Colorado § 44-3-105 - Local option.
Full text of Colorado Colorado Revised Statutes § 44-3-105 — Local option., with citation guidance and answers to common questions.
§ 44-3-105. Local option.
The operation of this article 3 shall be statewide unless any municipality or city and county, by a majority of the registered electors of any municipality or city and county, voting at any regular election or special election called for that purpose in accordance with the election laws of this state, decides against the right to sell alcohol beverages or to limit the sale of alcohol beverages to any one or more of the classes of licenses as provided by this article 3 within their respective limits. The local option question shall be submitted only upon a petition signed by not less than fifteen percent of the registered electors in the municipality or city and county; otherwise, the procedure with reference to the calling and holding of the elections shall be substantially in accordance with the election laws of the state. The expenses of the election shall be borne by the municipality or city and county in which the elections are held. The question of prohibition of sale of alcohol beverages or the limitation of sales to any one or more of the classes of licenses provided in this article 3 shall not be submitted to the registered electors more than once in any four-year period.
Source: L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 959, § 2, effective October 1.
Editor's note: This section is similar to former § 12-47-105 as it existed prior to 2018.
ANNOTATION
Annotator's note. The following annotations include cases decided under former provisions similar to this section.
Exclusive method. It is not the law that a majority of the people of a locality must favor the issuance of a liquor license before it may be granted; and this section provides the only method by which the electorate may decide for or against the right to sell intoxicating liquors. KBT Corp. v. Walker, 148 Colo. 274, 365 P.2d 685 (1961); Farmer v. City Council, 153 Colo. 306, 385 P.2d 596 (1963).
Under the local option provisions of the liquor code cities may be "dry" in counties that are otherwise "wet". Cloverleaf Kennel Club v. Bd. of County Comm'rs, 136 Colo. 441, 319 P.2d 487 (1957).
There is no such thing under the law as county-wide local option. Ladd v. Bd. of County Comm'rs, 146 Colo. 366, 361 P.2d 627 (1961).
Frequently Asked Questions About Colorado § 44-3-105
What does Colorado Revised Statutes § 44-3-105 cover?
Section 44-3-105 ("Local option.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 44-3-105?
A common citation format is "Colorado Revised Statutes § 44-3-105" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 44-3-105 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.