Colorado § 44-3-311 - Public notice - posting and publication - definition.

§ 44-3-311. Public notice - posting and publication - definition.

(1) Upon receipt of an application, except an application for renewal or for transfer of ownership, a local licensing authority may schedule a public hearing upon the application not less than thirty days after the date of the application and shall post and publish the public notice of the hearing not less than ten days prior to the hearing. If a public hearing is scheduled, the local licensing authority shall give public notice by posting a sign in a conspicuous place on the premises for which application has been made and by publication in a newspaper of general circulation in the county in which the premises are located.

(2) Notice given by posting shall include a sign of suitable material, not less than twenty-two inches wide and twenty-six inches high, composed of letters not less than one inch in height and stating the type of license applied for, the date of the application, the date of the hearing, and the name and address of the applicant, and such other information as may be required to fully apprise the public of the nature of the application. If the applicant is a partnership, the sign shall contain the names and addresses of all partners, and if the applicant is a corporation, association, or other organization, the sign shall contain the names and addresses of the president, vice president, secretary, and manager or other managing officers.

(3) Notice given by publication shall contain the same information as that required for signs.

(4) If the building in which the alcohol beverage is to be sold is in existence at the time of the application, any sign posted as required in subsections (1) and (2) of this section shall be placed so as to be conspicuous and plainly visible to the general public. If the building is not constructed at the time of the application, the applicant shall post the premises upon which the building is to be constructed in such a manner that the notice shall be conspicuous and plainly visible to the general public.

(5) (a) At the public hearing held pursuant to this section, any party in interest shall be allowed to present evidence and to cross-examine witnesses.

(b) As used in this subsection (5), "party in interest" means any of the following:

(I) The applicant;

(II) An adult resident of the neighborhood under consideration;

(III) The owner or manager of a business located in the neighborhood under consideration;

(IV) The principal or representative of any school located within five hundred feet of the premises for which the issuance of a license pursuant to section 44-3-309 (1) is under consideration.

(c) The local licensing authority, in its discretion, may limit the presentation of evidence and cross-examination so as to prevent repetitive and cumulative evidence or examination.

(d) Nothing in this subsection (5) shall be construed to prevent a representative of an organized neighborhood group that encompasses part or all of the neighborhood under consideration from presenting evidence subject to this section. The representative shall reside within the neighborhood group's geographic boundaries and shall be a member of the neighborhood group. The representative shall not be entitled to cross-examine witnesses or seek judicial review of the licensing authority's decision.

Source: L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 985, § 2, effective October 1. L. 2024: (1) amended, (SB 24-231), ch. 205, p. 1253, § 7, effective August 7.

Editor's note: This section is similar to former § 12-47-311 as it existed prior to 2018.

ANNOTATION

Law reviews. For article, "A Primer on Liquor License Application Hearings in Colorado", see 31 Colo. Law. 11 (Sept. 2002).

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

An owner of a business located within the neighborhood is a party in interest to the extent that he may present evidence at the hearing before the licensing authority. Kornfeld v. Yost, 37 Colo. App. 483, 551 P.2d 219 (1976), rev'd on other grounds sub nom. Kornfeld v. Perl Mack Liquors, Inc., 193 Colo. 442, 567 P.2d 383 (1977).

A competitor has standing to challenge granting of a liquor license and to appeal any adverse judgment if the competitor is also a resident of the affected neighborhood. Brass Monkey v. Louisville City Council, 870 P.2d 636 (Colo. App. 1994).

The term "party in interest" grants only the limited right to participate in the evidentiary hearing and not the right to participate as a party in judicial proceedings to review the action of the licensing authority. Kornfeld v. Perl Mack Liquors, Inc., 193, Colo. 442, 567 P.2d 383 (1977).

No-cross-examination order exceeded council authority. While the licensing authority may limit the presentation of evidence and cross-examination so as to prevent repetitive or cumulative evidence or cross-examination, the council exceeded its authority by arbitrarily ordering that no cross-examination of witnesses would be allowed at this public hearing. Mobell v. Meyer, 172 Colo. 12, 469 P.2d 414 (1970).