Colorado § 44-3-428 - Entertainment facility license.

§ 44-3-428. Entertainment facility license.

(1) An entertainment facility license may be issued to an entertainment facility selling alcohol beverages by the drink only to customers for consumption on the premises. An entertainment facility licensee shall have sandwiches and light snacks available for consumption on the licensed premises during business hours but need not have meals available for consumption.

(2) (a) An entertainment facility licensed to sell alcohol beverages as provided in this section shall purchase alcohol beverages only from a wholesaler licensed pursuant to this article 3; except that, during a calendar year, an entertainment facility licensed to sell alcohol beverages as provided in this section may purchase not more than seven thousand dollars' worth of malt, vinous, and spirituous liquors from retailers licensed pursuant to sections 44-3-409, 44-3-410, and 44-4-104 (1)(c). On January 1, 2025, and each January 1 thereafter, the state licensing authority shall adjust the purchase limitation specified in this subsection (2)(a) for inflation and shall publish the adjusted purchase limitation amount on the liquor enforcement division's website.

(b) An entertainment facility licensee shall retain evidence of each purchase of malt, vinous, or spirituous liquors from a retailer licensed pursuant to section 44-3-409, 44-3-410, or 44-4-104 (1)(c), in the form of a purchase receipt showing the name of the licensed retailer, the date of purchase, a description of the alcohol beverages purchased, and the price paid for the alcohol beverages. The entertainment facility licensee shall retain the receipt and make it available to the state and local licensing authorities at all times during business hours.

(3) (a) Except as provided in subsection (3)(b) of this section, it is unlawful for any owner, part owner, shareholder, or person interested directly or indirectly in entertainment facility licenses to conduct, own either in whole or in part, or be directly or indirectly interested in any other business licensed pursuant to this article 3 or article 4 of this title 44.

(b) An owner, part owner, shareholder, or person interested directly or indirectly in an entertainment facility license may have an interest in:

(I) A license described in section 44-3-401 (1)(j) to (1)(t), (1)(v), or (1)(w), 44-3-412 (1), or 44-4-104 (1)(c); or

(II) A financial institution referred to in section 44-3-308 (4).

(4) (a) (Deleted by amendment, L. 2022.)

(b) The manager for each licensed entertainment facility, the entertainment facility licensee, or an employee or agent of the entertainment facility licensee shall purchase alcohol beverages for one licensed premises only, and the purchases shall be separate and distinct from purchases for any other licensed entertainment facility.

(c) to (e) (Deleted by amendment, L. 2022.)

(5) to (7) Repealed.

Source: L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1031, § 2, effective October 1. L. 2019: (2) amended, (SB 19-011), ch. 1, p. 14, § 22, effective January 31. L. 2022: (4) amended, (HB 22-1415), ch. 426, p. 3019, § 4, effective June 7. L. 2024: (1), (2), (3)(a), IP(3)(b), and (4)(b) amended, (5) repealed, and (6) and (7) added, (SB 24-231), ch. 205, p. 1261, § 27, effective August 7.

Editor's note: (1) This section is similar to former § 12-47-426 as it existed prior to 2018.

(2) Subsections (6)(e) and (7)(d) provided for the repeal of subsections (6) and (7), respectively, effective September 1, 2026. (See L. 2024, p. 1261.)