§ 44-3-103 — Definitions
As used in this article 3 and article 4 of this title 44, unless the context otherwise requires:
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As used in this article 3 and article 4 of this title 44,
unless the context otherwise requires:
(1) Adult means a person lawfully permitted to purchase alcohol
beverages.
(2) Alcohol beverage means fermented malt beverage or malt, vinous, or
spirituous liquors; except that alcohol beverage shall not include confectionery
containing alcohol within the limits prescribed by section 25-5-410 (1)(i)(II).
(2.5) Alcohol beverage shipper licensee means a person that ships to
consumers vinous liquors that it received from a winery direct shipper's permittee
pursuant to section 44-3-104.
(3) Alternating proprietor licensed premises means a distinct and definite
area, as specified in an alternating use of premises application, that is owned by or
in possession of a person licensed pursuant to section 44-3-402, 44-3-403, 44-3-417, or 44-3-422 and within which the licensee and other persons licensed pursuant
to section 44-3-402, 44-3-403, 44-3-417, or 44-3-422 are authorized to
manufacture and store vinous liquors or malt liquors in accordance with this article
3.
(4) Bed and breakfast means an overnight lodging establishment that
provides at least one meal per day at no charge other than a charge for overnight
lodging and does not sell alcohol beverages by the drink.
(5) Brew pub means a retail establishment that manufactures not more
than one million eight hundred sixty thousand gallons of malt liquor on its licensed
premises or licensed alternating proprietor licensed premises, combined, each
calendar year.
(6) Brewery means any establishment where malt liquors are
manufactured, except brew pubs licensed under this article 3.
(7) Campus means property owned or used by an institution of higher
education to regularly provide students with education, housing, or college
activities.
(8) Campus liquor complex means an area within a campus that is licensed
to serve alcohol under section 44-3-413 (3).
(8.5) Catering company means a person, not including persons in the
mobile food services industry or food service industries, that:
(a) Is primarily engaged in providing event-based alcohol beverage services
for events:
(I) At a venue that does not possess a liquor license or permit; and
(II) That have snacks and sandwiches available at the event; and
(b) Has equipment and vehicles to transport meals, alcohol beverages, and
snacks to events or to prepare food at an off-premises site.
(9) Club means:
(a) A corporation that:
(I) Has been incorporated for not less than three years; and
(II) Has a membership that has paid dues for a period of at least three years;
and
(III) Has a membership that for three years has been the owner, lessee, or
occupant of an establishment operated solely for objects of a national, social,
fraternal, patriotic, political, or athletic nature, but not for pecuniary gain, and the
property as well as the advantages of which belong to the members;
(b) A corporation that is a regularly chartered branch, or lodge, or chapter of
a national organization that is operated solely for the objects of a patriotic or
fraternal organization or society, but not for pecuniary gain.
(10) Colorado grown means wine produced from one hundred percent
Colorado-grown grapes, other fruits, or other agricultural products containing
natural sugar, including honey, manufactured by a winery that is located in
Colorado and licensed pursuant to part 3 of this article 3.
(11) Common consumption area means an area designed as a common area
in an entertainment district approved by the local licensing authority that uses
physical barriers to close the area to motor vehicle traffic and limit pedestrian
access.
(11.5) Communal outdoor dining area means an outdoor space that is used
for food and alcohol beverage service by two or more licensees licensed under this
article 3 or article 4 of this title 44 as:
(a) A tavern;
(b) A hotel and restaurant;
(c) A brew pub;
(d) A distillery pub;
(e) A vintner's restaurant;
(f) A beer and wine licensee;
(g) A manufacturer that operates a sales room authorized under section 44-3-402 (2) or (7);
(h) A beer wholesaler that operates a sales room under section 44-3-407
(1)(b)(I);
(i) A limited winery;
(j) An entertainment facility;
(k) An optional premises;
(l) A fermented malt beverage and wine retailer licensed for consumption on
the premises; or
(m) A lodging facility.
(12) Distill or distillation means the process by which alcohol that is
created by fermentation is separated from the portion of the liquid that has no
alcohol content.
(13) Distillery means any establishment where spirituous liquors are
manufactured.
(14) Distillery pub means a retail establishment:
(a) Whose primary purpose is selling and serving food and alcohol beverages
for on-premises consumption; and
(b) That ferments and distills not more than eight hundred seventy-five
thousand liters of spirituous liquor on its licensed premises each calendar year.
(14.5) Educational class means a closed event on the premises of a retail
liquor store, during which consumers who are twenty-one years of age or older are
taught about alcohol beverages that are sold by the retail liquor store, including,
but not limited to, the history of the alcohol beverage, food pairings, and serving
suggestions.
