Liquor Licensing Frequently Asked Questions

Transcription

1 Liquor Licensing Frequently Asked Questions Topic Page How do I file a corporation or trade name change? 2 How do I file a new manager registration? 3 What do I do when there are ownership and officer changes? 5 Does the Lone Tree Police Department perform fingerprinting? 7 What do I do when remodeling or have changes at my premise? 8 Do I qualify for a Special Events Permit? 9 Can a customer bring in a bottle of wine for a special event? 10 Can a customer take an alcohol beverage outside when taking a phone call? 10 Can I have an alcohol tasting in Lone Tree? 10 Do salons need a liquor license to serve alcohol? 11 Can I serve alcohol when catering an event outside my location? 11 What signs am I required to post? 11 What are the age requirements for sellers and servers? 12 What are acceptable forms of identification? 13 What are the food requirements associated with my liquor license? 14 Where should I mail my liquor license renewals? 15 What are the signs of alcohol intoxication? 16

2 Corporation or Trade Name Change We are changing the name of our corporation. What do we need to do? Licensee must complete the Permit Application and Report of Changes form Remittance of the $50.00 fee made payable to the Colorado Department of Revenue Certificate of Amendment of Statement of Change filed with the Secretary of State Minutes of Corporate Meeting, Limited Liability Members Meeting, or Partnership Agreement We are changing the trade name of our business. What do we need to do? Licensee must complete the Permit Application and Report of Changes form Remittance of the $50.00 fee made payable to the Colorado Department of Revenue Certificate of Amendment of Statement of Change filed with the Secretary of State Minutes of Corporate Meeting, Limited Liability Members Meeting, or Partnership Agreement Where do I mail the application, paperwork, and fees? The application, paperwork, and fees should be mailed to: City of Lone Tree 9220 Kimmer Drive Suite #100 Lone Tree, CO Forms can be found at:

3 New Manager Registration How soon must I report that we have a new manager? A change of manager must be reported within 30 days of the change. What do I need to do to for manager registration if we have Hotel & Restaurant liquor licenses? The Licensee must complete the Permit Application and Report of Changes form The new manager must complete the Individual History Record (DR8404-I) The new manager must be fingerprinted (If fingerprinting is done at the Lone Tree Police Department, a $10.00 fee is required) Remittance of the $75.00 Manager Registration Fee made payable to the Colorado Department of Revenue Remittance of the $75.00 Manager Registration Fee made payable to the City of Lone Tree Remittance of the $38.50 fee for the background check made payable to the City of Lone Tree What do I need to do to for manager registration if we have Tavern liquor licenses? The Licensee must complete the Permit Application and Report of Changes form The new manager must complete the Individual History Record (DR8404-I) The new manager must be fingerprinted (If fingerprinting is done at the Lone Tree Police Department, a $10.00 fee is required) Remittance of the $75.00 Manager Registration Fee made payable to the Colorado Department of Revenue Remittance of the $75.00 Manager Registration Fee made payable to the City of Lone Tree Remittance of the $38.50 fee for the background check made payable to the City of Lone Tree What do I need to do to for manager registration if we have Lodging and Entertainment liquor licenses? The Licensee must complete the Permit Application and Report of Changes form The new manager must complete the Individual History Record (DR8404-I) The new manager must be fingerprinted (If fingerprinting is done at the Lone Tree Police Department, a $10.00 fee is required) Remittance of the $75.00 Manager Registration Fee made payable to the Colorado Department of Revenue Remittance of the $75.00 Manager Registration Fee made payable to the City of Lone Tree

4 Remittance of the $38.50 fee for the background check made payable to the City of Lone Tree What do I need to do to for change of manager if we have Beer & Wine liquor licenses? The Licensee must complete the Permit Application and Report of Changes form What do I need to do to for change of manager if we have Retail Liquor Store liquor licenses? The Licensee must complete the Permit Application and Report of Changes form What do I need to do to for change of manager if we have Liquor Licensed Drug Store liquor licenses? The Licensee must complete the Permit Application and Report of Changes form What do I need to do to for change of manager if we have 3.2% Beer Off Premise liquor licenses? The Licensee must complete the Permit Application and Report of Changes form Where do I mail my application(s), fingerprint cards (if applicable) and fees (if applicable)? Your application(s) and applicable fingerprint cards/fees should be mailed to: City of Lone Tree 9220 Kimmer Drive Suite #100 Lone Tree, CO As a part of the fingerprinting process, we are required to notify you of the following in regard to submissions of fingerprints for background checks: 1. Your fingerprints will be used to check FBI criminal history records. 2. You have the right to challenge the information in the FBI criminal record. 3. You will be provided with the procedure on how to change, correct or update and FBI Identification record. If you wish to challenge the accuracy of the information contained in the FBI record, you must submit a request to: Colorado Bureau of Investigation Identification Unit 690 Kipling Street Suite #3000 Denver, CO If you have questions or concerns with information contained as a result of this process, please contact the Colorado Bureau of Investigation. This information is provided to you set forth in Title 28, C.F.R., Section as required by law. Forms can be found at:

