Chapter 3 ALCOHOLIC BEVERAGES*
*Cross reference(s)--Administration, Ch. 2; finance, Ch. 2, art. V; local liquor licensing authority, § 5-131 et seq.; licenses and business regulations, Ch. 13; signs and advertising, Ch. 20; taxation, Ch. 22; zoning, Ch. 27.
State law reference(s)--Colorado Beer Code, C.R.S. § 12-46-101 et seq.; Colorado Liquor Code, C.R.S. § 12-47-101 et seq.; local licensing authority, C.R.S. §§ 12-46-117, 12-47-135; optional premises license-local option, C.R.S. § 12-47-135.5.
Sec. 3-1. Definitions.
As used in this chapter, the following words or phrases shall have the following meanings, respectively:
Alcoholic beverage means any fermented malt beverage as defined by the state beer code and all malt, vinous, or spirituous liquors as defined by the state liquor code, including, but not limited to, beverages commonly known as liquor, wine and beer with an alcoholic content of more or less than three and two-tenths (3.2) percent by weight.
Fermented malt beverage means any beverage defined as such by the state beer code including, but not limited to, beverages commonly referred to as three and two-tenths (3.2) percent beer or beer containing not more than three and two-tenths (3.2) percent alcohol by weight.
Malt, vinous or spirituous liquors as defined by the state liquor code, shall include, but not be limited to, liquor, wine and beer having more than three and two-tenths (3.2) percent alcoholic content by weight.
Medicinal liquors means any liquor sold by a duly licensed pharmacist or drugstore solely upon a bona fide doctor's prescription.
Operator means any person licensed by law to sell malt, vinous and spirituous liquors other than medicinal liquors, for beverage purposes at retail and who is engaged at any time during the calendar year in such operation within the city.
(Code 1962, § 5-12-1)
Cross reference(s)--Definitions and rules of construction generally, § 1-2.
Sec. 3-2. Declaration of policy and purpose.
The city council hereby finds, determines and declares that considering the nature of the business of selling at retail three and two-tenths (3.2) percent beer, malt, vinous and spirituous liquors for beverage purposes, and the relation of such business to the municipal welfare, as well as the relation thereof to the expenditures required of the city and a proper just and equitable distribution of tax burdens within the city and all other matters proper to be considered in relation there to, that the classification of such business as a separate occupation is reasonable, proper, uniform and nondiscriminatory and that the amount of tax imposed by this chapter is reasonably proper, uniform and nondiscriminatory and necessary for a just and a proper distribution of the tax burdens within the city.
(Code 1962, § 5-12-3)
Sec. 3-3. Business classifications.
The business of selling at retail any malt, vinous or spirituous liquors, other than medicinal liquors, for beverage purpose is hereby defined and separately classified as such occupations for the purpose of this chapter as follows:
(1) Class A operators. All operators who are licensed to sell beer, wine and spirituous liquors for consumption on the premises either as a hotel or restaurant shall be class A operators.
(2) Class B operators. All operators licensed to sell malt or vinous liquors only by the drink for consumption on the premises shall be class B operators.
(3) Class C operators. All operators licensed as retail liquor stores to sell in original containers malt, vinous or spirituous liquors in original containers for consumption off the premises, shall be class C operators.
(4) Class D operators. All operators licensed as drugstores to sell malt, vinous or spirituous liquors in original containers for consumption off premises, shall be class D operators.
(5) Class E operators. All operators licensed to sell malt, vinous or spirituous liquors as clubs are class E operators.
(6) Class F-1 operators. All operators licensed to sell only three and two-tenths (3.2) percent beer and who sell the same for consumption on the premises are class F-1 operators.
(7) Class F-2 operators. All operators licensed to sell only three and two-tenths (3.2) percent beer and who sell the same solely in the original package or container for consumption off the premises shall be class F-2 operators. An operator may be both an F-1 and F-2 operator by paying an F-1 and an F-2 annual occupation tax.
(Code 1962, § 5-12-2)
Sec. 3-3.1. Optional premises liquor license classification.
(a) There should be and is hereby established an optional premises liquor license classification within the City of Durango, as authorized by C.R.S. § 12-47-310. Such licenses shall be issued and administered at the local level by the Durango Liquor Licensing Authority.