(15) Entertainment district means an area that:
(a) Is located within a municipality, a city and county, or the unincorporated
area of a county and is designated in accordance with section 44-3-301 (11)(b) as an
entertainment district;
(b) Comprises no more than one hundred acres; and
(c) Contains at least twenty thousand square feet of premises that, at the
time the district is created, is licensed pursuant to this article 3 as:
(I) A tavern;
(II) A hotel and restaurant;
(III) A brew pub;
(IV) A distillery pub;
(V) A retail gaming tavern;
(VI) A vintner's restaurant;
(VII) A beer and wine licensee;
(VIII) A manufacturer that operates a sales room pursuant to section 44-3-402 (2) or (7);
(IX) A beer wholesaler that operates a sales room pursuant to section 44-3-407 (1)(b)(I);
(X) A limited winery;
(XI) An entertainment facility licensee;
(XII) An optional premises; or
(XIII) A lodging facility licensee.
(15.5) Entertainment facility means an establishment:
(a) In which the primary business is to provide the public with sports or
entertainment activities within its licensed premises; and
(b) That, incidental to its primary business, sells and serves alcohol
beverages at retail for consumption on the licensed premises and has sandwiches
and light snacks available for consumption on the licensed premises.
(16) Expert taster means an individual, other than a qualified student or
qualified employee, who is at least twenty-one years of age and who is employed in
the brewing industry or has demonstrated expertise or experience in brewing.
(17) Ferment or fermentation means the chemical process by which sugar
is converted into alcohol.
(18) Fermented malt beverage has the same meaning as provided in
section 44-4-103 (1).
(18.5) Fermented malt beverage and wine retailer means a retailer licensed
under article 4 of this title 44 to sell fermented malt beverages and wine, but not
spirituous liquors, in original sealed containers for consumption off the licensed
premises.
(19) Good cause, for the purpose of refusing or denying a license renewal
or initial license issuance, means:
(a) The licensee or applicant has violated, does not meet, or has failed to
comply with any of the terms, conditions, or provisions of this article 3 or any rules
promulgated pursuant to this article 3;
(b) The licensee or applicant has failed to comply with any special terms or
conditions that were placed on its license in prior disciplinary proceedings or arose
in the context of potential disciplinary proceedings;
(c) In the case of a new license, the applicant has not established the
reasonable requirements of the neighborhood or the desires of its adult inhabitants
as provided in section 44-3-301 (2); or
(d) Evidence that the licensed premises have been operated in a manner that
adversely affects the public health, welfare, or safety of the immediate
neighborhood in which the establishment is located, which evidence must include a
continuing pattern of fights, violent activity, or disorderly conduct. For purposes of
this subsection (19)(d), disorderly conduct has the meaning as provided for in
section 18-9-106.
(20) Hard cider means an alcohol beverage containing at least one-half of
one percent and less than seven percent alcohol by volume that is made by
fermentation of the natural juice of apples or pears, including but not limited to
flavored hard cider and hard cider containing not more than 0.392 grams of carbon
dioxide per hundred milliliters. For the purpose of simplicity of administration of
this article 3, hard cider shall in all respects be treated as a vinous liquor except
where expressly provided otherwise.
(21) Hotel means any establishment with sleeping rooms for the
accommodation of guests and having restaurant facilities.
(21.3) Independent pharmacy means a prescription drug outlet privately
owned by at least one licensed pharmacist with no ownership interest by or
affiliation with a chain or publicly owned pharmacy.
(21.5) Inflation mean the annual percentage change in the United States
department of labor's bureau of labor statistics consumer price index, or a
successor index, for Denver-Aurora-Lakewood for all items paid by urban
consumers.
(22) Inhabitant, with respect to cities or towns having less than forty
thousand population, means an individual who resides in a given neighborhood or
community for more than six months each year.
(23) License means a grant to a licensee to manufacture or sell alcohol
beverages as provided by this article 3.
(24) Licensed premises means the premises specified in an application for
a license under this article 3 that are owned or in possession of the licensee within
which the licensee is authorized to sell, dispense, or serve alcohol beverages in
accordance with this article 3.
(25) Limited winery means any establishment manufacturing not more than
one hundred thousand gallons, or the metric equivalent thereof, of vinous liquors
annually within Colorado.
(26) Liquor-licensed drugstore means any drugstore licensed by the state
board of pharmacy that has also applied for and has been granted a license by the
state licensing authority to sell malt, vinous, and spirituous liquors in original sealed
containers for consumption off the premises.