5 Ownership and Officer Changes How soon must I report that we have changes in ownership and/or corporate structure? Changes must be reported to the City of Lone Tree within 30 days of the change. What changes in ownership and/or corporate structure need to be reported? Any substantial change in ownership interest or corporate structure Including: Any transfer or assignment of 10% or more of a corporation Any transfer or assignment of 10% or more of a limited partnership Any transfer of a controlling interest regardless of size Any change in officers or directors or a corporation Any transfer of the capital stock or interest of any corporation which results in any individual owning more than 10% of an ownership interest Any transfer of the capital stock or interest of a limited partnership which results in any individual owning more than 10% of an ownership interest Any transfer of the capital stock or interest of a limited liability company of any kind which results in any individual owning more than 10% of an ownership interest Any transfer of the capital stock or interest of any joint venture or business entity which results in any individual owning more than 10% of an ownership interest What do I need to do to when there are changes in ownership and/or corporate structure? The Licensee must complete the Report of Changes Corporation, Limited Liability Company, and Partnership form (DR8177) All new officers, directors, managing members, or general partners must complete the Individual History Record (DR8404-I) All new officers, directors, managing members, or general partners must be fingerprinted (see page 7 for information regarding fingerprinting in Lone Tree) Remittance of the $ per person fee made payable to City of Lone Tree Certificate of Incorporation or Date Stamped Articles or, Partnership Agreement (Limited and General Partnerships) Certificate of Good Standing from the Colorado Secretary of State dated within the last 2 years Certificate of Authority (only if a foreign corporation) Copies of the minutes of meetings by the Corporation, LLC, or Partnership supporting the changes reflected in the application which includes letters of resignation or appointment of any officers, directors, managing members, or partners

6 Where do I mail the applications, corresponding paperwork, fingerprint cards and fees? All applications, corresponding paperwork, fingerprint cards and fees should be mailed to: City of Lone Tree 9220 Kimmer Drive Suite #100 Lone Tree, CO As a part of the fingerprinting process, we are required to notify you of the following in regard to submissions of fingerprints for background checks: 1. Your fingerprints will be used to check FBI criminal history records. 2. You have the right to challenge the information in the FBI criminal record. 3. You will be provided with the procedure on how to change, correct or update and FBI Identification record. If you wish to challenge the accuracy of the information contained in the FBI record, you must submit a request to: Colorado Bureau of Investigation Identification Unit 690 Kipling Street Suite #3000 Denver, CO If you have questions or concerns with information contained as a result of this process, please contact the Colorado Bureau of Investigation. This information is provided to you set forth in Title 28, C.F.R., Section as required by law. Forms can be found at:

7 Fingerprinting Does the Lone Tree Police Department perform fingerprinting? Yes, the Lone Tree Police Department performs fingerprinting on: Tuesday, Wednesday, Thursday from 9:00am to 11:00am and 1:00pm to 3:00pm Do I need an appointment to be fingerprinted? No appointment is necessary, but we advise you call in advance to determine availability and wait times. What is the fee for fingerprinting? If you live or work in Lone Tree, the fee for a fingerprint card is $10.00 If you do not live or work in Lone Tree, the fee for a fingerprint card is $15.00 What are the requirements to be fingerprinted? You must be able to provide a valid government issued photo identification What forms of payment are accepted? The Lone Tree Police Department accepts cash, check, Discover, Master Card and Visa Where is the Lone Tree Police Department located? Lone Tree Police Department 9220 Kimmer Drive Suite #120 Lone Tree, CO (303) As a part of the fingerprinting process, we are required to notify you of the following in regard to submissions of fingerprints for background checks: 1. Your fingerprints will be used to check FBI criminal history records. 2. You have the right to challenge the information in the FBI criminal record. 3. You will be provided with the procedure on how to change, correct or update and FBI Identification record. If you wish to challenge the accuracy of the information contained in the FBI record, you must submit a request to: Colorado Bureau of Investigation Identification Unit 690 Kipling Street Suite #3000 Denver, CO If you have questions or concerns with information contained as a result of this process, please contact the Colorado Bureau of Investigation. This information is provided to you set forth in Title 28, C.F.R., Section as required by law.

