Loading...
The following terms, as used in this article, shall have the following meanings, unless the context specifically indicates otherwise, or unless the meaning is excluded by express provision:
ALCOHOL BEVERAGE: Fermented malt beverage or malt, vinous, or spirituous liquors; except that "alcohol beverage" shall not include confectionery containing alcohol within the limits prescribed by Colorado Revised Statutes section 25-5-410(1)(i)(II).
COMMON CONSUMPTION AREA: Shall have the same meaning as "common consumption area" defined under Colorado Revised Statutes section 44-3-103(11).
DELIVERY: The delivery of an alcohol beverage or fermented malt beverage off the premises of the person selling the same. This term shall not include wholesale deliveries or deliveries made to persons holding a license for the sale, service or distribution of alcohol beverages or fermented malt beverage under the terms of this article.
ENTERTAINMENT DISTRICT: Shall have the same meaning as "entertainment district" defined under Colorado Revised Statutes section 44-3-103(15).
FERMENTED MALT BEVERAGE: Shall have the same meaning as “fermented malt beverage” defined under Colorado Revised Statutes section 44-4-103(1); except that “fermented malt beverage” shall not include confectionary containing alcohol within the limits prescribed by Colorado Revised Statutes section 25-5-410(1)(i)(II).
LICENSED, LICENSEE, AND LICENSED PREMISES: Persons or premises issued a license or permit under Colorado Revised Statutes, title 44, articles 3, 4, and 5.
MALT LIQUOR: Shall have the same meaning as “malt liquor” defined under Colorado Revised Statutes section 44-4-103(30).
OPERATOR: A person licensed by law to sell malt, vinous and spirituous liquors or fermented malt beverages for beverage purposes at retail and who is engaged at any time during the calendar year in the operation within the City.
OPTIONAL PREMISES: Shall have the same meaning as “optional premises” defined under Colorado Revised Statutes section 44-4-103(33).
OUTDOOR SPORTS AND RECREATIONAL FACILITY: Any facility which charges a fee for the use of the facility including, but not limited to, zoological gardens, golf courses, athletic fields, country clubs and ski areas.
PREMISES: A distinct and definite location, which may include a building, a part of a building, a room, or any other definite contiguous area.
PROMOTIONAL ASSOCIATION: Shall have the same meaning as "promotional association" defined under Colorado Revised Statutes section 44-4-103(39).
SPIRITUOUS LIQUORS: Shall have the same meaning as “spiritous liquors” defined under Colorado Revised Statutes section 44-4-103(54).
TASTINGS: The sampling of malt, vinous, or spirituous liquors that may occur on the premises of a retail liquor store licensee or liquor licensed drugstore licensee by adult patrons of the licensee pursuant to the provisions of this article and Colorado Revised Statutes section 44-3-301(10).
TASTINGS PERMIT: Authorizes the holder of a retail liquor license or liquor licensed drugstore to conduct tastings upon the licensed premises in accord with the rules and regulations of this article and Colorado Revised Statutes section 44-3-301(10).
VINOUS LIQUORS: Shall have the same meaning as “vinous liquors” defined under Colorado Revised Statutes section 44-4-103(59).
WRITTEN CONTROL PLAN: Documentation relating to the licensee’s or permittee's plan to control and monitor the serving, consumption and removal of liquor. (Ord. 1882; Ord. 2340; 1968 Code §5-74B; Ord. 81-130; Ord. 90-18; Ord. 01-42; Ord. 04-195; Ord. 08-145; Ord. 15-78; Ord. 17-75; Ord. 20-10)
During any trial for a violation of this article, any bottle, can or other container with labeling indicating the contents of the bottle, can or container shall be admissible into evidence, and the information contained on any label on the bottle, can or other container shall be admissible into evidence and shall not constitute hearsay. The information upon the label may be considered by the fact finder in determining whether the contents of the bottle, can or other container constituted an alcohol beverage or malt liquor. In addition, a label which identifies the contents of any bottle, can or other container as "beer", "ale", "malt beverage", "fermented malt beverage", or "malt liquor" shall constitute prima facie evidence that the contents of the bottle, can or other container were malt liquor and an alcohol beverage. A label which identifies the contents of any bottle, can or other container as "wine", "champagne", "whiskey" or "whisky", "gin", "vodka", "tequila", "schnapps", "brandy", "cognac", "liqueur", "cordial", "alcohol" or "liquor" shall constitute prima facie evidence that the contents of the bottle, can or other container was an alcohol beverage. (Ord. 02-215)
A. Local Licensing Authority: The Colorado Springs Municipal Judges shall serve in an Administrative Hearing Officer capacity as the Local Licensing Authority of the City for the licensing of the alcohol beverages as authorized by Colorado Revised Statutes, title 44, articles 3, 4, and 5, the rules and regulations of the State licensing authority, this Code and local rules of procedure, and shall possess all powers given to local licensing authorities by the provisions of State Statutes, City Code, and State and local rules and regulations.
