HomeMy WebLinkAboutR08-092 Beer and Liquor Licensing Policies and ProceduresCommissioner 1,1~~,~0 C~ ~ moved adoption of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.2008- D L ~
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 "Liquor Authority"); and
WHEREAS, C.R.S. § 12-47-601 provides that the Local Licensing 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 Board is desires to establish guidelines concerning any aggravating or
mitigating factors that may be relevant to the Liquor 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, in 1999 the Board of County Commissioners adopted Resolution 99-157
which authorized the Liquor Authority to utilize these procedures for retail license holders and
the Board now wishes to extend this optional procedure to all liquor license holders; and
WHEREAS, the Board of County Commissioners of Eagle County, Colorado (the
"Board"), which acts as the Liquor Authority, 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, suspension and revocation of licenses for the sale of beer and liquor
within the unincorporated areas of the County, and to consolidate and codify previous policies
into one document.
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 hereby adopted.
THAT, the fee schedule, attached hereto as Exhibit "B" be hereby adopted.
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.
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, at its regular meeting held the ~G _ day of August, 2008.
COUNTY OF EAGLE, STATE OF COLORADO
BY AND THRI ITS BOARD OF COUNTY
COMMISS
BY:
Board of County Commissii~'`~
Arn`A~ N$eficoni, Chairman
Sara J. Fisher, issi
Peter F. Runyon, Commissioner
Commissioner ~~L..~`~ ati. seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Arn M. Menconi ~~-j-, h
Commissioner Sara J. Fisher St-~a i
Commissioner Peter F. Runyon 4
EXHIBIT "A"
EAGLE COUNTY BEER AND LIQUOR CODE
POLICIES AND PROCEDURES
I. LICENSING PROCEDURES
1. 3.2% FERMENTED MALT BEVERAGES (C.R.S. § 12-46-103 et seq.)
3.2% fermented malt beverages are all kinds of beers containing not more than 3.2%
alcohol by weight. The Board of County Commissioners of Eagle County sitting as the
Eagle County Liquor Licensing Authority (hereinafter, the "Liquor Authority") shall be
the authority to issue 3.2% fermented malt beverage licenses to applicants carrying on
business within unincorporated Eagle County. Such authority shall be in accordance with
applicable sections of the Colorado Revised Statutes, as may be amended from time to
time.
1.1 Filing Qualifications (C.R.S. §§ 12-46-104 and 12-47-301)
All completed applications must be submitted to the Liquor License Coordinator, in the
Eagle County Clerk and Recorder's Office and must include the following:
A. All information called for in applicable statutes, regulations, 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 a lease, assignment of
lease, contract of sale, warranty deed or other property proof
D. An area map showing the proposed licensed premises outlined in red.
E. Individual history form for each individual applicant, each corporate officer, each
stockholder owning more than 10% or more of the capital stock of a corporate
applicant, each partner of a partnership applicant, each member of a LLC and any
manager of any of the foregoing
F. An Alcohol Management Plan.
G. Proof of alcohol server training within 30 days of hire for all employees serving,
selling or dispensing not more than 3.2% fermented 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 every three years:
1. T.I.P.S. (Training for Intervention Procedures by
Servers of Alcohol) (In-class session only);
2. ServSafeAlcohol (Serving Alcohol Responsibly); or
3. Learn2Serve Program (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 supervised by a
properly trained alcohol server at all times that alcohol beverages are being
served.
H. All applicable fees according to the fee schedule attached hereto, as may be
amended from time to time.
I. If the applicant is a Corporation:
i) Certificate of Incorporation, if less then two years old, or Certificate of
Good Standing;
ii) Articles of Incorporation;
iii) Copy of Bylaws of the Corporation;
iv) Copy of minutes of the organizational meeting showing election of
officers (said minutes should be certified by the secretary of the
corporation); and
v) Copy of the minutes showing the issuance of stock, or copies of stock
certificates.