(27) Local licensing authority means the governing body of a municipality
or city and county, the board of county commissioners of a county, or any authority
designated by municipal or county charter, municipal ordinance, or county
resolution.
(28) Location means a particular parcel of land that may be identified by an
address or by other descriptive means.
(29) Lodging facility means an establishment:
(a) In which the primary business is to provide the public with sleeping
rooms and meeting facilities; and
(b) That sells and serves alcohol beverages at retail for consumption on the
licensed premises and has sandwiches and light snacks available for consumption
on the licensed premises.
(30) (a) Malt liquors includes beer and means any beverage obtained by the
alcoholic fermentation of any infusion or decoction of barley, malt, hops, or any
other similar product, or any combination thereof, in water containing not less than
one-half of one percent alcohol by volume.
(b) For purposes of licenses described in section 44-3-401 (1)(j) to (1)(p), (1)(s),
(1)(t), (1)(v), and (1)(w), malt liquors includes fermented malt beverages when
purchased from a retailer licensed pursuant to section 44-4-104 (1)(c).
(31) Meal means a quantity of food of such nature as is ordinarily
consumed by an individual at regular intervals for the purpose of sustenance.
(32) Medicinal spirituous liquors means any alcohol beverage, excepting
beer and wine, that has been aged in wood for four years and bonded by the United
States government and is at least one hundred proof.
(32.5) Off-premises retailer means any retailer licensed under this article 3
or article 4 of this title 44 that is allowed to sell alcohol beverages at retail for
consumption off the licensed premises.
(33) (a) Optional premises means:
(I) The premises specified in an application for a hotel and restaurant license
under this article 3 with related outdoor sports and recreational facilities for the
convenience of its guests or the general public located on or adjacent to the hotel
or restaurant within which the licensee is authorized to sell or serve alcohol
beverages in accordance with this article 3 and at the discretion of the state and
local licensing authorities; or
(II) The premises specified in an application for an optional premises license
located on an applicant's outdoor sports and recreational facility.
(b) For purposes of this subsection (33), outdoor sports and recreational
facility means a facility that charges a fee for the use of such facility.
(34) Package, packaged, or packaging means the process by which
wine is bottled, canned, kegged, or otherwise packed into a sealed container.
(35) Person means a natural person, partnership, association, company,
corporation, or organization or a manager, agent, servant, officer, or employee
thereof.
(36) Personal consumer means an individual who is at least twenty-one
years of age, does not hold an alcohol beverage license issued in this state, and
intends to use wine purchased under section 44-3-104 for personal consumption
only and not for resale or other commercial purposes.
(37) Powdered alcohol means alcohol that is prepared or sold in a powder
or crystalline form for either direct use or reconstitution.
(38) (a) Premises means a distinct and definite location, which may include
a building, a part of a building, a room, or any other definite contiguous area.
(b) Notwithstanding subsection (38)(a) of this section, for a winery, limited
winery, distillery, or brewery authorized to manufacture alcohol beverages pursuant
to section 44-3-402 or 44-3-403, the licensed premises may include up to two
noncontiguous locations, both of which are used for manufacturing purposes, within
a radius of ten miles.
(39) Promotional association means an association that is incorporated
within Colorado, organizes and promotes entertainment activities within a common
consumption area, and is organized or authorized by two or more people who own or
lease property within an entertainment district.
(40) Qualified employee means an individual who:
(a) Is employed by a state institution of higher education;
(b) Is engaged in manufacturing and tasting malt liquors for teaching or
research purposes; and
(c) Is at least twenty-one years of age.
(41) Qualified student means a student who:
(a) Is enrolled in a brewing class or program offered at or by a state
institution of higher education; and
(b) Is at least twenty-one years of age.
(42) Racetrack means any premises where race meets or simulcast races
with pari-mutuel wagering are held in accordance with the provisions of article 32
of this title 44.
(43) Rectify means to blend spirituous liquor with neutral spirits or other
spirituous liquors of different age.
(44) Rectifying plant means any establishment where spirituous liquors are
blended with neutral spirits or other spirituous liquors of different age.
(45) Resort complex means a hotel with at least fifty sleeping rooms and
that has related sports and recreational facilities for the convenience of its guests
or the general public located contiguous or adjacent to the hotel. For purposes of a
resort complex only, contiguous or adjacent means within the overall boundaries
or scheme of development or regularly accessible from the hotel by its members
and guests.
(46) Resort hotel means a hotel, as defined in subsection (21) of this
section, with well-defined occupancy seasons.