(b) Any such license shall be limited to hotel and restaurant licenses, as defined under the Colorado Liquor Code, which shall have related outdoor sports and recreational facilities, or premises specified in an application for an optional premises license which are located on an applicant's outdoor sports and recreation facility. In addition to the foregoing requirements, any such license shall be subject to the following limitations and standards:
(1) The license shall be applied for and issued in the name of the applicant who proposes to sell and/or serve malt, vinous or spirituous liquors pursuant to said license;
(2) If the premises proposed for such a license are leased by the applicant, the written consent of the owner of the property must accompany the license application;
(3) Licenses for outdoor sports and recreational facilities which are not located on or adjacent to premises with an existing hotel and restaurant, as described in C.R.S. § 12-47-103(22)(a)(I), shall be limited to governmental agencies which own and are responsible for the operation of such outdoor sports and recreational facilities;
(4) No more than one (1) optional premises license shall be issued for any outdoor sports or recreational facility at any time.
(Ord. No. 1998-8, §§ 1, 2, 4-7-98)
Editor's note--Ord. No. 1998-8, §§ 1, 2, adopted April 7, 1998, did not specifically amend the Code; hence, inclusion of its provisions as § 3-3.1 herein was at the discretion of the editor.
Sec. 3-4. Occupational tax--Levied.
There is hereby levied and assessed for each year an annual occupational tax upon the business of selling three and two-tenths (3.2) percent beer, malt, vinous or spirituous liquors, except medicinal liquors, in the city, in accordance with the following schedule and occupational classifications as defined in section 3-3:
(1) For all class A operators, the sum of five hundred dollars ($500.00);
(2) For all class B operators, the sum of five hundred dollars ($500.00);
(3) For all class C operators, the sum of three hundred dollars ($300.00);
(4) For all class D operators, the sum of three hundred dollars ($300.00);
(5) For all class E operators, the sum of two hundred dollars ($200.00);
(6) For all class F-1 operators, the sum of one hundred fifty dollars ($150.00);
(7) For all class F-2 operators, the sum of one hundred dollars ($100.00).
(Code 1965, § 5-12-4)
Cross reference(s)--Licenses and business regulations, Ch. 13.
Sec. 3-5. Same--When due and payable; revenue receipt.
The occupational tax levied in this chapter shall be due and payable to the city clerk on the date on which a licensee applies for a new license for the sale of three and two-tenths (3.2) percent beer, malt, vinous or spirituous liquors or the date upon which an existing licensee applies for renewal of any such license. Upon receipt of such tax, it shall be the duty of the city clerk to execute and deliver to the operator paying the tax, a revenue receipt showing the name of the operator paying the tax, the date of payment, the period for which the tax is paid and the place at which the operator conducts his business.
(Code 1962, § 5-12-5)
Sec. 3-6. Same--Receipt to be posted.
The operator shall, at all times during the year, keep the revenue receipt from the city clerk for payment of the occupational tax levied in this chapter posted in a conspicuous place in his place of business.
(Code 1962, § 5-12-6)
Sec. 3-7. Interest on delinquent taxes.
All taxes provided for in this chapter shall be due and payable upon application for a new license or upon application for renewal of an existing license as described in this chapter. Any and all such taxes shall be delinquent if not paid within ten (10) days of the due date as defined in this chapter. Interest shall accrue on all delinquent taxes from the day of delinquency until paid or collected at the rate of one (1) percent per month or twelve (12) percent per annum.
(Code 1962, § 5-12-7)
Sec. 3-8. Delinquency of taxes shall not authorize suspension or revocation.
No delinquency in payment of the tax provided for in this chapter shall be grounds for suspension or revocation of any license granted to any such operator by any licensing authority pursuant to the statutes enacted by the General Assembly of Colorado. In performance of any duties imposed upon the city council as a licensing authority by such statutes, the city council shall exclude from consideration any delinquency in payment of the tax provided for in this chapter.
(Code 1962, § 5-12-8)
Sec. 3-9. Right to recover sums due city.
The city shall have the right to recover all sums due by the terms of this chapter by judgment and execution therein in a civil action, in any court of competent jurisdiction. Such remedy shall be cumulative with all other remedies provided in this Code for the enforcement of this chapter.
(Code 1962, § 5-12-9)
Sec. 3-10. Carrying, possessing or drinking liquors or beverages prohibited in certain places; exceptions.
