(1) (a) Except as
provided in subsection (1)(c) of this section, a person operating a retail
establishment may offer and serve complimentary alcohol beverages for
consumption only on the premises if the retail establishment has been issued a
retail establishment permit, which must be renewed annually.
(b) A retail establishment permit holder shall not:
(I) Directly or indirectly, sell alcohol beverages;
(II) Serve alcohol beverages for more than four hours in a twenty-four-hour
period;
(III) Serve alcohol beverages more than twenty-four days per year;
(IV) Serve malt liquor with a serving size of more than twelve ounces;
(V) Serve vinous liquor with a serving size of more than five ounces, but the
five ounces of vinous liquor may be mixed with nonalcoholic beverages to make a
larger serving size;
(VI) Serve spirituous liquor with a serving size of more than one and one-half
ounces, but the one and one-half ounces of malt liquor may be mixed with
nonalcoholic beverages to make a larger serving size;
(VII) Serve a pre-mixed alcohol beverage drink of a serving size of more than
twelve ounces;
(VIII) Hold any other license issued under this article 3 or article 4 of this title
44;
(IX) Serve or distribute alcohol beverages between 2 a.m. and 7 a.m.;
(X) Permit a person under eighteen years of age to sell, dispense, or
participate in the sale or dispensing of an alcohol beverage; or
(XI) Permit a person eighteen years of age or older and under twenty-one
years of age to sell, dispense, or participate in the sale or dispensing of an alcohol
beverage, unless the person is supervised by another person who is on the
permitted premises and is at least twenty-one years of age.
(c) (I) This section applies to a retail establishment that is:
(A) An art gallery; or
(B) Any other retail establishment, except retail establishments described in
subsection (1)(c)(II) of this section, that has no more than twenty-five employees and
has retail sales of no more than five million dollars per year.
(II) This section does not apply to a retail establishment that:
(A) Sells firearms, motor vehicles, marijuana, gasoline, or diesel fuel;
(B) Educates students from kindergarten to twelfth grade or provides child
care; or
(C) Is a convenience store.
(2) (a) The state or local licensing authority may reject the application for a
retail establishment permit if the applicant fails to establish that the applicant is
able to offer complimentary alcohol beverages without violating this section or
creating a public safety risk to the neighborhood.
(b) Upon initial application, and for each renewal, an applicant must list each
day that alcohol beverages will be served, which days must not be changed without
a minimum of thirty days' written notice to the state and local licensing authorities.
(3) Neither the state nor a local licensing authority shall deny a retail
establishment permit based solely on the retail establishment's proximity to any
public or private school or the principal campus of a college, university, or seminary.
(4) A retail establishment shall not charge an entrance fee or a cover charge
in exchange for offering complimentary alcohol beverages for consumption only on
the premises.
(5) A retail establishment permit may be suspended or revoked in
accordance with section 44-3-601 if the permit holder violates this article 3 or any
rule adopted pursuant to this article 3 or fails to truthfully furnish any required
information in connection with a permit application.
(6) (a) Except as provided in subsection (6)(b) of this section, it is unlawful for
any owner, part owner, shareholder, or person interested directly or indirectly in a
retail establishment that holds a permit issued pursuant to this section to conduct,
own either in whole or in part, or be directly or indirectly interested in any other
business licensed pursuant to this article 3 or article 4 of this title 44.
(b) A retail establishment that holds a permit issued pursuant to this section
may have an interest in:
(I) Other retail establishments that hold a permit issued pursuant to this
section;
(II) A license described in section 44-3-401 (1)(j) to (1)(t), (1)(v), or (1)(w); 44-3-412 (1); or 44-4-104 (1)(c); or
(III) A financial institution referred to in section 44-3-308 (4).
(7) As used in this section, unless the context otherwise requires:
(a) Art gallery means a retail establishment that has the primary purpose
of exhibiting and offering for sale works of fine art as defined in section 6-15-101 or
precious or semiprecious metals or stones as defined in section 18-16-102.
(b) Retail establishment means an establishment that has the primary
purpose of selling goods or services to the public and that:
(I) Conducts the business described in subsection (7)(a) of this section at a
physical building in Colorado; and
(II) Derives less than fifty percent of the establishment's gross sales of
goods and services from the sale of food.
(8) A retail establishment issued a permit shall not intentionally allow more
than two hundred fifty people to be on the premises at one time when alcohol
beverages are being served.
(9) This section does not:
(a) Abrogate any insurance coverage required by law; or
(b) Authorize a retail establishment permit holder to violate:
(I) Section 44-3-901, including serving a visibly intoxicated person and
taking an alcohol beverage off the licensed premises; or
(II) Any zoning or occupancy ordinances or laws.