STATEMENT OF AUTHORITY, BASIS AND PURPOSE FOR 
PROPOPSED AMENDMENT TO REGULATION 47-312, 1 C.C.R. 203-2
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION

Statement of Authority, Basis and Purpose:

The statutory authority for this regulation is found at subsections 12-47-202(1)(b) and 12-47-202(2)(a) C.R.S.  The purpose of the change to 1 C.C.R. 203-2, Regulation 47-312 is to clarify that approval of a change of location must be obtained from the local licensing authority (if applicable) and state licensing authority prior to a change of location for a retail license but that permits are not issued.

Regulation 47-312. Change of Location.

C.	For retail licenses, no change of location shall be permitted until the state licensing authority has, after approval of the local licensing authority, considered the application and such additional information as they may require, and approved of such change. The licensee shall, within sixty (60) days of approval, change the location of its licensed premises to the place specified therein. Once at the new location, the licensee shall no longer conduct the manufacture or sale of alcohol beverages at the former location. A local licensing authority may, at its discretion, extend the time to change the location of the licensed premises, for good cause shown. However, no extension that is beyond twelve (12) months from the original date of approval shall be granted.

D.	For those licensees not subject to approval by the local licensing authority, no change of location shall be permitted until the state licensing authority has considered the application and such additional information as it may require, and approved of such change. The licensee shall, within sixty (60) days of approval, change the location of its licensed premises to the place specified therein. Once at the new location, the licensee shall no longer conduct the manufacture or sale of alcohol beverages at the former location. The state licensing authority may, at its discretion, extend the time to change the location, for good cause shown. However, no extension that is beyond twelve months from the original date of approval shall be granted.

STATEMENT OF AUTHORITY, BASIS AND PURPOSE FOR 
PROPOPSED REGULATION 47-328, 1 C.C.R. 203-2
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION

Statement of Authority, Basis and Purpose:

The statutory authority for this regulation is found at subsections 12-47-202(1)(b) and 12-47-202(2)(a), C.R.S.  The purpose of this rule is to establish a uniform procedure to report to the state licensing authority the creation of a new or any change to an existing entertainment district established pursuant to subsection 12-47-301(11) in order to notify the division of the existence of such entertainment district and assist the state licensing authority in the effective administration and enforcement of the Colorado Liquor Code and inform the Liquor Enforcement Division of the licensed premises, common consumption areas, and hours of operation of any entertainment district created by local licensing authorities.

Regulation 47-328.  Entertainment districts.  

Within fifteen (15) days of the creation of an entertainment district pursuant to 12-47-301(11), A local licensing authority shall notify the state licensing authority of the entertainment district, and provide (1) a map of the entertainment district and any common consumption areas, (2) a list of licensed premises attached to any common consumption area, and (3) the hours of operation for any common consumption area and attached licensed premises.  changes to an existing entertainment district shall be reported to the state licensing authority by the local licensing authority within fifteen (15) days of such changes.

STATEMENT OF AUTHORITY, BASIS AND PURPOSE FOR 
PROPOPSED REGULATION 47-506, 1 C.C.R. 203-2
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION

Statement of Authority, Basis and Purpose:

The statutory authority for this regulation is found at subsection 12-47-501(1.5).  The purpose of this regulation is to provide transparency in the publication of application fees and in reducing state fees identified in subsection 12-47-501(1) in order to reduce uncommitted reserves of the fund pursuant to section 24-75-402(3), C.R.S.  After the uncommitted reserves of the fund are sufficiently reduced, the Executive Director may by rule or as otherwise provided by law may increase the amount of the fees as provided in section 24-75-402(4).

Regulation 47-506.  Fees. 

Below are the fees set by the State Licensing Authority pursuant to Sections 12-47-501(2) and 12-47-501(3), C.R.S.

Alternating Proprietor Licensed Premises					$  150.00
Application for New License							$  600.00
Application for New License with Concurrent Review				$  700.00
Application for Transfer License							$  600.00
Art Gallery Permit								$    71.25
Bed & Breakfast Permit								$    50.00
Branch Warehouse or Warehouse Storage Permit				$  100.00
Change of Corporate or Trade Name						$    50.00
Change of Location								$  150.00
Corporate/LLC Change (Per Person)						$  100.00
Duplicate Liquor License							$    50.00
Limited Liability Change								$  100.00
Manager Registration (Hotel/Restaurant or Tavern)				$    75.00
Master File Background								$  250.00
Master File Location Fee (Per Location)						$    25.00
Modification of License Premises (City or County)				$  150.00
New Product Registration (Per Unit)						$      5.00
Optional Premises Added to H&R License (Per Unit)				$  100.00
Retail Warehouse Storage Permit						$  100.00
Wine Festival Permit								$    25.00
Wine Direct Shipment Permit							$    50.00

Subpoena Testimony (Per Hour)							$    50.00

Minimum of four (4) hours of appearance or on-call or travel time to court and mileage, meals, and lodging at state employee per-diem rate. Actual hourly rate for all hours in excess of four (4) hours.

