Colorado Off-Premises training 2015

Investigations Supervisor Ed Kulp

Colorado Liquor Enforcement Division

303-205-2302

Items to discuss during this presentation

1. Inspections2. Compliance Checks3. Signage4. Deliveries/Returns5. Unlawful Acts6. Age verification/Detection of fake ID's7. Definition of Licensed Premises8. Source of Alcohol9. Criminal/Civil Liability10. Tastings

Colorado Liquor Enforcement Division

• Lakewood 1881 Pierce Street, Suite 108A, Lakewood, CO 80214-1495Phone: 303-205-2300 FAX: 303-205-2341

• Colorado Springs2447 N. Union Blvd, Colorado Springs, CO 80909

• Phone: 719-594-8702 FAX: 719-594-8713

• Greeley2320 Reservoir Road, Greeley, CO 80634Phone: 970-356-3992 FAX: 970-378-8896

• Grand Junction632 Market Street – Suite G3, Grand Junction, CO 81506Phone: 970-248-7133 FAX: 970-248-7124

www.revenue.state.co.us

www.colorado.gov/pacific/liquor

•Information Resources and Forms

•Liquor Enforcement, Rules, Regulations

•New Manufacturer Sales Room Form

•Donated alcohol

•Bulletin Board – contains Director’s opinions

Local Licensing Authority

• The State of Colorado is a dual liquor licensing authority

• Both Division investigators and local law enforcement agencies have the statutory mandate to investigate liquor law violations

What constitutes a licensed premises?

• “licensed premises” means the premises specified in an application in which the licensee has been approved to sell alcohol. The licensee must submit a diagram of the licensed premises. This diagram is filed along with the application. The Local city/county clerk has copies of these diagrams.

Off-Premises Liquor Licenses

• Premises where liquor is sold for consumption off premises:

• Retail Liquor Stores, Grocery Stores, Convenience Stores, Brew Pubs (sale of own product for off-premises), manufacturer/wholesaler sales rooms, wineries

DELIVERIES

• Must be invoiced and delivered to the licensee that ordered product

RETURNS

Wholesalers are permitted to accept a return of alcohol beverages previously sold to retailers for ordinary and usual commercial reasons and to provide account credit or product exchange

Some reasons might include:

•

• Defective products • Broken containers• Error in products delivered• Discontinued products• Manufacturer's product change• Manufacturer's quality standards• Retailer's seasonal operation

Donations to Special Event Permit Holders

• Special Event Permit holders may purchase alcohol beverages from a licensed wholesaler, brewpub, limited winery, vintner’s restaurant, retail liquor store, or liquor licensed drugstore.

• Retail Liquor Stores and Liquor Licensed Drugstores may donate alcohol beverages to Special Event Permit holder if product is taken from existing stock.

• Wholesalers (including brewpubs, wineries, etc.) may only donate for hospitality and fund raising purposes (not for sale by the drink).

Age Requirements for:3.2% Beer Licenses

• Employees 18 and over can handle, stock, sell, serve or dispense 3.2% beer

• Employees under 18 can handle or stock 3.2% beer if supervised by someone at least 18 yrs. old

Age Requirements for: Off-Premises Liquor Licenses

• Employees of retail liquor stores must be at least 21 to sell all alcohol products.

• Person at least 18 and under direct supervision of person at least 21 may be employed but not take part in the sale or checking of identification.

Hours of Service3.2% Beer License

• May be sold from 5:00 a.m. until midnight.

• Everyday of the a year

Hours of ServiceOff-Premises Liquor Licenses

• May sell from 8:00 a.m. until midnight everyday except: Christmas

12-47-901 Unlawful Acts

• It is unlawful for any person to sell, serve, give away, dispose of, exchange or permit the sale, serving, giving, or procuring of any alcohol beverage to or for any person under the age of twenty-one years, to a visibly intoxicated person, or to a known habitual drunkard.

Valid Proof of Age• Colorado Law DOES NOT require proof of age.

• Colorado law DOES NOT prohibit underage persons from entering licensed liquor establishments.

• Colorado law DOES NOT require persons to carry proof of age.

• Colorado law DOES prohibit licensed establishments from selling/serving to anyone under 21.

Compliance ChecksAre done by both State & Local Authorities

• Effective Way to Measure Compliance

• Persons Will Be 18 to 20 Years of Age

• No Tricks or Disguises

• They will present their own ID or no ID

• Violations Will Result in a Summons and administrative actions

Did you know?

• That enforcement works?– Typically 15-20% of establishments targeted by

compliance checks are cited for selling alcohol to an underage person.

Did you know?

• How do young people get around purchase laws?– Older friends purchase– Fake ID– Targeting stores that don’t obey the laws– Purchasing from younger clerks

Age verification

• Licensee/clerk should always check for acceptable proof of age if there is any doubt about the age of the patron.

• If an acceptable proof of age is not available from the questionable patron, no service or sale should be provided.

Valid Proof of AgeTypes of accepted ID’s

• Any state issued Drivers License or ID card with a photo.• Military Identification• Passport• Alien Registration card• Mexican Drivers license• Canadian Drivers license• United States Territory Drivers License• I.N.S. Employment Authorization Card• All must be valid (NOT EXPIRED) and have a photo.