8 Remodeling and Changes in Premise We are thinking about remodeling our location. What do we need to do? Contact the City first! State and City Liquor Codes require that written approval be obtained from both City and State Licensing Authorities before making a physical change, alteration, or modification that materially or substantially alters the licensed premise. What types of changes require prior approval? Any increase or decrease in the total size of capacity of the licensed premises Sealing off, creation of, or relocation of a common entryway or doorway which permits access to the licensed premises from or between public streets, adjacent or abutting buildings, rooms, or premises Enlargement or relocation of a bar or the addition of a separate bar Any material change in the interior of the premises that changes the basic character of the premises or physical structure What types of changes do not require prior approval? Painting Redecorating Installing or replacing electric fixtures, plumbing, refrigeration, air conditioning, or heating equipment Lowering ceilings Installing or replacing carpet or other floor coverings Replacing furniture or equipment Do remodeling plans need to be reported to any other city departments? Yes! All plans must be submitted and approved by the City s Building Department before the Permit Application and Report of Changes form can be processed by the Liquor License Authority. You can reach the Building Department at Expansion involving the outside of the establishment may also need approval from the Community Development Department. This approval must be obtained before the Local Licensing Authority considers the Permit Application and Report of Changes form You can reach the Community Development Department at Forms can be found at:

9 Special Events Permit What is a Special Events Permit? A Special Events Permit authorizes the sale and/or service of alcoholic beverages by the drink to the public. There are two types of Special Events Permits: One for malt, vinous, and spirituous liquor and one for 3.2% beer. Do I qualify for a Special Events Permit? A Special Events Permit may be issued to an organization Which has been incorporated under the laws of this state for purposes of social, fraternal, patriotic, political, or athletic nature, and not for pecuniary gain, OR Which is a regularly chartered branch, lodge, or chapter of a national organization OR Which is a society organized for such purposes and being nonprofit in nature, OR Which is a regularly established religious or philanthropic institution, OR Which is a state institution of higher education, OR To any political candidate who has filed the necessary reports and statements with the Secretary of State pursuant to Article 45 of Title 1, C.R.S. To any municipality owning arts facilities at which productions or performances of an artistic or cultural nature are presented for use at such facilities, subject to provisions of Article 45 of Title 1, C.R.S. How many Special Events Permits can a qualified nonprofit organization obtain? Fifteen days per calendar year Forms can be found at:

10 Can a Customer Bring in a Bottle of Wine for a Special Occasion? Can a customer bring in a bottle of wine for a special occasion? No. Licensed premises shall not allow individuals to bring onto that premise Alcohol from an outside source. (C.R.S (1)(h)) Removal of Alcohol From A Premise Can a customer take an alcoholic beverage outside while taking a phone call? No. All alcohol sold at on-premises licenses must be consumed within the Licensed premises. The only exception is allowing a patron to remove a partially consumed bottle of vinous liquor (which was sold for on premises consumption) that has been re-corked. Re-corked vinous liquor should be transported in the trunk of the customer s vehicle. Alcohol Beverage Tastings in Lone Tree Can I have an alcohol beverage tasting in Lone Tree? Yes, if you are a retail liquor store and you have a permit. Any retail liquor store that wishes to conduct alcohol beverage tastings in their licensed premise must submit an application for a Tastings Permit to the City of Lone Tree. After obtaining a Tastings Permit, can any employee conduct a tasting? No. Tastings can only be conducted by a person who has successfully completed a Server Training Program. Tasting Permit Applications can be found at:

11 Alcohol in Salons Do salons need a liquor license to serve alcohol? Yes. In the State of Colorado you cannot sell, serve, or consume alcohol in a public place without a liquor license. If a salon is serving alcohol to customers they must have a liquor license. If I want to apply for a liquor license so I may provide salon customers alcohol, is there a food requirement? Yes. Salons can apply for a Beer and Wine Liquor License which requires you have sandwiches and snacks available for consumption on the premises during business hours. Serving Alcohol Outside Licensed Premises Can I serve alcohol when catering an event outside my location? No. Serving alcohol outside your liquor licensed establishment is prohibited and doing so is a violation that can result in the possible loss of your liquor license. Is my liquor license moveable? If you would like to change the location of your licensed premises from that named in your existing license, you must apply for a change of location prior to moving. You may only change location within the same jurisdiction as the original license that was issued. A completed Permit Application and Report of Changes (DR 8442) must be submitted along with the appropriate fees. Required Sign Postings What signs am I required to post in my establishment? You must post your valid State and Local Liquor or Beer Licenses, Sales Tax License, Food Service Licenses, and the Underage Drinking Warning Sign. All items must be posted in a conspicuous place on the licensed premise so they are in view of the general public. Where do I get an Underage Drinking Warning Sign? Underage Drinking Warning Signs are available for pick up at the City of Lone Tree (9220 Kimmer Drive, Suite #100, Lone Tree, CO 80124) anytime Monday through Friday from 8:00am to 5:00pm

