Sec. 6-5-322. Requests for information.
(a) The Authority and any Town employee enforcing any Town ordinance, state law or regulation may submit a written request for information relevant to such enforcement to the licensee by certified mail, return receipt requested at the address of the licensed premises.
(b) The licensee shall provide complete written answers to such questions, signed by the registered manager, within twenty (20) days of the date that the request was mailed or hand delivered to the licensee or registered manager, but shall not be required to disclose the information described in Section 6-5-319(b) of this Code, as amended.
(c) The licensee, principals, registered manager, and employees shall have no expectation of privacy in any information or document pertaining to the operation of the licensed business, licensed premises, and adjacent grounds as to the state or Town, but the Town shall not release the information and records as public records.
(d) In the event that the licensee refuses to provide answers on the grounds that the answer may tend to incriminate him or her for some criminal offense, or on advice of legal counsel, the Town and Authority may properly draw the inference and conclusion that the answer to the question would have been adverse to the licensee’s position regarding the investigation, or other matter then pending and may institute a complaint and proceedings for sanctions based on such conclusion.
(e) The licensee may not refuse to answer a question submitted to it on the grounds that:
(1) The answer may incriminate its principals, creditors, registered manager, or employees;
(2) The answer might place his or her license in jeopardy; or
(3) The question is not relevant.
(f) If the licensee is a natural person, the licensee may seek an injunction against the request for information on the ground that the information is highly personal, does not involve the finances or operation of the licensed premises, nor self-incrimination, and is protected by the licensee’s own constitutional right to privacy, but shall also be required to satisfy all the requirements under Colorado law for issuance of a temporary restraining order, preliminary injunction, or permanent injunction. Failure of the licensee to seek an injunction against the request for information within twenty (20) days from the date the request for information is mailed to the licensee shall constitute a waiver of any right of privacy regarding the requested information. (Ord. 1348, 2011; Ord. 1463 §4, 2018)