STATEMENT OF AUTHORITY, BASIS AND PURPOSE FOR 
PROPOPSED REGULATION 47-601, 1 C.C.R. 203-2
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION

Statement of Authority, Basis and Purpose:

The statutory authority for this regulation is found at subsections 12-47-202(1)(b) and 12-47-202(2)(a), C.R.S.  The purpose of this regulation is to provide an intermediate step between a warning and a suspension in the discipline process for alleged violations of the Colorado Liquor Code and rules; an assurance of voluntary compliance provides a tool to gain voluntary compliance without suspending a liquor license.   

Regulation 47- 601.  Assurance Of Voluntary Compliance. 

The Liquor Enforcement Division Director or Local Licensing Authority may accept an Assurance of Voluntary Compliance regarding any act or practice alleged to violate Articles 46, 47 or 48  of title 12, C.R.S., or the rules and regulations thereunder, by a licensee who has engaged in, is engaging in, or is about to engage in such acts or practices. The Assurance must be in writing and may include a stipulation for the voluntary payment of the costs of the investigation.  An Assurance of Voluntary Compliance may not be considered an admission of a violation for any purpose by the State or Local licensing authority; however, proof of failure to comply with the Assurance of Voluntary Compliance is prima facie evidence of a violation of articles 46, 47 or 48 of title 12, C.R.S., or the rules and regulation thereunder, not to exceed nine (9) months from the date of executed agreement. The State Licensing Authority or Local Licensing Authority may approve or review an Assurance of Voluntary Compliance executed by their respective agencies.

STATEMENT OF AUTHORITY, BASIS AND PURPOSE FOR 
PROPOPSED AMENDMENT TO REGULATION 47-604, 1 C.C.R. 203-2
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION

Statement of Authority, Basis and Purpose:

The statutory authority for this regulation is found at subsections 12-47-202(1)(b) and 12-47-202(2)(a) C.R.S.  The purpose of the changes to Regulation 47-604 is to make the regulation consistent with new Regulation 47-601 and incorporate assurance of voluntary compliance into the existing regulation concerning compliance check penalties; this regulation assists state and local licensing authorities with standard penalty guidelines for violations of compliance checks and assists the regulated community in understanding the range of penalties for compliance check violations.

Regulation 47-604. Compliance Check Penalties.  

When a licensing authority finds that a licensee has sold alcohol beverages to a minor and that said violation was investigated or detected by using a person under twenty-one years of age to purchase alcohol beverages from the licensee, the licensing authority may consider the following penalties to be imposed for the violation:
	
A.	1.	First Offense - (within one year) A written warning, Assurance of Voluntary Compliance or, up to a 15 day suspension. Accepting a fine (within the provisions of C.R.S. 12-47-601) in lieu of actual suspension is at the discretion of the licensing authority, as is holding a portion of the suspension time in abeyance for a period of time.

2.	As an inducement for licensees to provide training for servers, because server training has proven
to be an aid in the reduction of violations, it is recommended that, where there are no aggravating circumstances, a licensee who has fulfilled the requirements of a Responsible Vendor pursuant to 12-47-1002, C.R.S. be issued a warning, Assurance of Voluntary Compliance, or up to five (5) days suspension on the first violation.

B.	Second Offense (within one year) - A 5 to 25 day suspension. If no fine was paid or suspension served at the time of the first offense, it would be within the discretion of the licensing authority to accept a fine (within the provisions of C.R.S. 12-47-601) in lieu of actual days of suspension and/or to hold a portion of the suspension time in abeyance for a period of time.

C.	Third Offense (within two years) – 15 to 40 day suspension.

E.	Licensing Authorities may also consider mitigating and aggravating factors when considering the imposition of the penalty. These factors may include:

	2.	Licensee's past history of success or failure with compliance checks.

	4.	Prior violations/prior corrective action(s) and their effectiveness.

STATEMENT OF AUTHORITY, BASIS AND PURPOSE FOR 
PROPOPSED AMENDMENT TO REGULATION 47-605, 1 C.C.R. 203-2
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION

Statement of Authority, Basis and Purpose:

The statutory authority for this regulation is found at subsections 12-47-202(1)(b), 12-47-202(2)(a), and 12-47-1002(2), C.R.S.  The purpose of this regulation is to establish record keeping requirements for program providers for the Responsible Alcohol Beverage Vendor Program.

Regulation 47-605. Responsible Alcohol Beverage Vendor and Permitted Tastings by Retail Liquor Stores and Liquor Licensed Drugstores.  

F. Records Retention

The certified seller – server training program providers for the Responsible Alcohol Beverage Vendor Program must keep proof of attendance and records of successful completion of the training for a minimum of three (3) years and make the records available to the Liquor Enforcement Division upon request.

STATEMENT OF AUTHORITY, BASIS AND PURPOSE FOR 
PROPOPSED AMENDMENT TO REGULATION 47-912, 1 C.C.R. 203-2
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION

Statement of Authority, Basis and Purpose:

The statutory authority for this regulation is found at subsections 12-47-202(1)(b) and 12-47-202(2)(a), C.R.S.  The purpose of this change to Regulation 47-912 is to add to the list of acceptable identification commonly used forms of identification that have been determined to be acceptable by the state licensing authority.

Regulation 47-912. Identification.  

4.	A passport, or passport identification card.

7.	A valid consular identification card from any foreign country.