Chapter 5.10 LIQUOR LICENSES

Chapter 5.10
LIQUOR LICENSES Revised 9/22

Sections:

5.10.010 Liquor licensing is governed by the state of Colorado statutes, rules and regulations.

5.10.020 Licensing authority. Revised 9/22

5.10.030 Delegation of licensing functions to town clerk. Revised 9/22

5.10.040 Application requirements. Revised 9/22

5.10.050 Neighborhood considerations.

5.10.060 Other applicable requirements.

5.10.070 Special event permits.

5.10.080 Festival permit. Revised 9/22

5.10.010 Liquor licensing is governed by the state of Colorado statutes, rules and regulations.

(a) The distance limitation of 500 feet set forth in Section 44-3-313(1)(d)(I), C.R.S., is hereby reduced to 250 feet from a closed campus elementary school where the application involved is for a beer and wine license only. For new beer and wine license applications involving premises that are more than 250 feet but less than 500 feet from a closed-campus elementary school, the board of trustees may, but is not obligated to, approve such application provided the board receives input from the school district and terms and conditions are placed on the license to protect the health, safety and welfare of students attending such school.

(b) Except as specifically modified by this section, all other provisions of the Colorado Liquor Code and this code, including but not limited to the provisions relating to violations, enforcement, and suspension or revocation of licenses, shall continue to apply. [Amended during 2011 recodification; Ord. 568 § 1, 2002. Code 1999 § 9-3-1].

5.10.020 Licensing authority. Revised 9/22

(a) The liquor and beer licensing authority for the town of Granby shall be the town board of trustees (“town board”). As such, the town board shall be known as the “local licensing authority” or, in this chapter, as the “authority.”

(b) The town clerk shall assist the authority by receiving all applications; coordinating with other town officers and departments when relevant; scheduling required public hearings; and exercising his or her discretion in forwarding applications for special event permits that are not to be held on town property, renewals, change of manager of a license, temporary permits, and modifications of premises to the authority.

(c) The town clerk shall forward to the authority the following applications: special event permits that are to be held on town property, festival permits, new licenses, and transfer of ownership licenses. [Ord. 964 § 1, 2022; Ord. 801 § 1, 2013; Ord. 746, 2010. Code 1999 § 9-5-1].

5.10.030 Delegation of licensing functions to town clerk. Revised 9/22

The town clerk is authorized to act as and for the authority for the following Colorado Liquor Code and Colorado Beer Code licensing functions:

(a) Issuance or denial of annual Colorado Liquor Code and Colorado Beer Code license renewals; provided, that the licensee has not violated any provisions of the Colorado Liquor or Beer Codes and associated regulations during the preceding year; and provided, that any investigation conducted by the town does not reveal information that may reasonably form the basis of a determination that the renewal should be forwarded to the local liquor licensing authority for their determination.

(b) Approval or denial of changes in shareholders, officers, directors or trade names of a licensee; provided, that any investigation conducted by the town does not reveal information that may reasonably form the basis of a determination that the applicant is not qualified to hold the respective license.

(c) Approval or denial of changes in registered manager of a licensee; provided, that any investigation conducted by the town does not reveal information that may reasonably form the basis of a determination that the proposed manager is not qualified to hold the position.

(d) The issuance or denial of temporary permits pursuant to and in compliance with the provisions of Section 44-3-303, C.R.S.

(e) Approval or denial of modification or alteration of licensed premises, provided the modification or alteration is of the interior only and does not involve an increase of more than 15 percent of the usable area.

(f) Issuance or denial of permits for the takeout and delivery of alcohol beverages pursuant to and in compliance with the provisions of Section 44-2-911, C.R.S.

(g) The town clerk shall regularly report to the authority in a timely manner all licensing actions taken by the town clerk under the provisions of this section.

(h) The town clerk may refer any licensing decision authorized under this section to the local licensing authority if, in the clerk’s discretion, the matter should be presented to the full local licensing authority. New licenses will always be forwarded to the local licensing authority.