Colorado Identification

Colorado IdentificationRed Flag !

Detection of False ID• You must make a reasonable effort.• Hold the ID and feel for anything unusual • What about the lamination?• Check for photo hologram and state seal.• Look for DOR Directors Signature (Colorado) • Match photo to holder• Look at the print, does it seem too bold or too light?• Look at the background, is it blurred, can you see obvious

bubble jet print• Be familiar with the different state IDs, get a book.• Ask for second form of ID

http://www.driverslicenseguide.com/

Signs that may indicate Visible Intoxication

• Blood shot, Watery eyes, loss of eye contact, can’t focus.• Loud/Boisterous, much quieter, change in emotions.• Inability to pronounce words, slurring of words.• Loss of motor skills, staggering• Annoying behavior, overly friendly to strangers.• Difficulty in understanding questions.• Careless handling of money, abnormal tipping• Obnoxious behavior, Mean, aggressive or hostile.• Vomiting.• Reasonable person theory.

Reg. 47-900 Conduct of Establishment

• Each person licensed under Articles 46, 47, and 48 of title 12, and any employee or agent of such licensee shall conduct the licensed premises in a decent, orderly and respectable manner, and shall not permit on the licensed premises the serving or loitering of a visibly intoxicated person or habitual drunkard, nor shall the licensee, his employee or agent permit any activity or acts of disorderly conduct as defined by and provided for in section 18-9-106, C.R.S., nor shall a licensee permit rowdiness, undue noise, or other disturbances or activity offensive to the senses of the average citizen, or to the residents of the neighborhood in which the licensed establishment is located.

Inspection of Licensed Premises• Reg. 47-700

• The licensed premises, including any places of storage where alcohol beverages are stored or dispensed, shall be subject to inspection by the State or Local Licensing Authorities and their investigators, or peace officers, during all business hours and all other times of apparent activity, for the purpose of inspection or investigation.

Modification of Licensed Premises

• Regulation 47-302

– Licensee shall make no physical change, alteration or modification of the licensed premises without prior written consent of the local and state licensing authorities.

Sample diagram

New Stage

New Outdoor Patio

Source of Alcohol Beverages

• All retail licensees must purchase their alcohol beverage inventory from a licensed Colorado Brewpub, Winery or Wholesale licensee.

Consequences

• Personal Criminal Liability

• Civil Liability

• Administrative Penalties

• Other Costs

Criminal Liability

• Sale to minor or visibly intoxicated:

• Criminal = class two misdemeanor

3 to 12 months jail and/or $250 to

$1000.00 fine or both.

Administrative = suspension or revocation

of license and/or $200 to $5000 fine.

Civil Liability

• No licensee is civilly liable to any injured individual or his or her estate for any injury to such individual or damage to any property suffered because of the intoxication of any person due to the sale or service of any alcohol beverage to such person, except when:

• It is proven that the licensee willfully and knowingly sold or served any alcohol beverage to such person who was under the age of twenty-one years or who was visibly intoxicated

Administrative Actions

• If brought to the attention of the licensing authority that there is probable cause to believe that a licensee has violated any such law, rule or regulation, the licensing authority shall issue and cause to be served upon such licensee a notice of hearing and order to show why its license should not be suspended or revoked.

Administrative Penalties

• Fines

• Suspension

• Suspension and Fines

• Revocation of License

Temporary-Summary Suspension• Reg. 47-602• Where a licensing authority has reasonable

grounds to believe and finds that a licensee has been guilty of a deliberate and willful violation of any applicable law or regulation or that the public health, safety or welfare imperatively requires emergency action and incorporates such findings in its order, it may temporarily or summarily suspend the license pending proceedings for suspension or revocation which shall be promptly instituted and determined.

Tastings

• 12-47-103 - “Tastings” means the sampling of malt, vinous, or spiritous liquors that may occur on the premises of a retail liquor store licensee or liquor-licensed drugstore licensee.

Tastings Provisions

• Municipality or county must adopt an ordinance or resolution authorizing tastings

• Tastings shall be conducted only by persons who have completed a server training program that meets the standards set forth by the Liquor Enforcement Division

• Alcohol used in tastings shall be purchased through a licensed wholesaler, brew pub or winery

• Size of sample shall not exceed one ounce of malt or vinous liquor or one half ounce of spirituous liquor

Provisions Continued

• Tastings shall not exceed a total of five hours per day that need not be consecutive

• Tastings must be conducted only during the operating hours and in no case earlier then 11 a.m. or later then 7 p.m.

• Licensee shall prohibit patrons from leaving premise with an unconsumed sample

Provisions Continued

• Licensee shall promptly remove all open and unconsumed alcohol beverage samples from the premises or shall destroy the samples immediately following the completion of the sampling

• Licensee shall not serve more than four individual samples to a patron during tasting

Provisions Continued

• Licensee shall not serve a person who is under 21 years of age or who is visibly intoxicated

• Alcohol samples shall be in open containers and provided to patrons at no charge

• Tastings may occur on no more than four of the six days from a Monday to the following Saturday not to exceed 104 days per year

Provisions Continued

• No manufacturer of spirituous or vinous liquors shall induce a licensee through free goods or financial assistance

• Licensee shall bear the financial and all other responsibilities for a tasting

Questions?