C.R.S. Section 44-3-912
Communal outdoor dining areas

  • permit required
  • rules

(1)

Notwithstanding any other provision of this article 3 or article 4 of this title 44 and subject to the approval of the state and local licensing authorities, a communal outdoor dining area may be shared by two or more persons licensed for on-premises consumption, including an approved sales room, under this article 3 or article 4 of this title 44.

(2)

A licensee shall not sell or serve alcohol beverages in a communal outdoor dining area unless:

(a)

The licensee obtains a permit from the state licensing authority and pays the permitting fee established by rule; and

(b)

The state and local licensing authorities have first approved:

(I)

Attaching the license to the communal outdoor dining area; and

(II)

A modification of the licensed premises of each attached licensee to include the communal outdoor dining area.

(3)

This section does not apply to a special event permit issued under article 5 of this title 44 or the holder of the permit unless the permit holder holds a special event at an existing communal outdoor dining area and agrees in writing to the requirements of this article 3 for and the local licensing authority for the communal outdoor dining area.

(4)

To be approved, a communal outdoor dining area must be within one thousand feet of the permanent licensed premises of each of the licenses attached to the communal outdoor dining area. This distance must be computed by direct measurement, using a route of direct pedestrian access, from the nearest property line of the land used for the communal outdoor dining area to the nearest portion of the building where the permanent licensed premises is located.

(5)

If a violation of this article 3 or article 4 of this title 44 occurs within a communal outdoor dining area and the licensee responsible for the violation can be identified, that licensee is subject to discipline as set forth in section 44-3-601. If the licensee responsible for the violation cannot be identified, each attached licensee is deemed jointly responsible and subject to discipline for the violation.

(6)

The state licensing authority shall promulgate rules governing communal outdoor dining areas, including rules governing:

(a)

Applications;

(b)

Modification of the licensed premises to include a communal outdoor dining area;

(c)

Supervision and control of the communal outdoor dining area by the attached licensees;

(d)

Submission to and approval of security and control plans by the state and local licensing authorities;

(e)

Removal of alcohol beverages from the communal outdoor dining area;

(f)

Special events held within a communal outdoor dining area; and

(g)

Insurance requirements.

Source: Section 44-3-912 — Communal outdoor dining areas - permit required - rules, 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

§ 44-3-912’s source at colorado​.gov