Colorado § 44-3-307 - Persons prohibited as licensees - definition.

§ 44-3-307. Persons prohibited as licensees - definition.

(1) (a) No license provided by this article 3 or article 4 or 5 of this title 44 shall be issued to or held by:

(I) Any person until the annual fee therefor has been paid;

(II) Any person who is not of good moral character;

(III) Any corporation, any of whose officers, directors, or stockholders holding ten percent or more of the outstanding and issued capital stock thereof are not of good moral character;

(IV) Any partnership, association, or company, any of whose officers, or any of whose members holding ten percent or more interest therein, are not of good moral character;

(V) Any person employing, assisted by, or financed in whole or in part by any other person who is not of good character and reputation satisfactory to the respective licensing authorities;

(VI) Any person unless the person's character, record, and reputation are satisfactory to the respective licensing authority;

(VII) Any natural person under twenty-one years of age.

(b) (I) In making a determination as to character or when considering the conviction of a crime, a licensing authority shall be governed by the provisions of section 24-5-101.

(II) With respect to arts or club license applications, an investigation of the character of the president or chair of the board and the operational manager shall be deemed sufficient to determine whether to issue the arts or club license to the applicant.

(2) (a) No license provided by this article 3 shall be issued to or held by a peace officer described in section 16-2.5-121, 16-2.5-122, 16-2.5-123, 16-2.5-125, 16-2.5-126, 16-2.5-128, or 16-2.5-129, or the state licensing authority or any of its inspectors or employees.

(b) A peace officer described in section 16-2.5-103, 16-2.5-105, 16-2.5-108, 16-2.5-132, or 16-2.5-149 may not obtain or hold a license under this article 3 to operate a licensed premises that is located within the same jurisdiction that employs the peace officer.

(3) (a) In investigating the qualifications of the applicant or a licensee, the local licensing authority may have access to criminal history record information furnished by a criminal justice agency, subject to any restrictions imposed by such agency. In the event the local licensing authority takes into consideration information concerning the applicant's criminal history record, the local licensing authority shall also consider any information provided by the applicant regarding such criminal history record, including but not limited to evidence of rehabilitation, character references, and educational achievements, especially those items pertaining to the period of time between the applicant's last criminal conviction and the consideration of the application for a license.

(b) As used in subsection (3)(a) of this section, "criminal justice agency" means any federal, state, or municipal court or any governmental agency or subunit of such agency that performs the administration of criminal justice pursuant to a statute or executive order and that allocates a substantial part of its annual budget to the administration of criminal justice.

(c) At the time of the application for a license, the applicant shall submit fingerprints and file personal history information concerning the applicant's qualifications for a license on forms prepared by the state licensing authority. The state and local licensing authorities shall submit the fingerprints to the Colorado bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The Colorado bureau of investigation shall forward the fingerprints to the federal bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. When the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this section reveal a record of arrest without a disposition, the licensing authority shall require the applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d). The licensing authorities shall use the information resulting from the fingerprint-based criminal history record check and, if applicable, name-based judicial record check to investigate and to determine if an applicant is qualified for a license pursuant to this article 3 and article 4 of this title 44. The licensing authority may verify any of the information required to be submitted by an applicant pursuant to this section. An applicant shall not be required to submit additional information beyond that required in this subsection (3) unless the licensing authority has determined any of the following:

(I) The applicant has misrepresented a material fact;

(II) The applicant has an established criminal history record;

(III) A prior criminal or administrative proceeding determined that the applicant violated alcohol beverage laws;

(IV) The information submitted by an applicant is incomplete; or

(V) The character, record, or reputation of the applicant, his or her agent, or his or her principal is such that a potential violation of this article 3 or article 4 of this title 44 may occur if a license is issued to the applicant.

Source: L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 978, § 2, effective October 1. L. 2019: IP(3)(c) amended, (HB 19-1166), ch. 125, p. 559, § 52, effective April 18. L. 2022: IP(3)(c) amended, (HB 22-1270), ch. 114, p. 534, § 56, effective April 21.

Editor's note: This section is similar to former § 12-47-307 as it existed prior to 2018.

ANNOTATION

Law reviews. For article, "Moral Character of the Liquor Licensee or Applicant", see 25 Colo. Law. 79 (Feb. 1996).

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Only offenses involving "moral turpitude" basis for denial. This section as "governed" and modified by § 24-5-101 requires that only those offenses involving "moral turpitude" can serve as justification for denial of a liquor license. Hartman v. Wadlow, 37 Colo. App. 90, 545 P.2d 735 (1975), aff'd, 191 Colo. 196, 551 P.2d 201 (1976).

Negative response to question regarding suspension or revocation of liquor license was a misrepresentation of a material fact with respect to prior cancelled license and, therefore, could constitute grounds for license revocation. Fueston v. City of Colo. Springs, 713 P.2d 1323 (Colo. App. 1985).

Not driving while ability impaired. While "driving a motor vehicle while ability is impaired" is a serious offense, nevertheless it does not rise to the magnitude of being one involving moral turpitude. Hartman v. Wadlow, 37 Colo. App. 90, 545 P.2d 735 (1975), aff'd, 191 Colo. 196, 551 P.2d 201 (1976).

Effect of nolo contendere plea. The state licensing authority cannot utilize the plea of nolo contendere at a hearing called by him as evidence of a conviction of a violation of the liquor law. Bruce v. Leo, 129 Colo. 129, 267 P.2d 1014 (1954).

This section prohibits the sale of intoxicating liquor by the drink within 500 feet of a public or parochial school. Geer v. Rabinoff, 138 Colo. 8, 328 P.2d 375 (1958); Harvey v. Schooley, 152 Colo. 384, 382 P.2d 189 (1963).

The general assembly has enacted no such restriction on the sale of liquors in sealed containers not to be consumed at the place where sold. Geer v. Rabinoff, 138 Colo. 8, 328 P.2d 375 (1958).

An area covered by a parking lot adjacent to restaurant is not to be considered in computing distance from a school. Harvey v. Schooley, 152 Colo. 384, 382 P.2d 189 (1963).

No liquor can be sold on a parking lot. Harvey v. Schooley, 152 Colo. 384, 382 P.2d 189 (1963).

"Record" defined. Although the word "record", referred to in paragraph (1)(a)(VIII), may be somewhat broad, its context certainly includes violations of statutory law of the state. Mr. Lucky's, Inc. v. Dolan, 197 Colo. 195, 591 P.2d 1021 (1979).

Judicial review of licensing board. A liquor licensing board which revokes or suspends a license under this section is subject to judicial review for abuse of discretion. Mr. Lucky's, Inc. v. Dolan, 197 Colo. 195, 591 P.2d 1021 (1979).

Applied in Van DeVegt v. Bd. of County Comm'rs, 98 Colo. 161, 55 P.2d 703 (1936).