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Licensing and Permits |
Licensing
CITY OF BURLINGTON LIQUOR LICENSE APPLICATION PROCEDURES “AT A GLANCE” Obtaining a liquor license is a time-consuming process and generally takes 3-4 months, sometimes longer, to complete. It is vital for Applicants to contact the City Clerk well in advance of the business opening. In general, the Clerk is prohibited from accepting an application for a location that is closer than 500 feet from a school or where such business is prohibited by local zoning laws. The Applicant is well-advised to research proposed locations before taking possession of a property.
Steps in the Application Process:
1. Obtain the appropriate application forms from the Burlington City Clerk. The Clerk will explain the application process and fees. If you are starting the application process from out of town please call the Clerk’s office at 719-346-8652 and she can explain how to download the necessary forms from the State website.
2. Complete the application. Use the document checklist to gather all the required additional documents.
3. You must register your business with the State of Colorado and obtain a Colorado State sales tax number (if you are a new establishment). Visit www.colorado.gov/revenue or call 303-205-8211 for more information. There is a Department of Revenue office in Colorado Springs where you can apply in person (recommended). They are located at 4420 Austin Bluffs Parkway.
4. If your business entails food service you will also need to contact the Kit Carson County Health Department at (719) 346-7158, www.kitcarsoncounty.org.
5. All owners/officers/principals/directors of the business, anyone with 10 percent or more ownership interest in the business, and onsite managers of the business must be fingerprinted. You can be fingerprinted at the Burlington Police Department, 719-346-8353 (there is an additional fee).
6. Submit the completed application with all the attachments and State and City fees (two separate checks) to the Clerk. We suggest that you keep a copy of your application for your records.
7. The Clerk will schedule a hearing with the City Council, acting as the Local Liquor Licensing Authority, and will notify you in writing of this date. Please note that per State statute the hearing can be scheduled no sooner than thirty (30) days from the date that your application is submitted.
8. The Clerk reviews and processes the liquor application, and posts a notice of public hearing on the property proposed for the liquor license at least 10 days prior to the scheduled public hearing.
9. At the public hearing the Authority considers the application and will approve, deny or continue consideration of the application. The Applicant or the Applicant’s representative must attend the public hearing.
10. Upon approval of the application by the Authority, the Clerk will forward the application to the Colorado State Liquor Enforcement Division for final approval.
11. Upon approval by the State Licensing Authority, the Clerk will issue a City of Burlington liquor license and provide the Applicant with both the State and City licenses. The applicant must post both licenses in a visible location on the licensed premise.
The information herein is a good faith effort to briefly summarize an extensive set of laws, regulations and procedures. Persons seeking additional information may want to consult with a private attorney. It is the responsibility of the liquor license holder, agents and employees to comply with the provisions of the Colorado Liquor and Beer Code. To obtain a copy of the Code and other informational material regarding responsible liquor licensing, visit www.colorado.gov/revenue.
UNDERSTANDING THE LIQUOR LICENSING PROCESS
This information is intended as a brief overview of the liquor licensing process in the City of Burlington with a focus on new license applications. It is not intended and should not be used as a substitute for legal advice. This information may be useful to neighbors of and business owners/managers near proposed licensed premises, prospective license applicants, or other interested parties. Persons seeking additional information are also encouraged to thoroughly review the State of Colorado Liquor Code (found online at www.colorado.gov/revenue).
Helpful Telephone Numbers Burlington City Clerk 719-346-8652 Burlington Police Dept. 719-346-8353 State Liquor Enforcement 303-205-2300; press “1” for liquor and “1” again for retail licenses
Overview
Because the holding of any type of liquor license grants legal privileges and rights and imposes considerable responsibilities, the proceedings governing the granting and revocation of such licenses can appear to be complex and not easily understood. This information is intended to assist citizens in participating more effectively in the liquor licensing process.
In Burlington, liquor licensing decisions are made by the City Council acting as the Liquor Licensing Board (herein, the “Authority”). The City Council is a quasi-judicial, seven-member board whose members are elected by the voters of Burlington.
Applying for a New License
Any person, partnership, joint venture, trust, limited liability company (LLC) or corporation (herein, the “Applicant”) desiring to sell or distribute alcoholic beverages (beer, wine or spirituous liquor) in the City of Burlington must first obtain a license from both the City of Burlington and the State of Colorado.
The process begins with the Applicant obtaining City and State forms from the City of Burlington’s’ City Clerk. These forms can be obtained by stopping by City Hall and visiting the Clerk’s office at 415 15th Street.
