Colorado § 44-3-401 - Classes of licenses and permits - rules.

§ 44-3-401. Classes of licenses and permits - rules.

(1) For the purpose of regulating the manufacture, sale, and distribution of alcohol beverages, the state licensing authority in its discretion, upon application in the prescribed form made to it, may issue and grant to the applicant a license or permit from any of the following classes, subject to the provisions and restrictions provided by this article 3:

(a) Manufacturer's license;

(b) Limited winery license;

(c) Nonresident manufacturer's license;

(d) Importer's license;

(e) Malt liquor importer's license;

(f) Wholesaler's liquor license;

(g) Wholesaler's beer license;

(h) Retail liquor store license;

(i) Liquor-licensed drugstore license;

(j) Beer and wine license;

(k) Hotel and restaurant license;

(l) Tavern license;

(m) Brew pub license;

(n) Club license;

(o) Arts license;

(p) Racetrack license;

(q) Public transportation system license;

(r) Optional premises license;

(s) Retail gaming tavern license;

(t) Vintner's restaurant license;

(u) Wine packaging permit;

(v) Distillery pub license;

(w) Entertainment facility license;

(x) Manager's permit;

(y) Lodging facility license;

(z) Catering license.

(2) If the federal alcohol and tobacco tax and trade bureau approves the purchase, sale, possession, or manufacturing of powdered alcohol in the United States, the state licensing authority shall adopt rules establishing a mechanism for regulating the manufacture, purchase, sale, possession, and use of powdered alcohol.

Source: L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 988, § 2, effective October 1. L. 2024: (1)(w) amended and (1)(y) and (1)(z) added, (SB 24-231), ch. 205, p. 1254, § 8, effective August 7.

Editor's note: This section is similar to former § 12-47-401 as it existed prior to 2018.

ANNOTATION

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

Separate classification for "hotel and restaurant" and "beer and wine" licenses. A license permitting hotels and restaurants to sell spirituous liquors in addition to beer and wine to their patrons is an entirely separate class of permit from a "beer and wine" license. Huerta v. Canjar, 37 Colo. App. 462, 550 P.2d 897 (1976), rev'd on other grounds, 193 Colo. 388, 566 P.2d 1071 (1977).

The need for separate classification is obvious in that an exclusively beer and wine license in a restaurant situation will serve a different clientele than that of a license which also provides for the service of spirituous liquors. Huerta v. Canjar, 37 Colo. App. 462, 550 P.2d 897 (1976), rev'd on other grounds, 193 Colo. 388, 566 P.2d 1071 (1977).

Provision for the separate classifications of hotel and restaurant license and beer and wine license was not an arbitrary or unreasonable act on the part of the general assembly. Huerta v. Canjar, 37 Colo. App. 462, 550 P.2d 897 (1976), rev'd on other grounds, 193 Colo. 388, 566 P.2d 1071 (1977).

The fact that a particular type of license is not authorized in the neighborhood does not require the issuance of such a license, if, in fact, the needs of the neighborhood, with respect to the type of beverage authorized to be sold by the license requested, are being met by existing licenses. Huerta v. Canjar, 193 Colo. 388, 566 P.2d 1071 (1977).

Ordinance taxing different classes of liquor licenses imposed under city's taxing power. City ordinance, which levied varying occupation taxes upon holders of different classes of liquor licenses, but which taxed all licensees holding the same type of license the identical amount each year, was a revenue-raising measure imposed under the city's taxing power, and not a regulatory measure imposed under the state's police power. Springston v. City of Fort Collins, 184 Colo. 126, 518 P.2d 939 (1974).

Not discriminatory. City ordinance, which levied varying occupational taxes upon holders of different classes of liquor licenses, but which taxed all licensees holding the same type of license the identical amount each year, was not discriminatory. Springston v. City of Fort Collins, 184 Colo. 126, 518 P.2d 939 (1974).

Applied in Dept. of Rev. v. Rosenthal, 197 Colo. 506, 594 P.2d 580 (1979).