J. If the applicant is a Partnership, a signed copy of the partnership shall be required.
K. If the applicant is a Limited Liability Company:
i) A copy of the articles of organization;
ii) Acknowledgment from the Secretary of State; and
iii) A copy of the operating agreement, which designates the responsible party
L. If the applicant is not the manager,
i) A copy of the management agreement signed by the manager and
applicant; or an affidavit of duties and the compensation of manager;
ii) An individual history form; and
iii) The manager's fingerprints.
M. Any other information deemed necessary by the Liquor Authority or its designee
in reviewing the application.
1.2 Review of Application File
Once the application is submitted it shall be reviewed by the County Liquor License
Coordinator and the County Attorney's Office, if necessary, for completeness for the
purposes of advising the Liquor Authority on any legal problems or inadequacies of the
documents submitted and suggested corrections therefore. A completed application with
accompanying fees shall be acted upon by the Liquor Authority pursuant to the
applicable provisions of the Colorado Revised Statutes.
1.3 Neighborhood Considerations
Before granting any license, the Liquor Authority shall consider the reasonable
requirements of the neighborhood, the desires of the adult inhabitants as evidence by
petitions or otherwise, and all reasonable restrictions that are or may be placed upon the
neighborhood by the Liquor Authority.
1.4 Hearing Schedule, Fees (C.R.S. §§ 12-47-311 and 12-47-505)
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A. Upon receipt of an application, except an application for renewal, the Liquor
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 on the premises for which application has been made by
publication in a newspaper of general circulation in Eagle County.
B. At the public hearing conducted by the Liquor 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 the Liquor Authority shall be
accompanied by a license fee and an application fee as provided by the fee schedule
attached hereto, to cover actual and necessary expenses.
1.5 Decision of the Local Liquor Licensing Authority
A. Before making any decision approving or denying the application, the Liquor
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 and other pertinent matters
affecting `qualifications of the applicant to sell not more than 3.2% fermented malt
beverage.
B. Any decision of the Liquor 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.
1.6 Issuance of License (C.R.S. §§ 12-47-301 and 12-47-312)
No license shall be issued by the Liquor 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;
1.7 Hearing Procedures
Even where no hearing is required by these terms, the Liquor License Coordinator or the
Chairman may set the matter for hearing.
A. New License Applications: Must be heard by the Liquor Authority.
B. Transfer of Ownership: Must be heard by the Liquor Authority.
C. Renewals: The Liquor Authority or the Liquor License Coordinator may require
a hearing at which the applicant must be present if staff or a member of the
Authority has raised concerns or questions concerning the renewal of the license.
Otherwise, no hearing is required.
D. Manager Registrations: Generally, no hearing is required for registration of a
new manager. However, the Liquor Authority or staff may require a hearing at
which the new manager must be present if staff or a member of the Authority has
raised questions or concerns concerning the new management. In any event, new
managers are encouraged to be present during the meetings at which they are
registered so as to answer any questions that may arise.
E. Change in Corporate Structure: No hearing required if persons are reported to
be of good moral character.
F. 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.
G. Trade Name Change: No hearing required.
H. Change in Corporate Name: No hearing required.
I. Change in Location: Hearing required and applicant must appear.
2. ALCOHOLIC LIQUORS
Alcoholic liquors include all kinds of beers containing more than 3.2% alcohol by weight
and all kinds of wine and spirits. The Liquor Authority shall be the authority to issue
liquor licenses to applicants residing inside or outside the State of Colorado, and
conducting business within unincorporated Eagle County. Such authority shall be in
accordance with applicable sections of the Colorado Revised Statutes, as may be
amended from time to time.
2.1 Classes of Licenses and Permits (C.R.S. § 12-47-309)
The Liquor Authority may only issue the classes of liquor licenses listed in Colorado
Revised Statutes § 12-47-309 (1), upon application and payment of the fee specified in
the fee schedule attached hereto as Exhibit "B."