Obtaining a liquor license is a time-consuming process and generally takes 3-4 months, sometimes longer, to complete. It is vital for Applicants to contact the City Clerk well in advance of their business opening. In general, the City Clerk is prohibited from accepting a license application for a location that is closer than 500 feet from a school or where such business is prohibited by local zoning laws. The Applicant is well-advised to research proposed locations before taking possession of the property.
Application forms require background information to enable the Authority, through its departments (Licensing, Police, Planning, Code Enforcement, Fire) to research application details. This information is also important so that the Authority can make a determination, pursuant to state law, as to whether the Applicant is eligible to hold the responsibility and privilege of a liquor license.
In addition to other information, the application requires the Applicant’s criminal history (if any), financial backing and any connections to the liquor industry including all other licenses held, suspended or relinquished. (The existence of a criminal record does not necessarily preclude a person from obtaining a license; however, Applicants with criminal records or negative histories should be prepared to provide evidence of rehabilitation or risk license denial.)
The Applicant must also supply detailed floor plans of the business so that the Authority can evaluate the size of the business, the general operating characteristics of the proposed establishment and the number of potential patrons. For a complete list of information necessary for an application, refer to the checklist of required documents, the application forms and contact the City Clerk (719-346-8652; danielle.kravig@burlingtoncolo.com).
In order to be considered for a liquor license, all completed applications and fees (both City and State) must be submitted directly to the City Clerk. Once that is done, the matter is set for a public hearing before the Authority. Authority members will receive copies of the application packet and this information is also available to the public. Completed liquor license applications and issued license files are public information (with a few federally-protected information exceptions). This means that once an application is filed, anyone may review the file contents.
Party in Interest
The hearing is an opportunity for the Applicant to present evidence supporting the issuance of a liquor license, to respond to any questions presented by the Authority, and/or to address any comments provided by a Party in Interest. Parties in Interest are invited to participate in liquor license hearings and may advocate for or against the granting of a license.
After the Applicant’s presentation to the Authority is complete, Parties in Interest may provide comments in the form of testimony, letters, or petitions within the designated neighborhood. The Authority may accept information in any form so long as the evidence, in the opinion of the Authority, is relevant, probative and not duplicative. Parties in Interest may submit such materials to the City Clerk the Thursday before their set hearing.
City Clerk 415 15th Street Burlington, CO 80807 Email: shelly.clark@burlingtoncolo.com
Neighborhood Boundaries
Before ruling on an application for a new license, and pursuant to State law, the Authority shall consider, among other factors:
Given those considerations, the Burlington Liquor Licensing Authority has defined designated neighborhoods as all properties within 100 feet of the proposed location’s property boundaries.
In addition, factors including, but not limited to, zoning boundaries, land use designations, traffic flow, access roads, parking, demographics, size of establishment, natural and human-made barriers and consideration of other similar licenses in the area proposed may also be considered by the Authority
Documenting Needs and Desires
One of several factors that the Authority must consider in evaluating a new license is whether the designated neighborhood “needs and desires” the issuance of a new license. Applicants have the burden to establish the neighborhood’s need and desire for approval of their liquor license at the proposed location. One of the ways that Applicants typically accomplish this is through petitioning.
An Applicant may choose to do their own petitioning or they may hire a petitioning company. Either way, someone travels door-to-door within the designated neighborhood area contacting residents and business managers/owners to survey whether they need or desire a liquor establishment. Participation is strictly voluntary; residents and business owners/managers are not obligated to sign petitions.
Applicants typically make a sampling survey of many, though rarely all, of the residents and businesses in the relevant neighborhood. Applicants must provide the petition results to the Authority and should present them not only as raw numbers but also in whatever interpretive light will cast the application in the most favorable terms. In short, they should advocate for the license being granted. Residents and businesses responding negatively to an Applicant’s petition may be asked to explain their negative response. (Negative responses based on a general abhorrence of alcohol cannot be considered in determining the needs and desires factor.)
Residents and business owners within the relevant neighborhood are invited and welcome to be heard in the process. They may attend the hearing and, after the initial presentation by the Applicant, they may respond to the Applicant’s assertions or they may present contrary evidence in any form so long as the evidence is not unduly cumulative in the opinion of the Authority. They are also welcome to counter petition within the neighborhood. In short they may advocate for or against the granting of the license depending upon their views. (Again, negative opinions based on a general abhorrence of alcohol cannot be considered in determining the issuance of a liquor license.)
Persons wishing to participate need to have “standing” (meaning right to be heard). The Burlington Liquor Licensing Authority has ruled that Burlington’s residents and/or business owners shall be considered to have such standing. Persons residing outside of Burlington and not owning a local business do not have automatic standing but may ask to be heard. Whether such presentations will be allowed is within the sole discretion of the Authority. The Authority will often hear evidence from such persons if they can argue that while outside of the presumptively relevant area (Burlington) they are still part of a naturally integrated neighborhood that includes the proposed licensed site.
