C.R.S. Section 44-3-202
Duties of state licensing authority


(1)

The state licensing authority shall:

(a)

Grant or refuse licenses for the manufacture, distribution, and sale of alcohol beverages as provided by law and suspend or revoke such licenses upon a violation of this article 3, article 4 or 5 of this title 44, or any rule adopted pursuant to those articles;

(b)

Make general rules and special rulings and findings as necessary for the proper regulation and control of the manufacture, distribution, and sale of alcohol beverages and for the enforcement of this article 3 and articles 4 and 5 of this title 44 and alter, amend, repeal, and publish the same from time to time;

(c)

Hear and determine at public hearing all complaints against any licensee and administer oaths and issue subpoenas to require the presence of persons and production of papers, books, and records necessary to the determination of any hearing so held;

(d)

Keep complete records of all acts and transactions of the state licensing authority, which records, except confidential reports obtained from the licensee showing the sales volume or quantity of alcohol beverages sold or stamps purchased or customers served, shall be open for inspection by the public;

(e)

Prepare and transmit annually, in the form and manner prescribed by the heads of the principal departments pursuant to section 24-1-136, a report accounting to the governor for the efficient discharge of all responsibilities assigned by law or directive to the state licensing authority;

(f)

Notify all persons to whom wholesale licenses have been issued as to applications for licenses and renewals of the licenses provided in sections 44-3-409 to 44-3-420 and 44-4-104 (1).
(2)(a)(I) Rules adopted pursuant to subsection (1)(b) of this section may cover, without limitation, the following subjects:

(A)

Compliance with or enforcement or violation of any provision of this article 3, article 4 or 5 of this title 44, or any rule issued pursuant to those articles;

(B)

Specifications of duties of officers and employees;

(C)

Instructions for local licensing authorities and law enforcement officers;

(D)

All forms necessary or convenient in the administration of this article 3 and articles 4 and 5 of this title 44;

(E)

Inspections, investigations, searches, seizures, and activities as may become necessary from time to time, including a range of penalties for use by licensing authorities, which shall include aggravating and mitigating factors to be considered, when licensees’ employees violate certain provisions of this article 3 and article 4 of this title 44, including the sale or service of alcohol beverages to persons under twenty-one years of age or to visibly intoxicated persons;

(F)

Limitation of number of licensees as to any area or vicinity;

(G)

Misrepresentation, unfair practices, and unfair competition;

(H)

Control of signs and other displays on licensed premises;

(I)

Use of screens;

(J)

Identification of licensees and their employees;

(K)

Storage, warehouses, and transportation;

(L)

Health and sanitary requirements;

(M)

Standards of cleanliness, orderliness, and decency, and sampling and analysis of products;

(N)

Standards of purity and labeling;

(O)

Records to be kept by licensees and availability thereof;

(P)

Practices unduly designed to increase the consumption of alcohol beverages;

(Q)

Implementation, standardization, and enforcement of alternating proprietor licensed premises. The state licensing authority shall consult with interested parties from the alcohol beverage industry in developing appropriate rules to ensure adequate oversight and regulation of alternating proprietor licensed premises.

(R)

Such other matters as are necessary for the fair, impartial, stringent, and comprehensive administration of this article 3 and articles 4 and 5 of this title 44;

(S)

Repealed.

(T)

Sales rooms operated by licensed wineries, distilleries, limited wineries, or beer wholesalers, including the manner by which a licensee operating a sales room notifies the state licensing authority of its sales rooms, the content of the notice, and any other necessary provisions related to the notice requirement.

(II)

Nothing in this article 3 and articles 4 and 5 of this title 44 shall be construed as delegating to the state licensing authority the power to fix prices. The licensing authority shall make no rule that would abridge the right of any licensee to fairly, honestly, and lawfully advertise the place of business of or the commodities sold by such licensee. All rules shall be reasonable and just.
(b)(I)(A) The state licensing authority shall make no rule regulating or prohibiting the sale of alcohol beverages on credit offered or extended by a licensee to a retailer where the credit is offered or extended for thirty days or less. The state licensing authority shall enforce the prohibition against extending credit for more than thirty days for the sale of alcohol beverages pursuant to 27 CFR 6 and may adopt rules regulating or prohibiting the sale of alcohol beverages on credit where the credit is offered or extended for more than thirty days, consistent with the federal regulations.

(B)

Nothing in this subsection (2)(b)(I) allows the state licensing authority to adopt a rule that restricts the ability of a licensee to, or prohibits a licensee from, making sales of alcohol beverages, on a cash-on-delivery basis, to a retailer who is or may be in arrears in payments to a licensee for prior alcohol beverage sales.

(II)

Licensees shall comply with the prohibition against extending credit to a retailer for more than thirty days for the sale of alcohol beverages, including beer, contained in 27 CFR 6 and with rules adopted by the state licensing authority that are consistent with 27 CFR 6.

