Colorado § 44-3-309 - Local licensing authority - applications - optional premises licenses.

§ 44-3-309. Local licensing authority - applications - optional premises licenses.

(1) A local licensing authority may issue only the following alcohol beverage licenses upon payment of the fee specified in section 44-3-505:

(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;

(g) Club license;

(h) Arts license;

(i) Racetrack license;

(j) Optional premises license;

(k) Retail gaming tavern license;

(l) Vintner's restaurant license;

(m) Distillery pub license;

(n) Entertainment facility license;

(o) Lodging facility license.

(2) An application for any license specified in subsection (1) of this section or section 44-4-107 shall be filed with the appropriate local licensing authority on forms provided by the state licensing authority and containing such information as the state licensing authority may require. Each application shall be verified by the oath or affirmation of such persons as prescribed by the state licensing authority.

(3) The applicant shall file at the time of application plans and specifications for the interior of the building if the building to be occupied is in existence at the time. If the building is not in existence, the applicant shall file a plot plan and a detailed sketch for the interior and submit an architect's drawing of the building to be constructed. In its discretion, the local licensing authority may impose additional requirements necessary for the approval of the application.

Source: L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 983, § 2, effective October 1. L. 2024: (1)(n) amended and (1)(o) added, (SB 24-231), ch. 205, p. 1253, § 6, effective August 7.

Editor's note: This section is similar to former § 12-47-309 as it existed prior to 2018.

ANNOTATION

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

Before there can be any issuance of a liquor license or a transfer thereof at the local level, the state authority must approve the action of the local authority. Moschetti v. Liquor Licensing Auth., 176 Colo. 281, 490 P.2d 299 (1971).

Oath requirement is mandatory. Spero v. Bd. of Trustees, 35 Colo. App. 64, 529 P.2d 327 (1974).

The requirement that the contents of a liquor license application be verified is mandatory. Mr. Lucky's, Inc. v. City of Glendale, 42 Colo. App. 322, 596 P.2d 1218 (1979).

Private parties may not waive requirements. Because the requirement of a verified application is mandatory and because statutes dealing with the liquor industry are founded on public policy, and constitute an exercise of the police powers of the state, private parties may not waive the requirements of this statute. Spero v. Bd. of Trustees, 35 Colo. App. 64, 529 P.2d 327 (1974).

Failure to verify properly application prior to expiration date for filing renewal application is not fatal, because a hearing on the application may be held after the filing period has expired. Mr. Lucky's, Inc. v. City of Glendale, 42 Colo. App. 322, 596 P.2d 1218 (1979).

Amendment made on license application and sworn to anew. Where an applicant desires to amend his application required for a liquor license either by changing an answer previously given or by furnishing answers to questions not previously answered, the amendment must be made on the application itself and sworn to anew. Spero v. Bd. of Trustees, 35 Colo. App. 64, 529 P.2d 327 (1974).

Liquor license application may be amended prior to or at hearing to review application in order to correct or add information thereto. A proper verification for the application can be supplied prior to or at the hearing on the application. Mr. Lucky's, Inc. v. City of Glendale, 42 Colo. App. 322, 596 P.2d 1218 (1979).

Term "plans and specifications" in subsection (4) has a special meaning and includes not only the dimensions and mode of construction, but a description of the material, its kind, length, breadth, and thickness, and the manner of joining the separate parts. It is a particular and detailed account; the accurate description of the materials to be used and work to be performed in the construction of a building; a written instrument containing a good minute description, account, or enumeration of particulars. Spero v. Bd. of Trustees, 35 Colo. App. 64, 529 P.2d 327 (1974).

Failure to file specifications more than formal defect. The failure of liquor license applicant to have detailed specifications of the interior as required under subsection (4) is more than a formal defect. Spero v. Bd. of Trustees, 35 Colo. App. 64, 529 P.2d 327 (1974).

Failure to file building plans at the time of the application is not fatal. Goehring v. Bd. of County Comm'rs, 172 Colo. 1, 469 P.2d 137 (1970).

There is no statutory prohibition against amending an application or supplying a deficiency prior to the consideration of the application, or at the hearing. Goehring v. Bd. of County Comm'rs, 172 Colo. 1, 469 P.2d 137 (1970).

May file specifications up to and including hearing. An applicant for a liquor license can file the plans and specifications and architect's drawings required under subsection (4) at any time up to and including the hearing. Spero v. Bd. of Trustees, 35 Colo. App. 64, 529 P.2d 327 (1974).

Applied in City of Aurora v. Morris, 160 Colo. 289, 417 P.2d 7 (1966).