Out of State Shipping Permit 100.00 0
18
• •
Retail Warehouse Storage Permit 100.00 0
Special Events Permit 25.00 (per day) 25.00 (per day)
Special Events 3.2% Beer 10.00 (per day) 10.00 (per day)
Temporary Permit 0 100.00
End of Exhibit "B"
19