2.2 Filing Qualifications (C.R.S. § 12-47-309)
All completed applications submitted to the Eagle County Liquor License Coordinator at
the Eagle County Clerk and Recorder's Office, and must include the following:
A. All information called for in applicable statutes, regulations, 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 a lease, assignment of
lease, contract of sale, warranty deed or other property proof
D. An area map showing the proposed licensed premises outlined in red.
E. Individual history form for each individual applicant, each corporate officer, each
stockholder owning more than 10% or more of the capital stock of a corporate
applicant, each partner of a partnership applicant, each member of a LLC and any
manager of any of the foregoing
D. An Alcohol Management Plan.
E. 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 every three years:
1. T.I.P.S. (Training for Intervention Procedures by
Servers of Alcohol) (In-class session only);
2. ServSafeAlcohol (Serving Alcohol Responsibly); or
3. Learn2Serve Program (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 supervised by a
properly trained alcohol server at all times that alcohol beverages are being
served.
F. All applicable fees according to the fee schedule attached hereto, as may be
amended from time to time.
G. If the applicant is a Corporation:
i) Certificate of Incorporation, if less then two years old, or Certificate of
Good Standing;
ii) Articles of Incorporation;
iii) Copy of Bylaws of the Corporation;
iv) Copy of minutes of the organizational meeting showing election of
officers (said minutes should be certified by the secretary of the
corporation); and
v) Copy of the minutes showing the issuance of stock, or copies of stock
certificates.
H. If the applicant is a Partnership, a signed copy of the partnership shall be required.
I. If the applicant is a Limited Liability Company:
i) A copy of the articles of organization;
ii) Acknowledgment from the Secretary of State; and
iii) A copy of the operating agreement, which designates the responsible party
J. If the applicant is not the manager,
i) A copy of the management agreement signed by the manager and
applicant; or an affidavit of duties and the compensation of manager;
ii) An individual history form; and
iii) The manager's fingerprints.
K. Any other information deemed necessary by the Liquor Authority or its designee
in reviewing the application.
2.3 Review of Application File
Once the application is submitted it shall be reviewed by the Liquor License Coordinator
and the County Attorney's Office, if necessary, for completeness for the purposes of
advising the Liquor Authority on any legal problems or inadequacies of the documents
submitted and suggested corrections therefore. A completed application with
accompanying fees shall be acted upon by the Liquor Authority pursuant to the
applicable provisions of the Colorado Revised Statutes.
2.4 Neighborhood Considerations
Before granting any license, the Liquor Authority shall consider the reasonable
requirements of the neighborhood, the desires of the adult inhabitants as evidence by
petitions or otherwise, and all reasonable restrictions that are or may be placed upon the
neighborhood by the Liquor Authority.
2.5 Hearing Schedule, Fees (C.R.S. §§ 12-47-311 and 12-47-505)
A. Upon receipt of an application, except an application for renewal, the Liquor
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 on the premises for which application has been made by
publication in a newspaper of general circulation in Eagle County.
B. At the public hearing conducted by the Liquor Authority on an application to sell
alcoholic beverages, any interested party shall be allowed to present evidence and to
cross-examine witnesses.
C. Each application for a license filed with the Liquor Authority shall be
accompanied by a license fee and an application fee as provided by the fee schedule
attached hereto as Exhibit "B," to cover actual and necessary expenses.
2.6 Decision of the Liquor Authority
A. Before making any decision approving or denying the application, the Liquor
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 and other pertinent matters
8
affecting qualifications of the applicant to sell not more than 3.2% fermented malt
beverage.
B. Any decision of the Liquor 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.
2.7 Issuance of License (C.R.S. §§ 12-47-301 and 12-47-312)
No license shall be issued by the Liquor 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.
2.8 Hearing Procedures
Even where no hearing is required by these terms, the Liquor License Coordinator or the
Chairman may set the matter for hearing.
A. New License Applications: Must be heard by the Liquor Authority.
B. Transfer of Ownership: Must be heard by the Liquor Authority.
C. Renewals: The Liquor Authority or the Liquor License Coordinator may require
a hearing at which the applicant must be present if staff or the Chairman has
raised concerns or questions concerning the renewal of the license. Otherwise, no
hearing is required.
