§ 44-3-311 — Public notice - posting and publication - definition

Colorado § 44-3-311

• Jurisdiction: Colorado
• Title 44: Revenue -
• Art.: Alcohol Beverages

Text

(1) Upon
receipt of an application, except an application for renewal or for transfer of
ownership, a local licensing authority may schedule a public hearing upon the
application not less than thirty days after the date of the application and shall post
and publish the public notice of the hearing not less than ten days prior to the
hearing. If a public hearing is scheduled, the local licensing authority shall give
public notice by posting a sign in a conspicuous place on the premises for which
application has been made and by publication in a newspaper of general circulation
in the county in which the premises are located.

(2) Notice given by posting shall include a sign of suitable material, not less
than twenty-two inches wide and twenty-six inches high, composed of letters not
less than one inch in height and stating the type of license applied for, the date of
the application, the date of the hearing, and the name and address of the applicant,
and such other information as may be required to fully apprise the public of the
nature of the application. If the applicant is a partnership, the sign shall contain the
names and addresses of all partners, and if the applicant is a corporation,
association, or other organization, the sign shall contain the names and addresses
of the president, vice president, secretary, and manager or other managing officers.

(3) Notice given by publication shall contain the same information as that
required for signs.

(4) If the building in which the alcohol beverage is to be sold is in existence
at the time of the application, any sign posted as required in subsections (1) and (2)
of this section shall be placed so as to be conspicuous and plainly visible to the
general public. If the building is not constructed at the time of the application, the
applicant shall post the premises upon which the building is to be constructed in
such a manner that the notice shall be conspicuous and plainly visible to the
general public.

(5) (a) At the public hearing held pursuant to this section, any party in
interest shall be allowed to present evidence and to cross-examine witnesses.

(b) As used in this subsection (5), party in interest means any of the
following:

(I) The applicant;

(II) An adult resident of the neighborhood under consideration;

(III) The owner or manager of a business located in the neighborhood under
consideration;

(IV) The principal or representative of any school located within five hundred
feet of the premises for which the issuance of a license pursuant to section 44-3-309 (1) is under consideration.

(c) The local licensing authority, in its discretion, may limit the presentation
of evidence and cross-examination so as to prevent repetitive and cumulative
evidence or examination.

(d) Nothing in this subsection (5) shall be construed to prevent a
representative of an organized neighborhood group that encompasses part or all of
the neighborhood under consideration from presenting evidence subject to this
section. The representative shall reside within the neighborhood group's
geographic boundaries and shall be a member of the neighborhood group. The
representative shall not be entitled to cross-examine witnesses or seek judicial
review of the licensing authority's decision.

Legislative History

Source: L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 985, � 2, effective October 1. L. 2024: (1) amended, (SB 24-231), ch. 205, p. 1253, � 7, effective August 7.