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Boulder Revised Code Home

1. Charter
2. Title 1 General Administration
3. Title 2 Government Organization
4. Title 3 Revenue and Taxation
5. Title 4 Licenses and Permits
1. Chapter 4-1 General Licensing Provisions
2. »Chapter 4-2 Beverages License
3. Chapter 4-3 Auctioneer License
4. Chapter 4-4 Building Contractor License
5. Chapter 4-5 Circus, Carnival, and Menagerie License
6. Chapter 4-6 Contractor in the Public Right-of-Way License
7. Chapter 4-7 Dog License
8. Chapter 4-8 Electrical Contractor Registration
9. Chapter 4-9 Food Service Establishment and Food Vending Machine License (Repealed)
10. Chapter 4-10 Itinerant Merchant License
11. Chapter 4-11 Mall Permits and Leases
12. Chapter 4-12 Repealed
13. Chapter 4-13 Mechanical Contractor License
14. Chapter 4-14 Mobile Home Park Permit and Mobile Home Installer's License
15. Chapter 4-15 Plumbing Contractor and Apprentice Plumber License
16. Chapter 4-16 Police Alarm Systems
17. Chapter 4-17 Secondhand Dealer and Pawnbroker License
18. Chapter 4-18 Street, Sidewalk, and Public Property Use Permits
19. Chapter 4-19 Taxi Driver License (Repealed)
20. Chapter 4-20 Fees
21. Chapter 4-21 Sign Contractor License
22. Chapter 4-22 Elevator, Dumbwaiter, Materials Lift, Escalator, and Moving Walk License
23. Chapter 4-23 Neighborhood Parking Zone Permits
24. Chapter 4-24 Parks and Open Space Parking Permits
25. Chapter 4-25 Fire Contractor License
26. Chapter 4-26 Cemetery Permits
27. Chapter 4-27 News Box Leases and Regulation
6. Title 5 General Offenses
7. Title 6 Health, Safety, and Sanitation
8. Title 7 Regulation of Vehicles, Pedestrians, and Parking
9. Title 8 Parks, Open Space, Streets, and Public Ways
10. Title 9 Land Use Regulation
11. Title 10 Structures
12. Title 11 Utilities and Airport
13. Title 12 Human Rights
14. Title 13 Elections and Campaign Disclosures and Activities
15. Title 14 Arts
16. Index
17. Ordinances Pending Codification

Page Contents

• 4-2-1 Legislative Intent
• 4-2-2 City License to Sell Required
• 4-2-3 Authority to Issue City Licenses
• 4-2-4 State Law Procedures Apply
• 4-2-5 Obligations of Licensee
• 4-2-6 Revocation and Suspension of City License
• 4-2-7 Term and Renewal of City Licenses
• 4-2-8 Transfer of License
• 4-2-9 License Fees
• 4-2-10 Hotel and Restaurant Optional Premises License
• 4-2-11 Tastings

Chapter 4-2: Beverages License²

4-2-1 Legislative Intent.

The purpose of this chapter is to protect the public health, safety, and welfare by requiring all persons to be licensed by the city to sell or offer for sale any liquor or 3.2 beer. The city council intends that the city issue local licenses for sale of such beverages, as authorized by state law, and that the city's licensing requirements be consistent with those for state licenses under state law.

4-2-2 City License to Sell Required.

(a) No person shall sell or offer for sale any malt, vinous, or spirituous liquor³ in the city without first having obtained a city license therefor under the provisions of this chapter and laws of the State of Colorado,⁴ in addition to any other license required by the state.

(b) No person shall sell or offer for sale any fermented malt beverages⁵ without first having obtained a city license therefor under the provisions of this chapter and the laws of the State of Colorado,⁶ in addition to any other license required by the state.

(c) Nothing in this code shall be deemed to require a person to obtain a separate city license in order to sell or offer for sale any malt, vinous, or spirituous liquor or fermented malt beverage pursuant to a special event permit issued by the State of Colorado.⁷

Ordinance No. 5187 (1989)

4-2-3 Authority to Issue City Licenses.

(a) An applicant for a city license under this chapter shall apply therefor to the Beverage Licensing Authority established by section 2-3-3, "Beverage Licensing Authority," B.R.C. 1981, on forms provided by the authority.

(b) The authority may issue the following types of city licenses:

(1) Retail liquor store;

(2) Liquor-licensed drugstore;

(3) Beer and wine;

(4) Hotel and restaurant;

(5) Tavern;

(6) Club;

(7) Arts;

(8) Racetrack;

(9) Brew pub;

(10) Fermented malt beverage on-premises;

(11) Fermented malt beverage off-premises;

(12) Fermented malt beverage on-premises and off-premises;

(13) Hotel and restaurant with optional premises; and

(14) Tastings of alcoholic beverages conducted on licensed retail liquor stores and liquor-licensed drugstore premises.

(c) In order to qualify for a city license under this chapter, an applicant must meet all conditions for the issuance of the parallel state license prescribed by the Colorado Liquor Code,⁸ for malt, vinous, and spirituous liquors, and the Colorado Beer Code,⁹ for fermented malt beverages, except that the fees for a city license are those prescribed by section 4-20-2, "Alcohol and Fermented Malt Beverage License and Application Fees," B.R.C. 1981.

Ordinance Nos. 5347 (1990); 5835 (1996); 7043 (2000); 7380 (2004)

4-2-4 State Law Procedures Apply.