(a) It shall be unlawful for any person in the city to carry or have any open containers of malt, vinous or spirituous liquors or fermented malt beverages on any street, sidewalk, alley, parking lot, or other public place in the city, or in any motor vehicle in the city or on the grounds of any public or private school, college or university in the city. It shall be unlawful for any person to drink any malt, vinous or spirituous liquors or fermented malt beverages in any of the above-enumerated places in the city; provided, however, that open containers of fermented malt beverages may be carried or had in the possession of and may be consumed by persons in any residence hall located upon the campus of any college or university if the residence halls have been officially designated as such by the proper officials of the college or university.
(b) Open containers of fermented malt beverages may be carried or had in possession of and may be consumed by persons on the premises of Hillcrest Golf Club and the "Lions Den" facility, and such property and facilities are excluded from the provisions of subsection (a) above.
(c) Open containers of malt, vinous or spirituous liquors or fermented malt beverages may be carried or had in possession of and may be consumed by persons at the La Plata County Fairgrounds, including the exhibit hall and extension building, and the premises are excluded from the provisions of subsection (a) above.
(d) Open containers of malt, vinous or spirituous liquors or fermented malt beverages (hereinafter collectively referred to as "alcoholic beverages") may be carried or had in possession of and may be consumed by persons at the Durango Community Recreation Center at events for which a permit has been obtained from the department of parks and recreation, where alcoholic beverages are to be served at no cost to the attendees; or events for which a special events permit has been obtained from the office of the city clerk, where alcoholic beverages are to be sold to attendees. Irrespective of whether the event involves the serving of alcoholic beverages at no cost or the sale of such beverages to those in attendance, the applicant shall obtain and pay for liquor liability insurance coverage as a condition of receiving any such permit allowing the dispensation or sale of alcoholic beverages at the Durango Community Recreation Center.
No alcoholic beverages may be carried on to or consumed on the premises of the Durango Community Recreation Center without a permit having first been obtained from the city.
(e) Open containers of malt, vinous or spirituous liquors or fermented malt beverages may be carried or had in possession of and may be consumed by persons at designated city facilities when such persons are utilizing the facilities pursuant to a permit duly authorized and issued by the city which allows for the consumption and possession of such malt, vinous or spirituous liquors, or fermented malt beverages. These facilities of the city are excluded from the provisions of subsection (a) above during such times as the facilities are being lawfully used by persons or groups pursuant to permits issued by the city.
(f) For purposes of this section, the term "open container" shall not be construed to include an open container of partially consumed vinous liquor of seven hundred fifty (750) milliliters or less, purchased from a hotel or restaurant licensed under the Colorado Liquor Code and removed from the licensed premises pursuant to the authority of C.R.S., § 12-47-411(3.5), as amended.
(Code 1962, § 5-12-11; Ord. No. O-2001-28, §§ 1, 2, 1-2-02; Ord. No. O-2004-33, § 1, 10-5-04)
Sec. 3-11. Liquor enforcement officer.
For purposes of this chapter and for purposes of enforcing and assisting in compliance with laws set forth under the state beer code and state liquor code, there is hereby created the position of liquor enforcement officer within the city. The appointed liquor enforcement officer shall be vested with the responsibility of enforcing all laws and ordinances pertaining to the sale, dispensation or consumption of alcoholic beverages within the city and in conjunction therewith shall be specifically empowered to initiate and complete investigations of alleged violations of any terms and provisions of this Code and, if warranted, to issue citations or summonses and complaints for violations of municipal ordinances occurring within the corporate limits of the city.
(Code 1962, § 5-12-12)
Sec. 3-12. Unlawful acts.
It shall be unlawful for any person to commit any of the following acts:
(1) For any person under the age of twenty-one (21) to purchase, attempt to purchase, possess or consume any malt, vinous or spirituous liquors or any fermented malt beverage;
(2) For any person to provide, sell, distribute or give any malt, vinous or spirituous liquors or any fermented malt beverages to any person under the age of twenty-one (21).
(Code 1962, § 5-12-13; Ord. No. 1993-16, § 1, 9-7-93)
Sec. 3-13. Presumptions.
(a) It shall be prima facie evidence that any beverage or liquid is an alcoholic beverage if it is or was contained within a container labeled as an alcoholic beverage container of any sort and if it either looks like, smells like or tastes like an alcoholic beverage.
(b) Except for those offenses in this chapter which specifically involve only malt, vinous or spirituous liquors, it shall not be necessary in order to provide a violation of any provision of this chapter to distinguish between beers having more or less than three and two-tenths (3.2) percent alcohol by weight or to offer proof as to the alcoholic content of the beer or other malt liquors or fermented malt liquors or fermented malt beverage involved.
