C.R.S. Section 44-3-312
Results of investigation

  • decision of authorities

(1)

Not less than five days prior to the date of hearing, the local licensing authority shall make known its findings based on its investigation in writing to the applicant and other interested parties. The local licensing authority has authority to refuse to issue any licenses provided in sections 44-3-309 (1) and 44-4-107 for good cause, subject to judicial review.

(2)

Intentionally left blank —Ed.

(a)

Before entering any decision approving or denying the application, the local licensing authority shall consider, except where this article 3 specifically provides otherwise, the facts and evidence adduced as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type, and availability of alcohol beverage outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed; except that the reasonable requirements of the neighborhood shall not be considered in the issuance of a club liquor license. For the merger and conversion of retail liquor store licenses to a single liquor-licensed drugstore license in accordance with section 44-3-410 (1)(b), the local licensing authority shall consider the reasonable requirements of the neighborhood and the desires of the adult inhabitants of the neighborhood.

(b)

Any petitioning otherwise required to establish the reasonable requirements of the neighborhood shall be waived for a bed and breakfast permit applicant unless the local licensing authority has previously taken affirmative, official action to rescind the availability of such waiver in all subsequent cases.

(3)

Any decision of a local licensing authority approving or denying an application shall be in writing stating the reasons therefor within thirty days after the date of the public hearing, and a copy of the decision shall be sent by certified mail to the applicant at the address shown in the application.

(4)

No license shall be issued by any local licensing authority after approval of an application until the building in which the business is to be conducted is ready for occupancy with such furniture, fixtures, and equipment in place as is necessary to comply with the applicable provisions of this article 3 and article 4 of this title 44, and then only after inspection of the premises has been made by the licensing authority to determine that the applicant has complied with the architect’s drawing and the plot plan and detailed sketch for the interior of the building submitted with the application.

(5)

After approval of any application, the local licensing authority shall notify the state licensing authority of the approval, who shall investigate and either approve or disapprove such application.

Source: Section 44-3-312 — Results of investigation - decision of authorities, 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

§ 44-3-312’s source at colorado​.gov