The Colorado Liquor Code: Distinct and Definite Requirements
| Publication year | 1988 |
| Pages | 841 |
| Citation | Vol. 17 No. 5 Pg. 841 |
1988, May, Pg. 841. The Colorado Liquor Code: Distinct and Definite Requirements
Attorneys practicing in the area of liquor licensing law within Colorado should be aware of a recent decision by the Colorado Court of Appeals. In East 40th Corp. v. City of Aurora,(fn1) the court interpreted the statutory requirement that a retail liquor store's premises constitutes a distinct and definite location which is separate from non-liquor store premises. The court determined that there was nothing about the modifications proposed by East 40th Corp. which would impair or diminish the separate character of its liquor licensed premises. This decision is important for members of the Bar practicing liquor licensing law because it is the first appellate decision interpreting the distinct and definite location requirement under the Colorado Liquor Code ("Code").(fn2)
This article analyzes this case from its inception at the administrative level and discusses some possible ramifications for attorneys representing retail liquor store clients.
The legislative declaration of the Code contains a proclamation that "it is lawful to manufacture and sell [alcoholic beverages] subject to the . . . terms, conditions, limitations and restrictions in this article."(fn3) Therefore, the General Assembly has determined that the regulation of the sale of liquor in Colorado is a matter of statewide concern. The Colorado Supreme Court has ruled that the primary purpose of the adoption of a liquor code by the General Assembly in 1935 was to outlaw the type of old-time public saloon with its well-known obnoxious characteristics, vices and effects.(fn4) One provision which underscores this intent was the adoption of a definition of "licensed premises" within the current Code when it was reenacted in 1976. "Licensed premises" is defined in the Code as
the premises specified in an application for a license under this Article which are owned or in possession of the licensee within which such licensee is authorized to sell, dispense, or serve alcoholic beverages.(fn5)
In addition to this definition, the term "premises" is defined in the Code as "a distinct and definite location which may include a building, a part of a building, a room, or any other definite contiguous area."(fn6) It was the legislature's intent to separate liquor sales from other sales such as food, clothing or hardware, and to maintain separate facilities for the sale of alcoholic beverages in order to keep underaged consumers from frequenting such establishments.
A large retail discount warehouse facility,(fn7) located within the City which housed a retail liquor store, sought permission from the...
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