C.R.S. Section 44-3-424
Retail establishment permit

  • definitions

(1)

Intentionally left blank —Ed.

(a)

Except as provided in subsection (1)(c) of this section, a person operating a retail establishment may offer and serve complimentary alcohol beverages for consumption only on the premises if the retail establishment has been issued a retail establishment permit, which must be renewed annually.

(b)

A retail establishment permit holder shall not:

(I)

Directly or indirectly, sell alcohol beverages;

(II)

Serve alcohol beverages for more than four hours in a twenty-four-hour period;

(III)

Serve alcohol beverages more than twenty-four days per year;

(IV)

Serve malt liquor with a serving size of more than twelve ounces;

(V)

Serve vinous liquor with a serving size of more than five ounces, but the five ounces of vinous liquor may be mixed with nonalcoholic beverages to make a larger serving size;

(VI)

Serve spirituous liquor with a serving size of more than one and one-half ounces, but the one and one-half ounces of malt liquor may be mixed with nonalcoholic beverages to make a larger serving size;

(VII)

Serve a pre-mixed alcohol beverage drink of a serving size of more than twelve ounces;

(VIII)

Hold any other license issued under this article 3 or article 4 of this title 44;

(IX)

Serve or distribute alcohol beverages between 2 a.m. and 7 a.m.;

(X)

Permit a person under eighteen years of age to sell, dispense, or participate in the sale or dispensing of an alcohol beverage; or

(XI)

Permit a person eighteen years of age or older and under twenty-one years of age to sell, dispense, or participate in the sale or dispensing of an alcohol beverage, unless the person is supervised by another person who is on the permitted premises and is at least twenty-one years of age.

(c)

Intentionally left blank —Ed.

(I)

This section applies to a retail establishment that is:

(A)

An art gallery; or

(B)

Any other retail establishment, except retail establishments described in subsection (1)(c)(II) of this section, that has no more than twenty-five employees and has retail sales of no more than five million dollars per year.

(II)

This section does not apply to a retail establishment that:

(A)

Sells firearms, motor vehicles, marijuana, gasoline, or diesel fuel;

(B)

Educates students from kindergarten to twelfth grade or provides child care; or

(C)

Is a convenience store.

(2)

Intentionally left blank —Ed.

(a)

The state or local licensing authority may reject the application for a retail establishment permit if the applicant fails to establish that the applicant is able to offer complimentary alcohol beverages without violating this section or creating a public safety risk to the neighborhood.

(b)

Upon initial application, and for each renewal, the applicant must list each day that alcohol beverages will be served, which days must not be changed without a minimum of fifteen days’ written notice to the state and local licensing authority.

(3)

Neither the state nor a local licensing authority shall deny a retail establishment permit based solely on the retail establishment’s proximity to any public or private school or the principal campus of a college, university, or seminary.

(4)

A retail establishment shall not charge an entrance fee or a cover charge in exchange for offering complimentary alcohol beverages for consumption only on the premises.

(5)

A retail establishment permit may be suspended or revoked in accordance with section 44-3-601 if the permit holder violates this article 3 or any rule adopted pursuant to this article 3 or fails to truthfully furnish any required information in connection with a permit application.

(6)

Intentionally left blank —Ed.

(a)

Except as provided in subsection (6)(b) of this section, it is unlawful for any owner, part owner, shareholder, or person interested directly or indirectly in a retail establishment that holds a permit issued pursuant to this section to conduct, own either in whole or in part, or be directly or indirectly interested in any other business licensed pursuant to this article 3 or article 4 of this title 44.

(b)

A retail establishment that holds a permit issued pursuant to this section may have an interest in:

(I)

Other retail establishments that hold a permit issued pursuant to this section;

(II)

A license described in section 44-3-401 (1)(j) to (1)(t), (1)(v), or (1)(w); 44-3-412 (1); or 44-4-104 (1)(c); or

(III)

A financial institution referred to in section 44-3-308 (4).

(7)

As used in this section, unless the context otherwise requires:

(a)

“Art gallery” means a retail establishment that has the primary purpose of exhibiting and offering for sale works of fine art as defined in section 6-15-101 or precious or semiprecious metals or stones as defined in section 18-16-102.

(b)

“Retail establishment” means an establishment that has the primary purpose of selling goods or services to the public and that:

(I)

Conducts the business described in subsection (7)(a) of this section at a physical building in Colorado; and

(II)

Derives less than fifty percent of the establishment’s gross sales of goods and services from the sale of food.

(8)

A retail establishment issued a permit shall not intentionally allow more than two hundred fifty people to be on the premises at one time when alcohol beverages are being served.

(9)

This section does not:

(a)

Abrogate any insurance coverage required by law; or

(b)

Authorize a retail establishment permit holder to violate:

(I)

Section 44-3-901, including serving a visibly intoxicated person and taking an alcohol beverage off the licensed premises; or

(II)

Any zoning or occupancy ordinances or laws.

Source: Section 44-3-424 — Retail establishment permit - definitions, 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

§ 44-3-424’s source at colorado​.gov