B. City Clerk: The City Clerk shall be the Local Licensing Authority for the purpose of reviewing and granting or denying applications for all liquor permits, authorizations, certifications, and license or permit changes authorized by Colorado Revised Statutes, title 44, articles 3, 4, and 5, the rules and regulations of the State licensing authority, this Code and local rules of procedure. The City Clerk, as the Local Licensing Authority, shall be governed by the requirements of the applicable State Statutes, any appropriate City Code provisions or City Council resolutions, and State and local rules and regulations.
C. Authority To Promulgate: The City Clerk shall have the authority to promulgate rules and regulations which shall govern the conduct of investigations as are required by law, the conduct of hearings before the Local Licensing Authority, and the procedures for ruling upon license applications, transfers, renewals, and suspensions or revocations of licenses. Consistent with the authority delegated by State Statute, the City Clerk may recommend related ordinances for City Council adoption. (1968 Code §§5-74A, 5-76; Ord. 75-137; Ord. 76-34; Ord. 81-130; Ord. 83-75; Ord. 01-42; Ord. 02-215; Ord. 04-195; Ord. 08-145; Ord. 15-78; Ord. 17-75; Ord. 17-114; Ord. 20-10)
PART 2 LICENSE, CERTIFICATION, OR PERMIT REQUIRED
SECTION:
2.5.201: City License Or Permit Required
2.5.202: Compliance With State Law; Fees Required
2.5.203: Applications
2.5.204: Standards For Issuance Of Optional Premises License And Optional Premises Permit For Hotel And Restaurant License
2.5.205: Tastings Permit
2.5.206: Entertainment Districts Authorized
A. It shall be unlawful for any person to engage in the business of selling or serving any alcohol beverages or fermented malt beverages within the City without a City license or permit, unless otherwise permitted by law.
B. It shall be unlawful for any person to serve alcohol at a permitted tasting without a server's certification. It shall be prima facie evidence that the server is in violation of this section if the server is unable to produce the server's certification upon request by any peace officer, or other employee of the City who is acting in the person's official capacity and within the scope of the person's employment.
C. It shall be unlawful for any person to engage in the business of selling or serving any alcohol or fermented malt beverages for consumption in a Common Consumption Area within the City unless: 1) the City Clerk authorizes the attachment of the person's licensed premises to the Common Consumption Area and 2) the City Clerk certifies a Promotional Association for the operation of the Common Consumption Area. (Ord. 1588; 1968 Code §5-74A; Ord. 81-130; Ord. 01-42; Ord. 04-195; Ord. 08-145; Ord. 15-78; Ord. 17-75; Ord. 20-10)
The license, permit, authorization, or certification required in section 2.5.201 of this part shall be issued in accord with and upon the payment of the fees provided by State Statutes, City Code, and State and local rules and regulations. (Ord. 1588; 1968 Code §5-74A; Ord. 01-42; Ord. 15-78; Ord. 17-75)
All applications for licenses, permits, authorizations, or certifications shall be filed with the City Clerk's Office on forms to be approved by the City Clerk and accompanied by all applicable fees, together with other information and documents as may be required by Liquor and Beer Rules and Regulations for the City of Colorado Springs. The City Clerk or designee shall act as Secretary to the Local Licensing Authority and all the records shall be kept in the City Clerk's Office. (1968 Code §5-84; Ord. 76-34; Ord. 01-42; Ord. 15-78; Ord. 17-75; Ord. 17-114)
In addition to the requirements of the provisions of title 44, article 3, Colorado Revised Statutes and any rules and regulations issued thereunder, the following standards apply to an optional premises license and an optional premises permit for a hotel and restaurant license:
A. Applicant must submit a detailed sketch of the outdoor sports and recreational facilities which indicates the location of each optional premises, as well as a written statement explaining the applicant's need for the optional premises, demonstrating that the size of the outdoor sports and recreational facility justifies the issuance of an optional premises license.
B. Applicant must submit its written plan to ensure control over each area designated as an optional premises.
C. Optional premises licensees and permittees must have sandwiches and light snacks available on the optional premises during the service of malt, vinous or spirituous liquors. (Ord. 90-19; Ord. 01-42; Ord. 15-78; Ord. 20-10)
Loading...