(47) Restaurant means an establishment, which is not a hotel as defined in
subsection (21) of this section, provided with special space, sanitary kitchen and
dining room equipment, and persons to prepare, cook, and serve meals, where, in
consideration of payment, meals, drinks, tobaccos, and candies are furnished to
guests and in which nothing is sold excepting food, drinks, tobaccos, candies, and
items of souvenir merchandise depicting the theme of the restaurant or the
geographical or historic subjects of the nearby area. Any establishment connected
with any business wherein any business is conducted, excepting hotel business,
limited gaming conducted pursuant to article 30 of this title 44, or the sale of food,
drinks, tobaccos, candies, or such items of souvenir merchandise, is declared not to
be a restaurant. Nothing in this subsection (47) shall be construed to prohibit the
use in a restaurant of orchestras, singers, floor shows, coin-operated music
machines, amusement devices that pay nothing of value and cannot by adjustment
be made to pay anything of value, or other forms of entertainment commonly
provided in restaurants.
(48) Retail liquor store means an establishment engaged only in the sale of
malt, vinous, and spirituous liquors in sealed containers for consumption off the
premises and nonalcohol products, but only if the annual gross revenues from the
sale of nonalcohol products do not exceed twenty percent of the retail liquor store
establishment's total annual gross sales revenues, as determined in accordance
with section 44-3-409 (1)(b).
(49) Sales room means an area in which a licensed winery, pursuant to
section 44-3-402 (2); limited winery, pursuant to section 44-3-403 (2)(e); distillery,
pursuant to section 44-3-402 (7); or beer wholesaler, pursuant to section 44-3-407
(1)(b), sells and serves alcohol beverages for consumption on the licensed premises,
sells alcohol beverages in sealed containers for consumption off the licensed
premises, or both.
(50) School means a public, parochial, or nonpublic school that provides a
basic academic education in compliance with school attendance laws for students
in grades one through twelve. Basic academic education has the same meaning as
set forth in section 22-33-104 (2)(b).
(51) Sealed containers means any container or receptacle used for holding
an alcohol beverage, which container or receptacle is corked or sealed with any
stub, stopper, or cap.
(52) Sell or sale means any of the following: To exchange, barter, or
traffic in; to solicit or receive an order for except through a licensee licensed under
this article 3 or article 4 or 5 of this title 44; to keep or expose for sale; to serve
with meals; to deliver for value or in any way other than gratuitously; to peddle or to
possess with intent to sell; to possess or transport in contravention of this article 3;
to traffic in for any consideration promised or obtained, directly or indirectly.
(53) Sell at wholesale means selling to any other than the intended
consumer of malt, vinous, or spirituous liquors. Sell at wholesale shall not be
construed to prevent a brewer or wholesale beer dealer from selling malt liquors to
the intended consumer, thereof, or to prevent a licensed manufacturer or importer
from selling malt, vinous, or spirituous liquors to a licensed wholesaler.
(54) Spirituous liquors means any alcohol beverage obtained by
distillation, mixed with water and other substances in solution, and includes among
other things brandy, rum, whiskey, gin, powdered alcohol, and every liquid or solid,
patented or not, containing at least one-half of one percent alcohol by volume and
which is fit for use for beverage purposes. Any liquid or solid containing beer or
wine in combination with any other liquor, except as provided in subsections (30)
and (59) of this section, shall not be construed to be fermented malt or malt or
vinous liquor but shall be construed to be spirituous liquor.
(55) State licensing authority means the executive director or the deputy
director of the department if the executive director so designates.
(56) Tastings means 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
section 44-3-301 (10).
(57) Tavern means an establishment serving alcohol beverages in which
the principal business is the sale of alcohol beverages at retail for consumption on
the premises and where sandwiches and light snacks are available for consumption
on the premises.
(58) Tax-paid wine means vinous liquors on which federal excise taxes
have been paid.
(59) (a) Vinous liquors means wine and fortified wines that:
(I) Contain not less than one-half of one percent and not more than twenty-one percent alcohol by volume; and
(II) Are produced by the fermentation of the natural sugar contents of fruits
or other agricultural products containing sugar.
(b) For the purpose of simplifying the administration of this article 3, sake is
deemed a vinous liquor.
(60) Vintner's restaurant means a retail establishment that sells food for
consumption on the premises and that manufactures not more than nine hundred
twenty-five thousand gallons of wine on its premises or licensed alternating
proprietor licensed premises, combined, each calendar year.
(60.5) Wine means vinous liquors.
(61) Winery means any establishment where vinous liquors are
manufactured; except that the term does not include a vintner's restaurant licensed
pursuant to section 44-3-422.
Colorado § 44-3-103 (Definitions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.