D. Manager Registrations: Generally, no hearing is required for registration of a
new manager. However, the Liquor Authority or staff may require a hearing at
which the new manager must be present if staff or a member of the Authority has
raised questions or concerns concerning the new management. In any event, new
managers are encouraged to be present during the meetings at which they are
registered so as to answer any questions that may arise.
E. Change in Corporate Structure: No hearing required if persons are reported to
be of good moral character.
F. 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.
G. Trade Name Change: No hearing required.
H. Change in Corporate Name: No hearing required.
I. Change in Location: Hearing required and applicant must appear.
3. SPECIAL EVENT PERMITS (C.R.S. § 12-48-101, et seq.)
The Liquor Authority, and the Liquor License Coordinator as its designee, shall be the
authority to issue special event permits to applicants residing in or outside the State of
Colorado, and conducting business within unincorporated Eagle County. Such authority
shall be in accordance with applicable sections of the Colorado Revised Statutes, as may
be amended from time to time.
3.1 Restrictions Related to Permits (C.R.S. § 12-48-105)
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 alcohol beverages or liquors
specified only during the times specified within the permit.
C. A special event permit may not be issued to any organization for more than ten
days in a calendar year.
D. No issuance of a special event permit shall have the effect of requiring the Liquor
Authority to issue such a permit upon any subsequent application by the
organization.
E. 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.
3.2 Filing Requirements (C.R.S. § 12-48-107)
A. Applications for a special event permit shall be made with the Liquor 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 the
application. Said application must be filed at least 30 days prior to the date of the event.
B. 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 every three years:
io
1. T.I.P.S. (Training for Intervention Procedures by
Servers of Alcohol) (In-class session only);
2. ServSafeAlcohol; (In-class session or Web Based Program); or
3. Learn2ServetobyTanny Program (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.
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 Liquor Authority or its
designee in reviewing the application.
3.3 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, if necessary, for completeness for the purposes
of advising the Liquor Authority on any legal problems or inadequacies of the documents
submitted and suggested corrections therefore. A completed application with
accompanying fees shall be acted upon by the Liquor Authority pursuant to the
applicable provisions of the Colorado Revised Statutes.
3.4 Grounds for Denial of Special Event Permit
A. The Liquor Authority may deny the issuance of a special event permit upon the
grounds that such issuance would not be in the best interest of the public by reason of the
nature of the special event, its location within the community, failure of the applicant to
provide proof of proper server training 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 the permit is to be considered by the Liquor Authority.
4. OPTIONAL PREMISES (C.R.S. § 12-47-310)
The Liquor Authority shall be the authority to issue optional premises licenses to
applicants residing in or outside the State of Colorado, and conducting business within
unincorporated Eagle County. Such authority shall be in accordance with applicable
sections of the Colorado Revised Statutes, as may be amended from time to time.
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.
11
4.1 Filing Requirements (C.R.S. § 12-47-310)
All completed applications submitted to Eagle County must include the following:
A. All information called for in applicable statutes, regulations, or state-approved
application forms.
B. 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.
C. 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.
D. All applicable fees according to the fee schedule attached hereto, as may be
amended from time to time. Any other information deemed necessary by the
Liquor Authority in reviewing the application.
4.2 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, if necessary, for completeness for the purposes
of advising the Liquor Authority on any legal problems or inadequacies of the documents
submitted and suggested corrections therefore. A completed application with
accompanying fees shall be acted upon by the Liquor Authority pursuant to the
applicable provisions of the Colorado Revised Statutes.
4.3 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 C.R.S. 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 by the Liquor Authority and the Liquor License Coordinator as
its designee.
12
There are no restrictions on the minimum size of the outdoor sports and recreational
facilities which maybe eligible for the approval of an optional premises license.
However, the Liquor 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 Liquor Authority
considers the related facility to be too small to require an optional premise.
4.4 Number of Optional Premises
The Liquor 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 premise shall:
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 Liquor Authority the need for each optional
premise 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.
