(1)(a) No license
provided by this article 3 or article 4 or 5 of this title 44 shall be issued to or held
by:
(I)Any person until the annual fee therefor has been paid;
(II)Any person who is not of good moral character;
(III)Any corporation, any of whose officers, directors, or stockholders
holding ten percent or more of the outstanding and issued capital stock thereof are
not of good moral character;
(IV)Any partnership, association, or company, any of whose officers, or any
of whose members holding ten percent or more interest therein, are not of good
moral character;
(V)Any person employing, assisted by, or financed in whole or in part by any
other person who is not of good character and reputation satisfactory to the
respective licensing authorities;
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(1) (a) No license
provided by this article 3 or article 4 or 5 of this title 44 shall be issued to or held
by:
(I) Any person until the annual fee therefor has been paid;
(II) Any person who is not of good moral character;
(III) Any corporation, any of whose officers, directors, or stockholders
holding ten percent or more of the outstanding and issued capital stock thereof are
not of good moral character;
(IV) Any partnership, association, or company, any of whose officers, or any
of whose members holding ten percent or more interest therein, are not of good
moral character;
(V) Any person employing, assisted by, or financed in whole or in part by any
other person who is not of good character and reputation satisfactory to the
respective licensing authorities;
(VI) Any person unless the person's character, record, and reputation are
satisfactory to the respective licensing authority;
(VII) Any natural person under twenty-one years of age.
(b) (I) In making a determination as to character or when considering the
conviction of a crime, a licensing authority shall be governed by the provisions of
section 24-5-101.
(II) With respect to arts or club license applications, an investigation of the
character of the president or chair of the board and the operational manager shall
be deemed sufficient to determine whether to issue the arts or club license to the
applicant.
(2) (a) No license provided by this article 3 shall be issued to or held by a
peace officer described in section 16-2.5-121, 16-2.5-122, 16-2.5-123, 16-2.5-125, 16-2.5-126, 16-2.5-128, or 16-2.5-129, or the state licensing authority or any of its
inspectors or employees.
(b) A peace officer described in section 16-2.5-103, 16-2.5-105, 16-2.5-108,
16-2.5-132, or 16-2.5-149 may not obtain or hold a license under this article 3 to
operate a licensed premises that is located within the same jurisdiction that
employs the peace officer.
(3) (a) In investigating the qualifications of the applicant or a licensee, the
local licensing authority may have access to criminal history record information
furnished by a criminal justice agency, subject to any restrictions imposed by such
agency. In the event the local licensing authority takes into consideration
information concerning the applicant's criminal history record, the local licensing
authority shall also consider any information provided by the applicant regarding
such criminal history record, including but not limited to evidence of rehabilitation,
character references, and educational achievements, especially those items
pertaining to the period of time between the applicant's last criminal conviction and
the consideration of the application for a license.
(b) As used in subsection (3)(a) of this section, criminal justice agency
means any federal, state, or municipal court or any governmental agency or subunit
of such agency that performs the administration of criminal justice pursuant to a
statute or executive order and that allocates a substantial part of its annual budget
to the administration of criminal justice.
(c) At the time of the application for a license, the applicant shall submit
fingerprints and file personal history information concerning the applicant's
qualifications for a license on forms prepared by the state licensing authority. The
state and local licensing authorities shall submit the fingerprints to the Colorado
bureau of investigation for the purpose of conducting fingerprint-based criminal
history record checks. The Colorado bureau of investigation shall forward the
fingerprints to the federal bureau of investigation for the purpose of conducting
fingerprint-based criminal history record checks. When the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this
section reveal a record of arrest without a disposition, the licensing authority shall
require the applicant to submit to a name-based judicial record check, as defined in
section 22-2-119.3 (6)(d). The licensing authorities shall use the information
resulting from the fingerprint-based criminal history record check and, if
applicable, name-based judicial record check to investigate and to determine if an
applicant is qualified for a license pursuant to this article 3 and article 4 of this title
44. The licensing authority may verify any of the information required to be
submitted by an applicant pursuant to this section. An applicant shall not be
required to submit additional information beyond that required in this subsection (3)
unless the licensing authority has determined any of the following:
(I) The applicant has misrepresented a material fact;
(II) The applicant has an established criminal history record;
(III) A prior criminal or administrative proceeding determined that the
applicant violated alcohol beverage laws;
(IV) The information submitted by an applicant is incomplete; or
(V) The character, record, or reputation of the applicant, his or her agent, or
his or her principal is such that a potential violation of this article 3 or article 4 of
this title 44 may occur if a license is issued to the applicant.