(i) The town clerk may designate temporary authority for the above to a deputy clerk if needed. [Ord. 964 § 2, 2022; Ord. 746, 2010. Code 1999 § 9-5-2].

5.10.040 Application requirements. Revised 9/22

(a) All applications for licensing actions shall be filed with the town clerk on prescribed forms, together with applicable fees.

(b) The town clerk may prescribe the form and other requirements for any petitions submitted in favor of or opposed to any proposed licensing action. The town clerk or the authority may reject any petitions that fail to meet such requirements.

(d) The fees payable for each type of application shall be as established by the Colorado Revised Statutes and the fees schedule adopted by the Colorado Department of Revenue Liquor Enforcement Division as amended from time to time. Where a maximum fee is referenced in either statute or regulation, the board of trustees adopts such maximum, unless the board of trustees determines by resolution that the maximum fees set by statute or regulation are in excess of the actual and necessary expenses incurred by the town. The town clerk shall notify the board of trustees if, in the clerk’s reasonable evaluation, the fees are in excess of the actual and necessary expenses incurred by the town. Where no fees are established by the Colorado Revised Statutes or the fees schedule adopted by the Colorado Department of Labor Enforcement Division, the board of trustees may adopt fees by resolution. If any state adopted fees conflict with the board of trustees adopted fees, the board of trustees adopted fees shall apply. [Ord. 964 § 3, 2022; Ord. 870 § 1, 2017; Ord. 746, 2010. Code 1999 § 9-5-3].

5.10.050 Neighborhood considerations.

(a) For applications that involve a determination of the reasonable requirements of the neighborhood and the desires of the adult inhabitants, the boundaries of the relevant neighborhood shall be established as the same boundaries of the town of Granby zoning map.

(b) See GMC 5.10.010 for distance requirements for beer and wine license applications. All other distance requirements follow Section 44-3-313(1)(d)(I), C.R.S. [Ord. 746, 2010. Code 1999 § 9-5-4].

5.10.060 Other applicable requirements.

Except as otherwise provided in this chapter, the requirements and procedures provided in the Colorado Liquor Code and Colorado Beer Code shall apply to applications, proceedings and licensing actions under the jurisdiction of the authority. [Ord. 746, 2010. Code 1999 § 9-5-5].

5.10.070 Special event permits.

(a) Pursuant to C.R.S. 44-5-107(5)(a), the town board of the town of Granby, acting as the local liquor licensing authority, elects not to notify the state licensing authority to obtain the state licensing authority’s approval or disapproval of applications for special event permits.

(b) The provisions of this section notwithstanding, the town clerk shall report to the Colorado Liquor Enforcement Division, within 10 days after the town issues any special event permit, the name of the organization to which the permit was issued, the address of the permitted location, and the permitted dates of alcohol beverage service.

(c) Upon receipt of an application for a special event permit, the town clerk shall, as required by C.R.S. 44-5-107(5)(c), access information made available on the website of the state licensing authority to determine the statewide permitting activity of the organization applying for the permit. The town shall consider compliance with the provisions of C.R.S. 44-5-105(3), limiting to 15 the number of special event permits issued in any one year to any one organization, before any application is approved.

(d) Each application for a special event permit shall be accompanied by an application fee in an amount equal to the maximum local licensing fee established by C.R.S. 44-5-107(2). [Ord. 774, 2011].

5.10.080 Festival permit. Revised 9/22

A festival permit may be issued to the licensees identified in Section 44-3-404, C.R.S. A separate local festival permit is required for each festival. No more than nine permits may be issued to a single licensee during a 12-month period. A festival permit may be conditioned on the imposition of reasonable conditions such as time, place and manner of sales or distribution of alcohol in order to promote and preserve the health, safety and welfare of the public. [Ord. 964 § 4, 2022].