Colorado § 44-30-514 - License - grounds for approval or denial.

§ 44-30-514. License - grounds for approval or denial.

The commission may approve or deny any application for a license, in addition to all other conditions and requirements set forth in this article 30 and the rules promulgated pursuant thereto, on the basis of whether it deems the applicant a suitable person to hold the license applied for and whether it considers the proposed location, retail floor plan, or any other conditions suitable. Refusal of an applicant to provide all information requested by the commission or to allow investigation into the applicant's background is grounds for denial of a license. Information requested from the applicant by the commission shall include the applicant's date of birth in addition to other information necessary to identify and investigate fully the record and relevant history of the applicant.

Source: L. 2018: Entire article added with relocations, (SB 18-034), ch. 14, p. 190, § 2, effective October 1.

Editor's note: This section is similar to former § 12-47.1-515 as it existed prior to 2018.

ANNOTATION

Annotator's note. Since § 44-30-514 is similar to § 12-47.1-515 as it existed prior to its 2018 relocation to this section, a relevant case construing that provision has been included in the annotations to this section.

Commission has statutory authority to consider any criminal history of an applicant that could be inimical to the purposes of the Gaming Act, including an examination of a criminal record of seven arrests, conviction of three misdemeanors, and deferred sentences on two other misdemeanors. Moya v. Colo. Gaming Comm'n, 870 P.2d 620 (Colo. App. 1994).

Commission acted within its discretion and properly determined the applicant's unsuitability due to evidence presented of the applicant's propensity to steal based on applicant's several theft convictions. Moya v. Colo. Gaming Comm'n, 870 P.2d 620 (Colo. App. 1994).

Commission's order adequately specified both the statutory authority and the facts it relied on when making its decision to deny applicant a license, as the order stated that applicant had failed to meet the burden to prove applicant's qualification to hold a license and that applicant was not a suitable person to hold a license and as the Commission determined that applicant's criminal history established a pattern of disregard for lawful conduct. Moya v. Colo. Gaming Comm'n, 870 P.2d 620 (Colo. App. 1994).