Terms used in this article which are defined in the Colorado Liquor Code (Title
44, Article 3, C.R.S.) or in the Colorado Beer Code (Title
44, Article 3, C.R.S.) shall have the meanings provided in such statutes. Additionally, as used in this article, the following words, terms and phrases shall have the meanings ascribed to them in this section.
Tasting permit
means a separate permit issued by the local licensing authority
pursuant to this article authorizing tastings of beer and wine to
be conducted by the licensee.
(Ord. 3716 § 1, 2-2-05. Code 1994 § 4-57)
(a) The
City hereby authorizes tastings to be conducted by retail liquor store
or liquor-licensed drugstore licensees in accordance with this section
and pursuant to §
44-3-301,
C.R.S., as the term “tastings” is defined in said §
44-3-301,
C.R.S.
(b) It
is unlawful for any person or licensee to conduct tastings within
the City unless a tastings permit has been obtained in accordance
with this article. The local licensing authority for the City is authorized
to issue tasting permits in accordance with the requirements of this
article.
(c) A
retail liquor store or a liquor-licensed drugstore licensee that wishes
to conduct tastings shall submit an application for a tastings permit
to the local licensing authority. The application shall be accompanied
by an application fee of $100.00.
(d) The
local licensing authority may deny the application if the applicant
fails to establish that the licensee is able to conduct tastings without
violating the provisions of this article or creating a public safety
risk.
(e) The
local licensing authority shall establish the application procedure.
Application forms will be prescribed by the local licensing authority
and will include an affidavit of compliance, and other such information
as the local licensing authority may require. The local licensing
authority must be notified in writing if any information on the application
is changed. Failure to do so constitutes a violation.
(f) Renewal
of the tastings permit shall be concurrent with renewal of the retail
liquor store or liquor-licensed drugstore license. The initial tastings
permit shall expire on the date of the retail liquor store or liquor-licensed
drugstore license and the initial fee will not be prorated.
(g) Tastings
shall be subject to the limitations set forth in §
44-3-301(10)(c), C.R.S., as amended from time to time. Compliance with the limitations
and requirements set forth in §
44-3-301(10)(c), C.R.S., shall be a term and condition of any tasting permit, whether
expressly set forth in the tasting permit or not. Additionally, the
following conditions shall apply to all tasting permits issued within
the corporate limits of the City of Grand Junction:
(1) No more than four individual samples of up to one ounce of malt or
vinous liquors or up to one-half of one ounce of spiritous liquors
may be provided to a customer. The samples must be provided free of
charge.
(2) Tastings may occur on days that the licensee may be open for business
and shall not exceed 156 days per year.
(3) Tastings shall not exceed five consecutive hours per day.
(4) Tastings shall be conducted during the licensee’s operating
hours and in any event no earlier than 11:00 a.m. or later than 9:00
p.m.
(5) Samples to be tasted shall be served in open containers.
(6) Each licensee shall maintain a log that shall be subject to the review
of the licensing authority and shall include (but is not limited to)
the dates and times of each tasting, the names of the persons conducting
the tastings and documentation that the person conducting the tasting
has completed the required training.
(h) Tastings
authorized pursuant to this section shall be allowed only for a retail
liquor store or liquor-licensed drugstore operating within the City
whose license is valid, in good standing and in full force and effect.
(Ord. 4907, 2-19-20; Ord. 4345, 4-13-09; Ord. 3716 § 1, 2-2-05. Code 1994 § 4-58)
(a) A
violation of a limitation specified in §
44-3-301,
C.R.S., by a retail liquor store or liquor-licensed drugstore licensee,
whether by his or her employees, agents, or otherwise, shall be the
responsibility of the retail liquor store or liquor-licensed drugstore
licensee who is conducting the tasting.
(b) A
retail liquor store or liquor-licensed drugstore licensee conducting
a tasting shall be subject to the same revocation, suspension, and
enforcement provisions as otherwise apply to the licensee for a violation
of any of §
44-3-301,
C.R.S.
(Ord. 3716 § 1, 2-2-05. Code 1994 § 4-59)
If any portion of this article is held to be unconstitutional
or invalid for any reason, such decision shall not affect the constitutionality
or validity of the remaining portions of this article. The City Council
hereby declares that it would have passed this article and each part
hereof irrespective of the fact that any one part be declared unconstitutional
or invalid.
(Ord. 3716 § 1, 2-2-05. Code 1994 § 4-60)
(a) All
other ordinances or portions thereof inconsistent or conflicting with
this article or any portions hereof are hereby repealed to the extent
of such inconsistency or conflict.
(b) The
repeal or amendment of any provision of the code by this article shall
not release, extinguish, alter, modify or change in whole or in part
any penalty, forfeiture or liability, either civil or criminal, which
shall have been incurred under such provision and each provision shall
be treated and held as still remaining in force for the purpose of
sustaining any and all proper actions, suits, proceedings, and prosecutions
for the enforcement of the penalty, forfeiture, or liability, as well
as for the purpose of sustaining any judgment, decree, or order which
can or may be rendered, entered, or made in such actions, suits, proceedings,
or prosecutions.
(Ord. 3716 § 1, 2-2-05. Code 1994 § 4-61)