(Code 1962, § 5-12-14)
Sec. 3-14. Alcoholic beverage tastings.
(a) Definitions.
(2) Tasting permit means a separate permit issued by the Durango Liquor Licensing Authority pursuant to this section authorizing the tastings of beer, wine or spirituous liquors to be conducted by the licensee.
(1) The city hereby authorizes tastings, as said term is defined in C.R.S., § 12-47-301(10), to be conducted by liquor-licensed drug stores or retail liquor store licensees in accordance with this section and pursuant to said C.R.S., § 12-47-301(10).
(2) It is unlawful for any person or licensee to conduct tastings within the city unless a tastings permit has been obtained in accordance with this section. The Durango Liquor Licensing Authority (local licensing authority) is authorized to issue tasting permits consistent with the requirements of this section.
(3) A liquor-licensed drug store or retail liquor store licensee that wished to conduct tastings shall submit an application for a tastings permit to the local licensing authority, which application shall be accompanied by an application fee of one hundred dollars ($100.00).
(4) The local licensing authority may deny the application if the applicant's license is not in good standing at the time of the application, or if the applicant fails to establish that the licensee is able to conduct tastings without violating the provisions of this section or without creating a public safety risk.
(5) The local licensing authority shall prescribe the application form and shall establish application procedures. The application form shall include a schedule of the planned dates of tastings, a list of the names of the persons conducting the tastings [including documentation reflecting that the person or persons conducting the tastings have completed the required training pursuant to C.R.S., § 12-47-301(10)(c)(I)], a written control plan, and such other information as the local licensing authority may require. Any change to the information submitted as part of the permit application must be submitted to the local licensing authority no later than one (1) week prior to the implementation of the change. Failure to do so shall constitute a violation.
(6) Renewal of tasting permits shall be concurrent with the renewal of the liquor-licensed drug store or retail liquor store liquor license. The initial tastings permit issued by the local licensing authority shall expire on the date of expiration of the liquor-licensed drug store or retail liquor store license. The initial permit application fee shall not be prorated.
(7) Except as herein modified, tastings shall be subject to the limitations of and conducted in compliance with C.R.S., § 12-47-301(10)(c), as amended from time to time. Compliance with the limitations and requirements set forth in said § 12-47-301(10)(c) and this section 3-14 shall be a term and condition of any tasting permit, whether or not expressly set forth in said permit. In addition thereto, the following conditions and limitations shall apply to all tasting permits issued within the corporate limits of the City of Durango:
a. No more than four (4) individual samples of up to one (1) ounce each of beer or wine may be provided to a customer. No more than four (4) individual samples of up to one-half ( 1/2) ounce of spirituous liquors may provided to a customer. Samples shall be provided free of charge.
b. Tastings may occur on no more than four (4) of the six (6) days (Monday through Saturday) of a given week that the licensee may be open for business and the total number of tastings shall not exceed one hundred and four (104) days per year.
c. Tastings shall be conducted during the licensee's operating hours, shall not exceed five (5) hours per day (which need not be consecutive), shall commence no earlier than 11:00 a.m., and shall not extend later than 7:00 p.m.
d. Samples used for tastings shall be served only in single use disposable cups or containers of a size that contains no more than one (1) ounce.
e. The licensee shall prohibit patrons from leaving the licensed premises with an unconsumed sample.
(8) Tastings permits may only be issued to liquor-licensed drug store or retail liquor store licensees operating within the city whose license is valid, in good standing and in full force and effect.
(c) Violations.
(1) A violation of the limitations of this section or C.R.S., § 12-47-301 by a liquor-licensed drug store or retail liquor store licensee, whether by his or her employees, agents, or otherwise, shall be the responsibility of the licensee in whose name the tasting permit has been issued.
(2) A liquor-licensed drug store or retail liquor store licensee conducting a tasting shall be subject to the same revocation, suspension and enforcement provisions as otherwise apply to the licensee for a violation of any part of C.R.S. § 12-47-301.
(d) Exemption from open container prohibition. Cups or containers utilized on licensed premises pursuant to a validly issued tasting permit shall be exempt from the open container prohibition set forth in section 3-10 of this Code.
(Ord. No. O-2006-2, § 1, 2-21-06)