4.5 Advance Notification
Pursuant to C.R.S. 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
Liquor 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
5. BED AND BREAKFAST PERMITS (C.R.S. § 12-47-410)
5.1 Bed & Breakfast Permit
The Liquor Authority shall be the authority to issue Bed and Breakfast permits to
applicants residing in or outside the State of Colorado, and 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. 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 Filing Qualifications
All completed applications submitted to Eagle County must include the following:
13
A. All information called for in applicable statutes, regulations, or state-approved
application forms.
B. An area map showing the proposed licensed premises outlined in red.
C. An Alcohol Management Plan.
D. 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 every three years:
1. T.I.P.S. (Training for Intervention Procedures by
Servers of Alcohol) (In-class session only);
2. ServSafeAlcohol (Serving Alcohol Responsibly); or
3. Learn2Serve Program (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.
E. All applicable fees according to the fee schedule attached hereto, as may be
amended from time to time.
F. Any other information deemed necessary by the Liquor Authority or its designee
in reviewing the application.
5.3 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, if necessary, for completeness for the purposes
of advising the Liquor Authority on any legal problems or inadequacies of the documents
submitted and suggested corrections therefore. A completed application with
accompanying fees shall be acted upon by the Liquor Authority pursuant to the
applicable provisions of the Colorado Revised Statutes.
6. TASTING PERMITS (C.R.S. § 12-47-301(10))
The Liquor Authority designee shall be the authority to issue tasting permits to applicants
operating retail liquor stores or liquor-licensed drugstores within unincorporated Eagle
County. Such authority shall be in accordance with applicable sections of the Colorado
Revised Statutes, as may be amended from time to time.
6.1 Filing Requirements
All completed applications submitted to Eagle County must include the following:
14
A. All information called for in applicable statutes, regulations, or state-approved
application forms.
B. All applicable fees according to the fee schedule attached hereto, as maybe
amended from time to time.
C. Proof of alcohol server training with a State recognized vendor for all individuals
who will be serving alcohol beverages.
D. Any other information deemed necessary by the Liquor Authority or its designee
in reviewing the application.
6.2 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, if necessary, for completeness for the purposes
of advising the Liquor Authority on any legal problems or inadequacies of the documents
submitted and suggested corrections therefore. A completed application with
accompanying fees shall be acted upon by the Liquor Authority pursuant to the
applicable provisions of the Colorado Revised Statutes.
7. ART GALLERY PERMITS (C.R.S. § 12-47-422)
The Liquor Authority designee shall be the authority to issue art gallery permits to
applicants operating an Art Gallery, within unincorporated Eagle County, that would like
to offer to its patrons complimentary malt, vinous, or spirituous liquors for consumption
only on the premises. Such authority shall be in accordance with applicable sections of
the Colorado Revised Statutes, as may be amended from time to time.
7.1 Definition (C.R.S. § 12-47-122)
A. An "Art Gallery" means an establishment whose primary purpose is to exhibit and
offer for sale works of fine art as defined in section 6-15-101, C.R.S., or precious or
semiprecious metals or stones as defined in section 18-16-102, C.R.S.
i) C.R.S. § 6-15-101 (4) "Work of fine art" or "work" means:
a) A work of visual art such as a painting, sculpture, drawing, mosaic, or photograph. b)
A work of calligraphy. c) A work of graphic art such as an etching, a lithograph, an
offset print, a silk screen, or any other work of similar nature. d) A craft work in
materials, including but not limited to clay, textile, fiber, wood, metal, plastic, or glass.
e) A work in mixed media such as collage or any combination of the art media set forth
in this subsection (4).
ii) C.R.S. § 18-16-102 (3) "Precious or semiprecious metals or stones"
means such metals as, but not limited to gold, silver, platinum, and pewter and such
stones as, but not limited to, alexandrite, diamonds, emeralds, garnets, opals, rubies,
sapphires, and topaz. For the purposes of this article, ivory, coral, pearls, jade, and such
other minerals, stones, or gems as are customarily regarded as precious or semiprecious
are deemed to be precious or semiprecious stones.
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7.2 Applying for an Art Gallery Permit
All completed applications submitted to Eagle County must include the following:
A. All information called for in applicable statutes, regulations, or state-approved
application forms.
B. All applicable fees according to the fee schedule attached hereto, as maybe
amended from time to time.