12 Age Requirements For Sellers And Servers I have a Tavern Liquor License, what are the age requirements for servers? Establishments with a Tavern Liquor License: No one under 21 years old can sell/serve alcohol (malt, vinous, or spirituous) in a tavern I have a Retail Liquor Store License, what are the age requirements for sellers? Establishments with a Retail Liquor Store License: No one under 21 years old can sell alcohol (malt, vinous, or spirituous) in a retail liquor store I have a Liquor Licensed Drug Store License, what are the age requirements for sellers? Establishments with a Liquor Licensed Drug Store License: No one under 21 years old can sell alcohol (malt, vinous, or spirituous) in a liquor licensed drug store I have a Hotel & Restaurant Liquor License, what are the age requirements for servers? Establishments with a Hotel & Restaurant License: Servers must be at least 18 years of age and be actively supervised by a person who is at least 21 years of age to participate in the selling, serving or giving of alcohol beverages I have a Beer & Wine Liquor License, what are the age requirements for servers? Establishments with a Beer & Wine Liquor License: Servers must be at least 18 years of age and be actively supervised by a person who is at least 21 years of age to participate in the selling, serving or giving of alcohol beverages I have a 3.2% Beer Liquor License, what are the age requirements for sellers/ servers? Establishments with a 3.2% Beer & Wine Liquor License: Servers must be at least 18 years of age and be actively supervised by a person who is at least 21 years of age to participate in the selling, serving or giving of alcohol beverages I have a Lodging & Entertainment Liquor License, what are the age requirements for servers? Establishments with a Lodging & Entertainment Liquor License: Servers must be at least 18 years of age and be actively supervised by a person who is at least 21 years of age to participate in the selling, serving or giving of alcohol beverages

13 Acceptable Forms of Identification What are acceptable forms of identification? As long as it contains a picture and date of birth, the kind and type of Identification deemed adequate shall be limited to the following: An operator s, chauffeur s or similar type driver s license issued by any state within the United States, any U.S. Territory, or any foreign country including Canada or Mexico An identification card issued by any state for the purpose of proof of age as in accordance with C.R.S and A military identification card A passport or passport identification card An alien registration card A valid employment authorization document issued by the U.S. Department of Homeland Security A valid consular identification card from any foreign country

14 Food Requirements Associated With A Liquor License What are the food requirements for a Tavern Liquor License? With a Tavern Liquor License, you are required to have sandwiches and snacks available for consumption on the premises during operating hours. What are the food requirements for a Beer & Wine Liquor License? With a Beer & Wine Liquor License, you are required to have sandwiches and snacks available for consumption on the premises during operating hours. What are the food requirements for a Lodging & Entertainment Liquor License? With a Lodging & Entertainment Liquor License, you are required to have sandwiches and snacks available for consumption on the premises during operating hours. What are the food requirements for a Hotel & Restaurant Liquor License? With a Hotel & Restaurant Liquor License, you are required to: Have full meals available for consumption on the premises from 8:00am to 8:00pm daily (during normal business hours) Have sandwiches and snacks available for consumption on the premises after 8:00pm Food and beverage sales must provide at least 25% of the gross income of the establishment

15 Remittance of Liquor License Renewals Where should I mail my liquor license renewals? Renewals should be mailed to the City of Lone Tree and not to the State of Colorado. Sending your renewal application to the State of Colorado will Cause delays in receiving your approval. The mailing address for the City of Lone Tree is: City of Lone Tree 9220 Kimmer Drive Suite #100 Lone Tree, CO 80124

16 Alcohol Intoxication Evaluation Chart This chart is not intended to be all inclusive, but is only a guideline. Although the various signs are listed in the order which the often appear, they may manifest themselves in some other order. Also, some may be more apparent than others and some may not be present at all. It is also possible that a number of these signs could be present for reasons other than intoxication. If you use the chart objectively, remembering to look at the combination of factors coupled with your personal experience, you should find it to be a helpful aid in making a decision regarding a person s level of sobriety. Eye/Vision Mouth/Speech Appearance/ Behavior Coordination Bloodshot Odor of alcohol beverage Flushed face Ordering more than one drink at a time Watery Drinking too fast Mussed hair Ordering doubles Loss of eye Loud/boisterous Clothing in disarray Playing drinking games chugging contact Crying Altered speech pattern Soiled clothing Change in emotions Inability to Inability to pronounce Strong body odor Poor judgment focus words Double Vision Slurring of words Decreased dexterity Annoying behavior Lighting more than one Fumbling Overly friendly to strangers cigarette Vomiting Difficulty in picking Acting flirtatious up change General clumsiness Animated Spilling drinks Entertaining Uneven gait Playing music abnormally loud Poor Balance Lack of concentration Staggering Difficulty in understanding questions Tripping Difficulty in understanding instructions Difficulty in adding amounts on check Letting cigarette burn without smoking it Careless handling of money Abnormal tipping Obnoxious behavior Arguing about prices Complaining about strength of drink Mean/Aggressive/Hostile Sullen/brooding Becoming detached from surroundings Drowsiness Unconsciousness Death