COLORADO LIQUOR ON PREMISES LICENSIING REQUIREMENTS Cathy Dunne
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COLORADO LIQUOR -ON PREMISES LICENSIING REQUIREMENTS Cathy Dunne, Criminal Investigations Supervisor 1881 Pierce Street, Suite 108 Lakewood, CO 80214 -1495 (303) 205 -2300 (p) (303) 205 -2341 (fax) Cathy. Dunne@state. co. us
STATE LICENSING AUTHORITY Barbara Brohl, Executive Director, Department of Revenue Ron Kammerzell, Senior Enforcement Director, Department of Revenue Patrick Maroney, Division Director Liquor Enforcement Division Donia Amick, Chief of Investigations Michell Stone-Principato, Agent in Charge Division Licensing Staff: Cathy Dunne, Criminal Investigations Supervisor, Licensing Dede Salone, Criminal Investigations Supervisor, Licensing Robin Eaton, Licensing Specialist/Team Lead Susan Cariveau, Licensing Specialist Gail Marion, Licensing Specialist Christina Cooney , Licensing Specialist Janet Meriweather, Licensing Specialist
Instructional Goal: To provide liquor licensees with the skill, knowledge and ability to ensure the proper and accurate completion of retail liquor license supporting documentation and the need for that documentation.
Role of the State Licensing Authority Role of State Authority in retail licensing. Does not duplicate Local Authority processes Background investigations Inspections Deny, Issue, Suspend, Revoke: State licenses, special events and other permits Three Tier System Manufacturers – State license only Wholesalers – State license only Retailers Tax Collection Rule Making
LICENSE TYPES OF RETAIL LIQUOR LICENSES ISSUED BY LOCAL LICENSING AUTHORITIES - 12 -47 -309 C. R. S. ON-PREMISES (FOR CONSUMPTION ON THE PREMISES) CURRENTLY THE STATE HAS 7894 ON PREMISES LICENSES OUT OF 13725 TOTAL ACTIVE LICENSES
Pizza Hut 3. 2 % On Premises License
3. 2% On Off Premises
Art Gallery Permit or License
Bed and Breakfast Permit
Starbuck’s Beer and Wine License
Lifetime Fitness Beer and Wine License
Brew Pub License
American Legion Elks Club License
Hotel
Restaurant License
Limited Winery
County Fairgrounds Optional premises
Public Transportation License
Racetrack License
Resort Complex License
Retail Gaming Tavern License
Tavern License
Distillery Pub
Vintners Restaurant
Liquor Enforcement Division: Website Information www. colorado. gov/enforcement/liquor Forms Laws and Regulations Office Locations Fee Schedules Current / Recently Issued Licenses Enforcement Information
Division Mailing Address Colorado Department of Revenue Liquor Enforcement Division – 108 PO Box 173350 Denver, CO 80217 -3350
RENEWALS – CRS 12 -47 -302 LICENSE RENEWAL TIMELINE PRIOR TO EXPIRATION DATE 90 DAYS - LICENSEE NOTIFIED BY MAIL 45 DAYS - LICENSEE SUBMITS APPLICATION TO LOCAL AUTHORITY 30 DAYS - LOCAL CLERK FORWARDS TO STATE AUTHORITY **LOCAL AUTHORITY CAN ACCEPT RENEWALS OUT OF THE 30 -45 DATES WITH GOOD CAUSE**
RENEWALS – CRS 12 -47 -302 NEW LAW HB 15 -1202 Ø Reissued Licenses-expired more than 90 days but less than 180 days Ø Ø Ø $500 late fee to state and local authorities $25 per day for each day expired after 90 days to state and local authorities No more than 3 times in any 5 year period
New Renewal Form There is no longer an attachment to the renewals Please make sure the renewal is: Fully completed to include the question of possession Signed by the applicant Signed by the local authority
DR 8442 PERMIT APPLICATION AND REPORT OF CHANGES MANAGER REGISTRATIONS CHANGE of MANAGER RETAIL WAREHOUSE STORAGE WHOLESALE BRANCH HOUSE CHANGE CORPORATE NAME (If FEIN remains unchanged) CHANGE TRADENAME CHANGE OF LOCATION MODIFICATION OF PREMISES ADD OPTIONAL PREMISES