C. Any other information deemed necessary by the Liquor Authority or its designee
in reviewing the application.
D. (i) The state or local licensing authority may reject the application for an art gallery
permit if the applicant fails to establish that the applicant is able to offer complimentary
alcohol beverages without violating this section or creating a public safety risk to the
neighborhood.
(ii) Upon initial application, and for each renewal, the applicant shall list each day
that alcohol beverages will be served, which days shall not be changed without a
minimum of fifteen days written notice to the state and local licensing authority.
E. An art gallery shall not be denied an Art Gallery Permit based solely on the art
gallery's proximity to any public or private school or the principal campus of a college,
university, or seminary.
F. A special events permit may be issued to a location that holds an Art Gallery Permit.
7.3 Restrictions related to Art Gallery Permits (C.R.S. § 12-47-122)
A. An Art Gallery Permittee shall not, directly or indirectly, sell alcohol beverages by
the drink, shall not serve alcohol beverages for more than four hours in any one day, and
shall not serve alcohol beverages more than fifteen days per year of license.
B. An Art Gallery shall not charge an entrance gee or a cover charge in connection with
offering complimentary malt, vinous, or spirituous liquors for consumption only on the
premises.
C. An Art Gallery Permit maybe suspended or revoked in accordance with section 12-
47-691 if the Permittee violates any provision of this article or any rule adopted pursuant
to this article or fails to truthfully furnish any required information in connection with a
permit application.
D. It is unlawful for any owner, part owner, shareholder, or person interested directly or
indirectly in an Art Gallery Permit to conduct, own either in whole or in part, or be
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directly or indirectly interested in any other business licensed pursuant to this article;
except that a person regulated under this section may have an interest in other Art Gallery
Permits, in a license described in section 12-47-401 (1) (j) to (1) (t), or in a financial
institution referred to in section 12-47-308 (4).
E. An Art Gallery issued a permit shall not intentionally allow more than two hundred
fifty people to be on the premises at one time when alcohol is being served.
F. Nothing in this section shall be construed to abrogate any insurance coverage required
by law; to authorize a licensed art gallery to violate section 12-47-901, including, without
limitation, serving a visibly intoxicated person and taking an alcohol beverage off the
licensed premises; or to violate any zoning or occupancy ordinances or laws.
G. Art Gallery Permittees are subject to the same requirements and penalties of the
liquor code as other licensees.
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.
PROCEDURE
A. Whenever a written complaint has been filed with the Eagle County Licensing
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
Liquor Authority shall determine by investigation or otherwise the probable truth
of such charges.
B. If it shall appear therefore or shall otherwise come to the attention of the Liquor
Authority that there is probable cause to believe that a licensee has violated any
such law, rule or regulation, the Liquor 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.
C. If licensee denies the allegations of the complaint, a hearing shall be held at a
place and time designated by the Liquor 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.
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D. The 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 Liquor Authority is authorized to
conduct.
E. 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.
F. If the Liquor 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 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.
G. 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.
H. Notice of suspension or revocation shall be mailed to licensee at the address
contained in such license or permit.
I. Every licensee whose license has been suspended by any Liquor 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.
2. SENTENCING GUIDELINES
A. In addition to any other penalties prescribed by Articles 46 and 47 of Title 12,
Colorado Revised Statutes, the Liquor 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
18
terms, conditions or provisions of the license or permit issued by the Authority, or
a previous order of the Authority.
B. 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 Authority, the 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.
C. In determining the appropriate sentence or sanction to be imposed for a violation
the 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:
i. Seriousness of the violation(s)
ii. Prior violations and offenses at the licensed premises
iii. Whether violation constitutes a repeated course of conduct or was
an isolated event
iv. Corrective actions taken (if any)
v. Likelihood of recurrence
v. Willfulness of the violation(s)
vi. Length of time the license has been held by this licensee
vii. Previous sanctions imposed against the licensee
viii. Completeness and adequacy of Alcohol Management Plan, and
Server Training Information provided by Licensee to the Eagle
County Clerk and Recorder's Office.
ix. Whether the Licensee may be considered a responsible vendor
pursuant to C.R.S. § 12-47-1002.
ix. Any other factors making the situation with respect to licensee or
premises unique.