Posting of Notice
According to City procedures and State laws, public notice of the hearing must be posted and published:
Application Hearing
Hearings are quasi-judicial proceedings. As such, the issue of clarity concerning hearing procedures is of utmost importance. An audio recording is made and evidence is presented to the Authority, much like a court trial. The hearing procedure is designed to offer both the Applicant and Parties in Interest opportunities to provide the Authority with information.
Liquor License Authority Hearings are typically held in conjunction with Regular City Council Meetings. The agenda will vary depending upon the type of City business needing to be addressed. When an Applicant’s matter is called to order, the Applicant should approach the podium and be sworn in by the City Clerk.
The Hearing Chair will then ask audience members whether anyone desires Party in Interest status. In order to confirm status they must identify themselves by stating their name and address for the record. They are then sworn in by the City Clerk.
§ If Parties in Interest anticipate attending a hearing, they should contact the City Clerk, preferably before the hearing, so that the Clerk can make agenda item materials available and so that materials to be offered by Parties in Interest can be provided to the Applicant. § If Applicants or Parties in Interest intend to submit written exhibits during the hearing, it is strongly recommended that they bring ten (10) copies (one copy for each of the seven Authority members, one copy for the Clerk’s file, one copy for the Applicant, and one copy for the City Attorney).
Formal hearing rules of procedure are read into the record so that all in attendance understand the proceedings.
The Clerk then reads the formal matters of the application into the record.
Next the Applicant has the opportunity to address the Authority by providing the petition results and presenting any other information that will cast the application in the most favorable terms. In short, they should advocate for the license being granted. The Applicant may be cross-examined by the Authority members, Parties in Interest, and/or the City Attorney.
Following the conclusion of the Applicant’s presentation, Parties in Interest are provided an opportunity to present any testimony or evidence in support of, or in opposition to, the license application. The Parties in Interest are also subject to cross-examination by the Authority members, the Applicant (and/or his/her representatives), and/or the City Attorney.
Upon conclusion of the Party in Interest case presentation and at the Authority’s discretion, the Applicant may be allowed to provide rebuttal evidence and testimony. All parties will then be allowed to provide closing statements.
The Authority will then: i) close participation to allow for deliberations by Authority members only; ii) determine if a continuance is required for additional research or to gather more evidence and determine whether there is good cause to grant such a continuance; iii) publicly discuss and consider all submitted testimony and evidence; and iv) by motion and quorum, vote to either approve or deny the license.
Frequently Asked Questions
Question: Do I have to speak with petitioners or sign the petitions regarding liquor license applications?
Answer: No. Petitioners have no right to cooperation. You may participate or not.
Question: Why does the petitioner want me to explain my negative response?
Answer: The petitioner is or works for the Applicant. While they should be professional and truthful, they are not impartial. They are advocates in a potentially adversarial process. If you respond negatively they may question you further in an attempt to make your response less damaging to their client or business.
Question: What negative responses are given the most weight and the least weight by the Authority?
Answer: Colorado case law disqualifies responses based on a general abhorrence to alcohol and is more inclined to give weight to arguments concentrating on an existing overabundance of outlets or that address the good moral character of the Applicant.
Arguments about traffic dangers, increased congestion, danger to pedestrians, noise, litter and changing the character of the neighborhood and its traditional uses, by direction of State law, are not to be considered by the Authority in rendering its decision.
Question: Is it true that an application will be denied if there is an “undue concentration” of such establishments within a neighborhood?
Answer: The Colorado State Liquor Code prohibits an undue concentration of only two types of licenses: tavern license and retail liquor store licenses. As to other forms of license the Code is silent on the issue of undue concentration.
Question: What criteria establish an undue concentration?
Answer: If the concentration of taverns or retail liquor stores could require additional law enforcement resources assigned to the neighborhood.
Question: Who are the members of the Authority?
Answer: In Burlington, liquor licensing decisions are made by the City Council acting as the Liquor Licensing Board (the “Authority”). The City Council is a quasi-judicial, seven-member board whose members are elected by the voters of Burlington.
Question: Who can I call for interpretation of the Colorado State Liquor Code?
Answer: Contact the Division of Liquor and Tobacco of the Colorado Department of Revenue at (303) 205-2300 or www.colorado.gov/revenue.
The information herein is a good faith effort to briefly summarize an extensive set of laws, regulations and procedures. Persons seeking additional information may want to consult with a private attorney. It is the responsibility of the liquor license holder, agents and employees to comply with the provisions of the Colorado Liquor and Beer Code. To obtain a copy of the Code and other informational material regarding responsible liquor licensing, visit www.colorado.gov/revenue. |
