A. In General: The City hereby authorizes tastings to be conducted by retail liquor store or liquor licensed drugstore licensees in accord with this section and pursuant to Colorado Revised Statutes section 44-3-301(10) et seq. Within the City, it is unlawful for any person or licensee to conduct tastings unless a tastings permit has been obtained in accord with this section. The City Clerk is authorized to issue tasting permits in accord with the requirements of this section.
B. Application And Standards For Issuance:
1. To conduct tastings, a retail liquor store or liquor licensed drugstore licensee shall submit to the City Clerk an application on forms provided by the City for a tastings permit to the City Clerk. The City Clerk may reject the application if the applicant fails to establish that tastings will be conducted without violating the provisions of this section or of Colorado Revised Statutes section 44-3-301 et seq., or without creating a public safety risk to the neighborhood.
2. The applicant for a tastings permit shall verify on the application that all persons serving alcohol at tastings have completed a certified server training program that meets the standards established by the Liquor Enforcement Division of the Colorado Department of Revenue.
3. The applicant shall provide a written control plan at the time of the application that meets the approval of the City Clerk.
4. The initial tastings permit shall be valid only until the expiration of the then current retail liquor store or liquor licensed drugstore license held by the applicant and may be renewed upon application on the same time schedule as the retail liquor license or the liquor licensed drugstore license renewal. A renewed tastings permit shall be valid for not more than one year and shall run concurrently with the retail liquor store or liquor licensed drugstore license of the holder of the tastings permit.
C. Tastings Restrictions: In addition to the requirements of the provisions of title 44, article 3, Colorado Revised Statutes and any related rules and regulations issued, the following restrictions apply to a tastings permit:
1. Tastings shall be conducted only by a person who has completed a server training program that meets the standards established by the Liquor Enforcement Division of the Colorado Department of Revenue, and only on the licensee's licensed premises.
2. The tastings permit shall be posted during all tastings.
D. Violations:
1. A violation of a restriction specified in this section or in Colorado Revised Statutes section 44-3-301 by a retail liquor store or liquor licensed drugstore, whether by licensee's employees, agents or otherwise, shall be the responsibility of the retail liquor store licensee or liquor licensed drugstore licensee who holds the permit and is conducting the tasting.
2. It is a violation of the tastings permit if the permittee's retail liquor store license or liquor licensed drugstore license is not in full force and effect.
3. A retail liquor store licensee or liquor licensed drugstore licensee holding a permit and conducting a tasting shall be subject to the same revocation, suspension and enforcement provisions as otherwise apply to the licensee, and including the suspension and revocation procedures set forth in section 2.1.801 et seq., of this chapter.
4. It is a violation of this part to create a public safety risk as a result of the conduct of tastings or the operation of a tastings permit. (Ord. 08-145; Ord. 15-78; Ord. 20-10)