2022 Colorado Code
Title 44 - Revenue - Regulation of Activities
Article 3 - Alcohol Beverages
Part 4 - Classes of Licenses and Permits
§ 44-3-404. Festival Permit - Rules

1. 1. A person listed in subsection (9) of this section may file a festival permit application with the state licensing authority. The applicant must:
      1. Specify the licensed premises for the first of the festivals to be held;
      2. File the application at least ten business days before the festival is to be held; and
      3. Include a twenty-five dollar annual processing fee with the application filed with the state licensing authority.

   2. 1. A local licensing authority may create a local permit for festivals; except that a limited winery licensee or winery licensee need not obtain a local permit to participate in or hold a festival. If a local licensing authority does not create a local permit under this subsection (1)(b), an applicant need not obtain a local permit under this subsection (1)(b) to conduct festivals.
      2. If a licensee is applying for both a festival permit and a special event liquor permit issued under article 5 of this title 44, the licensee need not apply for any local permit established in accordance with subsection (1)(b)(I) of this section.

   3. If a festival permittee notifies the state licensing authority and the appropriate local licensing authority of the location of and dates of each festival at least ten business days before holding the festival, the permittee may hold up to, but no more than, nine festivals during the twelve months after the festival permit is issued.

2. The licensee that holds the festival must file the application for the permit, but other licensees may jointly participate under the permit issued to the licensee that applied for the permit.
3. Notification of all subsequent festivals shall be by supplemental application, as approved by the state licensing authority.
4. The state licensing authority may deny a festival permit or supplemental application for any of the following reasons:
   1. A documented history of violations of this article 3 or rules issued under this article 3 by any participating licensee;
   2. The filing of an incomplete or late application; or
   3. A finding that the application, if granted, would result in violations of this article 3 or rules issued under this article 3 or violations of the laws of a local government.

5. After the issuance of an initial festival permit, all supplemental applications that are complete and filed in a timely manner are deemed approved unless the state licensing authority provides the permittee with a notice of denial at least seventy-two hours prior to the date of the event.
6. Notwithstanding any other provision of this article 3, the permittee and participating licensees are authorized to use the licensed premises jointly to conduct alcohol beverage tastings and to engage in the same retail sales of alcohol beverages that the permittee and participating licensees are authorized to conduct at their licensed premises. A festival permit does not authorize the permittee to use the licensed premises for more than seventy-two hours for any one festival.
7. If a violation of this article 3 occurs during a festival and the licensee responsible for the violation can be identified, the state or local licensing authority may charge and impose appropriate penalties on the licensee. If the responsible party cannot be identified, the state licensing authority may send a written notice to every licensee identified on the permit application and may fine each the same dollar amount, which fine must not exceed twenty-five dollars per licensee or two hundred dollars in the aggregate. A joint fine levied pursuant to this subsection (7) does not apply to the revocation of the licensee's license under section 44-3-601.
8. A joint fine levied pursuant to subsection (7) of this section shall not create or increase civil liability under section 44-3-801 (3) for a participating licensee or create joint liability for such a licensee.
9. This section applies to a person licensed under section 44-3-402, 44-3-403, 44-3-407, 44-3-411, 44-3-413, 44-3-414, 44-3-417, 44-3-422, or 44-3-426.
10. The state licensing authority may adopt rules necessary to implement and administer this section.

Source: L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 996, § 2, effective October 1. L. 2021: (1), (2), IP(4), (5), (6), and (7) amended and (9) and (10) added, (SB 21-082), ch. 195, p. 1044, § 2, effective September 7.

Editor's note: This section is similar to former § 12-47-403.5 as it existed prior to 2018.