MANAGER REGISTRATION 12 -47 -301(8) , 12 -47 -411, 12 -47 -412 Must report a change of manager to state and local authority within thirty (30) days. q Only Hotel and Restaurant and Tavern licensees need to pay the fee and include Individual History Records and fingerprints. They cannot be registered anywhere else. q
RETAIL WAREHOUSE STORAGE Licensee can have up to three warehouse storage permits q Licensee can share a warehouse but they have to be separate and distinct q Licensee can only store malt liquor for ten days due to freshness standards q No local approval required q Renew storage permit at the same time as license renewal to keep it in good standing. q
CHANGE OF TRADE OR CORPORATE NAME 12 -47 -306 FEIN needs to remain the same q. TIP-register trade name with Secretary of State q$50 charge each q. Corporate change should reflect both on Secretary of State q
CHANGE OF LOCATION 12 -47 -311 We need a copy of the new lease and diagram q. Must on file with local authority thirty days before mandatory local hearing q. Local can extend for 12 months for extenuating circumstances q. Only in the same jurisdiction q
MODIFICATION OF PREMISES 12 -47 -302 We need documentation showing possession q Attach the current diagram and proposed diagram q If the modification is denied the licensee can request a hearing within fifteen days of the denial notice q
DR 8442 PERMIT APPLICATIONS & REPORT OF CHANGES REVISED (09/09) PAGE ONE: APPLICANT INFORMATION PLEASE LIST CURRENT LICENSE NUMBER IN AT LEAST ONE LOCATION
DR 8442 PERMIT APPLICATION S & REPORT OF CHANGES REVISED (09/09) PAGE TWO: INSTRUCTIONS
DR 8442 PERMIT APPLICATIONS & REPORT OF CHANGES REVISED (09/09) PAGE THREE: APPLICATION INFORMATION If changing the corporate name due to conversion, please provide the IRS SR 4 form showing that the FEIN number remained unchanged Date filed with local authority for change of location and hearing date
DR 8442 PERMIT APPLICATIONS & REPORT OF CHANGES REVISED (09/09) PAGE FOUR: APPLICATION INFORMATION APPLICANT SIGNATURE AUTHORIZED SIGNER LOCAL AUTHORITY APPROVAL STATE AUTHORITY APPROVAL
Change of Class/Type of License CONSIDERED A NEW LICENSE AND HANDLED THAT WAY Run current license until class changes to avoid downtime and then the surrender.
CORPORATE REPORT OF CHANGES DR 8177 Needs local approval q SOS corporate documents q Good Standing Certificate q All documents need to be executed q Meeting Minutes or like documentation q Individual History Records q
REPORT OF CHANGES FORM DR 8177 REG. 47 -304 Must be reported to Local Authority within 30 days of change No fees to the State Authority Signed by Applicant Local Approval IHR’s and Fingerprints and supporting documents as needed (page 2)
REPORT OF CHANGES FORM DR 8177 REG. 47 -304 Question #8 New Officers/Members and any remaining Officers/Members listed on left Member being removed/replaced on right Question #9 Please list who remains in control of the license
Transfer Vs. Corporate Change If the FEIN changes it’s a transfer. If FEIN stays the same it’s a corporate change.
Change of mailing address form DR 8009 The form is intended for a mailing address change or a person’s name change in the event of a divorce, marriage or other type of court order.
OPTIONAL PREMISES 12 -47 -103(22), 12 -47 -310 The local authority adopts an ordinance to allow the optional premises. The local may also adopt additional standards to address additional issues such as, size, type or hours. There is no food requirement Notification must be provided 48 hours prior to use. The optional premises can be turned off for Special Events.
Additional Questions
On behalf of the staff of the Liquor Enforcement Division a big, sincere….
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