(a) Provisions of the Colorado Liquor Code and the Colorado Beer Code governing procedures for applications, hearing, and decisions for state liquor or fermented malt beverages apply for city licenses.

(1) The principal campus of the University of Colorado is eliminated from the application of the five hundred foot distance restriction of subparagraph 12-47-313(1)(d)(I), C.R.S., for hotel-restaurant liquor licenses only. For the purposes of this section, the principal campus is defined as the area generally circumscribed by Broadway Street on the west; Baseline Road on the south; 28th Street, Colorado Avenue and Folsom Street on the east; and Boulder Creek, 17th Street and University Avenue on the north.

(2) The five hundred-foot distance restrictions of subparagraph 12-47-313(1)(d)(I), C.R.S. as it applies to the principal campus of Boulder High School shall be changed to four hundred feet for hotel-restaurant liquor licenses only. In addition, the distance change shall only apply to establishments with full kitchen facilities, with a seating capacity not to exceed thirty-five, and with a square footage not to exceed 1,200 square feet.

(b) The optional procedures¹⁰ set forth in subsections 12-47-601(3) to (6), C.R.S., are accepted and adopted for application by the Beverage Licensing Authority.

Ordinance Nos. 5069 (1987); 5317 (1990); 5347 (1990); 5348 (1991); 7276 (2003)

4-2-5 Obligations of Licensee.

No person licensed under this chapter shall fail to comply with all applicable provisions of state law and applicable requirements of this code and any ordinances of the city regulating the conduct of the licensed business.

4-2-6 Revocation and Suspension of City License.

The authority may suspend or revoke the license of any licensee who has had its corresponding state license suspended or revoked.

4-2-7 Term and Renewal of City Licenses.

(a) The term of the city license issued under this chapter is twelve months from the date of issuance.

(b) Applicants for renewal of city licenses shall apply to the Beverage Licensing Authority on or before the forty-fifth day prior to the date of expiration of the license.

Ordinance No. 5347 (1990))

4-2-8 Transfer of License.

No person licensed under this chapter shall transfer the city license to another person or to another location without the prior approval of the Beverage Licensing Authority. Standards for transfer of a city license are those applicable to transfers of state licenses under state law.

Ordinance No. 5347 (1990)

4-2-9 License Fees.

The city manager shall issue all licenses granted by the authority upon receipt of the license fee prescribed by subsection 4-20-2(d), B.R.C. 1981.

4-2-10 Hotel and Restaurant Optional Premises License.

(a) The authority may allow hotel and restaurant licenses to include an optional premises authorization as part of a hotel and restaurant license in accordance with the provisions of 12-47-310, C.R.S., the provisions of this section, and all other standards applicable to the issuance of licenses under the Colorado Liquor Code and this chapter.

(b) Such authorization may only be considered when the premises to be licensed is:

(1) A golf course located upon an outdoor sports and recreation facility as defined in 12-47-103(22)(a)(11) and (22)(b), C.R.S.; or

(2) Chautauqua Park.

(c) There shall be no minimum size requirement for Chautauqua Park or for the golf course facilities which may be eligible for the approval of an optional premises authorization as part of a hotel and restaurant license. However, the authority may consider the size of the particular outdoor sports and recreational facility in relation to the number of optional premises requested for the facility.

(d) There shall be no restrictions on the number of optional premises which any one hotel and restaurant license may have at Chautauqua Park or on a golf course facility. However, any applicant requesting approval of more than one optional premises shall demonstrate the need for each optional premises.

(e) When submitting an application for the approval of authorization of optional premises as part of a hotel and restaurant license, an applicant shall also submit the following information:

(1) A map or other drawing illustrating the facility boundaries and the approximate location or locations where alcoholic beverages will be sold and consumed;

(2) A description of the method which shall be used to identify the boundaries of the optional premises when in use;

(3) A description of the provisions to ensure the applicant's control over each area designated as an optional premises; and

(4) A description of the provisions which have been made for storing malt, vinous and spirituous liquors in a secured area on or off the optional premises for the future use on the optional premises.

(f) An application for a new hotel and restaurant license which includes a request for authorization of optional premises, shall be processed in the same manner as any other new license application. An application for an optional premises authorization filed in connection with an existing hotel and restaurant license shall be processed in the same manner as an application to change, alter or modify the licensed premises.

Ordinance Nos. 7043 (2000); 7276 (2003)

4-2-11 Tastings.

No retail liquor store or liquor-licensed drugstore licensee shall conduct alcoholic beverage tastings unless a license has been obtained in accordance with this section and pursuant to the requirements and limitations set forth in section 12-47-301(10), C.R.S. The beverage licensing authority is authorized to issue tasting licenses in accordance with the requirements and limitations of section 12-47-301(10), C.R.S. At its discretion, the authority may authorize the city clerk to issue those tasting licenses.

Ordinance No. 7380 (2004)

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² Adopted by Ordinance No. 4651. Amended by Ordinance No. 4722. Derived from Ordinance Nos. 3280, 3321, 4130, 4334.

³ Section 5-7-1, "Definitions," B.R.C. 1981.

⁴ 12-47-102, C.R.S.

⁵ Section 5-7-1, "Definitions," B.R.C. 1981.

⁶ 12-46-101 et seq., C.R.S.

⁷ 12-48-101 et seq., C.R.S.

⁸ 12-47-101 et seq., C.R.S.

⁹ 12-46-101 et seq., C.R.S.

¹⁰ These procedures concern discretionary acceptance by the authority of a proposal to pay a fine in lieu of license suspension.

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