(III)

Notwithstanding any provision of this article 3 to the contrary, a liquor-licensed drugstore licensed under section 44-3-410 on or after January 1, 2017, shall not purchase alcohol beverages on credit or accept an offer or extension of credit from a licensee and shall effect payment upon delivery of the alcohol beverages.

(IV)

As used in this subsection (2)(b), “licensee” shall have the same meaning as “industry member”, as defined in 27 CFR 6.11, and includes a person engaged in business as a distiller, brewer, rectifier, blender, or other producer; as an importer or wholesaler of alcohol beverages; or as a bottler or warehouseman and bottler of spiritous liquors.

(3)

In any hearing held by the state licensing authority pursuant to this article 3 or article 4 or 5 of this title 44, no person may refuse, upon request of the state licensing authority, to testify or provide other information on the ground of self-incrimination; but no testimony or other information produced in the hearing or any information directly or indirectly derived from such testimony or other information may be used against such person in any criminal prosecution based on a violation of this article 3 or article 4 or 5 of this title 44 except a prosecution for perjury in the first degree committed in so testifying. Continued refusal to testify or provide other information shall constitute grounds for suspension or revocation of any license granted pursuant to this article 3 or article 4 or 5 of this title 44.

Source: Section 44-3-202 — Duties of state licensing authority, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-44.­pdf (accessed Oct. 20, 2023).

44–3–101
Short title
44–3–102
Legislative declaration
44–3–103
Definitions
44–3–104
Wine shipments - permits
44–3–105
Local option
44–3–106
Exemptions
44–3–107
Permitted acts - auctions at special events - definition
44–3–201
State licensing authority - creation
44–3–202
Duties of state licensing authority
44–3–203
Performance of duties
44–3–301
Licensing in general
44–3–302
License renewal - rules
44–3–303
Transfer of ownership and temporary permits
44–3–304
State licensing authority - application and issuance procedures - definitions - rules
44–3–305
Denial of application
44–3–306
Inactive licenses
44–3–307
Persons prohibited as licensees - definition
44–3–308
Unlawful financial assistance
44–3–309
Local licensing authority - applications - optional premises licenses
44–3–310
Optional premises license - local option
44–3–311
Public notice - posting and publication - definition
44–3–312
Results of investigation - decision of authorities
44–3–313
Restrictions for applications for new license
44–3–401
Classes of licenses and permits - rules
44–3–402
Manufacturer’s license
44–3–403
Limited winery license - rules
44–3–404
Festival permit - rules
44–3–405
Importer’s license
44–3–406
Nonresident manufacturers and importers of malt liquor
44–3–407
Wholesaler’s license - discrimination in wholesale sales prohibited
44–3–408
Termination of wholesalers - remedies - definitions
44–3–409
Retail liquor store license - rules
44–3–410
Liquor-licensed drugstore license - multiple licenses permitted - requirements - rules
44–3–411
Beer and wine license
44–3–412
Bed and breakfast permit
44–3–413
Hotel and restaurant license - definitions - rules
44–3–414
Tavern license
44–3–415
Optional premises license
44–3–416
Retail gaming tavern license
44–3–417
Brew pub license - definitions
44–3–418
Club license - legislative declaration
44–3–419
Arts license - definition
44–3–420
Racetrack license
44–3–421
Public transportation system license
44–3–422
Vintner’s restaurant license
44–3–423
Removal of vinous liquor from licensed premises
44–3–424
Retail establishment permit - definitions
44–3–425
Wine packaging permit - limitations - rules
44–3–426
Distillery pub license - legislative declaration - definition
44–3–427
Liquor-licensed drugstore manager’s permit
44–3–428
Lodging and entertainment license
44–3–429
Purchasing alcohol from a surrendered license of common ownership - definition
44–3–501
State fees - rules
44–3–502
Fees and taxes - allocation
44–3–503
Excise tax - records - rules - definition
44–3–504
Lien to secure payment of taxes - exemptions - recovery
44–3–505
Local license fees
44–3–601
Suspension - revocation - fines - rules
44–3–701
Inspection procedures
44–3–801
Civil liability - legislative declaration - definitions
44–3–802
Judicial review
44–3–901
Unlawful acts - exceptions - definitions
44–3–902
Testing for intoxication by law enforcement officers - when prohibited
44–3–903
Alcohol-without-liquid devices - legislative declaration - definition - unlawful acts
44–3–904
Violations - penalties
44–3–905
Duties of inspectors and police officers
44–3–906
Warrants - searches and seizures
44–3–907
Return on warrant - sale of liquor seized
44–3–908
Loss of property rights
44–3–909
Colorado state fair - common consumption area - national western center - consumption on premises
44–3–910
Common consumption areas
44–3–911
Takeout and delivery of alcohol beverages - permit - on-premises consumption licenses - requirements and limitations - rules - definition - repeal
44–3–912
Communal outdoor dining areas - permit required - rules
44–3–1001
Short title
44–3–1002
Responsible vendors - standards
Green check means up to date. Up to date

Current through Fall 2024

§ 44-3-202’s source at colorado​.gov