D. 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.
E. At its sole discretion, the Liquor Authority may hold a number of suspension days
in abeyance, pending no violations of the Liquor 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.
3. PAYMENT OF FINE IN LIEU OF SUSPENSION
A. Whenever a decision of the Board suspending a liquor license for fourteen (14)
days or less becomes final, whether by failure of the license holder to appeal the
19
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, Eagle County 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:
I) 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;
II) 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
III) 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.
B. 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 Liquor 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).
C. 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;
D. Upon payment of the fine pursuant to this section, the Liquor 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;
E. In connection with a petition pursuant to this section, the Liquor 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.
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F. If the Liquor Authority does not make the findings required in paragraph A 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 Liquor Authority.
G. At the discretion of the Liquor 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.
H. The determination of the Liquor 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
Liquor Authority's discretion.
Dated:l~U '~, `~ , ZD D v
EAGLE COUNTY, STATE OF COLORADO
BY AND THROUGH O F
COUNTY MI
By: . J _ ~~~''
aF Enc~ Peter Runyon, Chairman
r ~~
it
'y
erk of the and of Coun '~
°o
Commissioners <oq~
~ 4'• t~rt~N v i ~
21
EXHIBIT "B"
EAGLE COUNTY
LIQUOR LICENSING FEES (effective 7/2/2008)
APPLICATION TYPE STATE FEES COUNTY FEES
'tie« C icense ,~ppllcatior 1,025.00 ~~s).~}~1
;ties{ t.1cLJ~sc Concun•cnt RcF°;eti~ 1,125.00 ~:+{}.C;U
l~ra~~si er o;' {}t~ nersl~ip 1,025.00 7 5{).0{)
lr•ttns~er t~f`O~~nership C;oncurreaJt kes-~ei~ 1,125.00 ~~{1.t~0
art ~~a(let•~- PcJ•n~its ti'o Pc:~ ] OO.C>C7 tt;pphcation)
LICENSE TYPE (YEARLY FEE)
3.2% Beer License (on and/or off premises) 117.50 7.50
:'l~ ~ C;allen• E'ennst ? i .2') 3.?5
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
Optional Premises (stand alone) 500.00 75.00
Race Track License 500.00 75.00
Resort Complex Facility Permit 500.00 75.00
Retail Gaming License 500.00 75.00
Retail Liquor Store 312.50 37.50
Tavern License 500.00 75.00
RENEWAL FEES
:~1"snL1;3i 1`iCl?~:t~f~! C71~1.7ClkitJTl,lCenSt 0 ({i{l,{}(}
Late Renewal Application 0 500.00
OTHER FEE5
Addition of permits to Resort Complex 75.00 (each) 100.00
Bed & Breakfast 50.00 25.00
Branch Warehouse/Storage 100.00 0
t`17ar~s~~: itJ i.c~cat~cm 150.00 ~_~{}.(tr)
Change in Trade name 50.00 0
Corporate/LLC Change 100.00 100.00
(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
Manager's Registration (H&R and Tavern only) 75.00 75.00
Mini Bar Permit 0 325.00
Modification of Premises 150.00 50.00
Out of State Shipping Permit 50.00 0
Renewal of Optional Premises (per Opt. Prem.) 100.00 0
Retail Warehouse Storage Permit 100.00 0
Special Events Permit 25.00 (per day) 100.00 (per application)
Special Events 3.2% Beer only 10.00 (per day) 100.00 (per application)
Tasting Permit (Retail Liquor Stores only) 0 25.00
Temporary Permit (Transfer of Ownership only) 0 100.00
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FINGERPRINT AND BACKGROUND CHECKS FOR
NEW APPLICATIONS, TRANSFERS OF OWNERSHIP, OR MANAGER'S REGISTRATIONS
Payable to "Colorado Bureau of Investigation" 38.50 (per card)
(Business, Cashier's, or Certified Checks Only)
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