The "local licensing authority" as defined in Colorado Revised Statutes 12-46-103(4) and 12-47-103(17), as amended, shall be the board of trustees. The town clerk and recorder shall serve as the executive secretary to the local licensing authority, hereinafter referred to as the "LLA" and shall be responsible for coordinating and receiving all payment of fees, application forms, and other documentation associated with the licensing process. The LLA shall exercise all discretion and responsibilities as set forth in the Colorado Revised Statutes article 47, title 12, also known as the Colorado liquor code and shall cooperate as necessary with the state licensing authority, hereinafter referred to as "SLA". Any differences or inconsistencies between the state statute as described herein and this code shall be settled in favor of the state statute, it being the intent of the LLA to follow the procedures and laws as set forth in the Colorado liquor code. A copy of the Colorado liquor code shall be kept on file with the town clerk and recorder for review and consideration by all town residents.
A. Licensing Process: A person or entity, referred to as the applicant, desiring to sell alcoholic liquors must first file the appropriate application with and obtain approval of the application from the LLA. The application process shall be that process set forth in Colorado Revised Statutes 12-47-301 et seq., as amended. Applicants shall be required to familiarize themselves with the state statute and must comply strictly with the requirements of the Colorado liquor code. The town clerk may provide such assistance, information, and forms as the clerk may be provided by the SLA, but the clerk is not required or allowed to render legal advice to an applicant.
B. Local Option: The licensing process shall be that process mandated by the Colorado liquor code unless the town elects to restrict entirely the sale of liquor within the town boundaries by following the petition/election process outlined in Colorado Revised Statutes 12-47-105, "local option", as amended.
C. Exemption From Licensing Process: Those persons and entities which are deemed to be exempt from the licensing requirements, as set forth in Colorado Revised Statutes 12-47-106, as amended, shall not be required to apply for a liquor license. Such exemptions include the sale or distribution of sacramental wines used for religious purposes.
D. License Requirements And Restrictions, License Transfer, Temporary Permits, And License Renewal:
1. The town has authority to consider and issue only those types of liquor licenses listed in Colorado Revised Statutes 12-47-309, as amended. Further, those persons or entities defined in Colorado Revised Statutes 12-47-306, as amended, prohibited from holding a liquor license, shall not be issued or allowed to maintain a liquor license within the boundaries of the town. Additionally, such persons or entities shall be prohibited from providing financial assistance to a holder of a liquor license as set forth in Colorado Revised Statutes 12-47-308, as amended.
2. The procedures and time requirements involved with the application for a new liquor license shall be those requirements, procedures, and time requirements as set forth in Colorado Revised Statutes 12-47-301, 12-47-311, 12-47-312, and 12-47-313, as amended.
3. The transfer of the ownership of a properly issued liquor license and the issuance of temporary permits shall be governed by the procedures and requirements as set forth in Colorado Revised Statutes 12-47-303.
4. Applications for the renewal of a liquor license must be made to the LLA at least forty five (45) days prior to the date of expiration of the license and shall be filed in accordance with Colorado Revised Statutes 12-47-302, as amended. The LLA may refuse to grant a renewal of the license for "good cause" and pursuant to the procedures and criteria set forth in Colorado Revised Statutes 12-47-302, as amended. (Ord. 205, 9-3-1997)
E. License And Application Fees: All application and license fees are set in accordance with Colorado Revised Statutes title 12, as amended. Any application for a license to sell fermented malt beverages or alcoholic liquors, any application for the transfer of the location or of the ownership of a license, and any application for the renewal of an existing license shall be accompanied by a nonreimbursable application fee set by statute. Unless any portion of a license fee is rebated by affirmative action of the local licensing authority, the license fees, as set by statute, and apportioned between the town and the state shall be as set forth in a schedule available at all times in the office of the town clerk. (Ord. 275, 12-8-2009)