§ 14-339. Tastings.

(a)

Definitions. As used in this section, unless the context clearly requires otherwise, the following word and term shall have the meaning set forth in this section:

Tastings means the sampling of malt, vinous, or spirituous liquors that may occur on the premises of a retail liquor store licensee or liquor licensed drugstore licensee by adult patrons of the licensee pursuant to the provisions of this section.

(b)

Permitting in general.

(1)

The city hereby authorizes tastings to be conducted by retail liquor store licensees or liquor licensed drugstore licensees in accordance with this section, and pursuant to C.R.S. § 44-3-301. The local licensing authority is authorized to issue tasting permits in accordance with the requirements of this section.

(2)

It shall be unlawful for any licensee or any person to conduct a tasting without having a tasting permit issued by the city or to conduct a tasting in violation of the rules and regulations set forth in C.R.S. § 44-3-301, or this section.

(3)

A retail liquor store or liquor licensed drugstore licensee that desires to conduct tastings shall submit an application for an annual tastings permit to the local licensing authority. All applicants shall pay an application and application renewal fee in an amount determined by resolution of city council. The local licensing authority may reject the application if the applicant fails to establish that the licensee is able to conduct tastings without violating the provisions of this section or creating a public safety risk to the neighborhood. The local licensing authority shall establish the application procedure and may, subject to conditions, delegate renewal of permits to the city clerk.

(4)

Tastings shall be subject to the following limitations:

a.

Tastings shall be conducted only by a person who has completed a server training program that meets the standards established by the Liquor Enforcement Division of the Colorado Department of Revenue and who is a retail liquor store or liquor licensed drugstore licensee, an employee of a retail liquor store or liquor-licensed drugstore licensee, or a representative, employee or agent of the licensed wholesaler, brew pub, distillery pub, manufacturer, limited winery, importer, or vintner's restaurant promoting the alcohol beverages for the tasting, and on a licensee's licensed premises.

b.

The alcohol used in tastings shall be purchased through a licensed wholesaler, licensed brew pub, or winery licensed pursuant to C.R.S. § 44-3-403, at a cost that is not less than the laid-in cost of such alcohol.

c.

The size of an individual alcohol sample shall not exceed one ounce of malt or vinous liquor or one-half of one ounce of spirituous liquor.

d.

Tastings shall not exceed a total of five hours in duration per day, which need not be consecutive.

e.

Tastings shall be conducted only during the operating hours in which the licensee on whose premises the tastings occur is permitted to sell alcohol beverages, and in no case earlier than 11:00 a.m., or later than 9:00 p.m.

f.

The licensee shall prohibit patrons from leaving the licensed premises with an unconsumed sample.

g.

The licensee shall promptly remove all open and unconsumed alcohol beverage samples from the licensed premises, destroy the samples immediately following the completion of the tasting, or store any open containers of unconsumed alcohol beverages in a secure area outside the sales area of the licensed premises for use at a tasting conducted at a later time or date.

h.

The licensee shall not serve a person who is under 21 years of age or who is visibly intoxicated.

i.

The licensee shall not serve more than four individual samples to a patron during a tasting.

j.

Alcohol samples shall be in open containers and shall be provided to a patron free of charge.

k.

Tastings may occur no more than 156 days per year.

l.

No manufacturer of spirituous or vinous liquors shall induce a licensee, through free goods or financial or in-kind assistance, to favor the manufacturer's products being sampled at a tasting. The licensee shall bear the financial and all other responsibility for a tasting conducted on its licensed premise.

m.

The applicant for a tastings permit shall certify on the application that all persons serving alcohol at tastings have completed a server training program that meets the standards established by the Liquor Enforcement Division of the Colorado Department of Revenue.

n.

Licensee's granted permits shall provide the city clerk with a schedule of dates and time for which the tastings will be conducted. Such schedule shall be provided to the city clerk no later than 72 hours prior to the tasting.

(5)

The city recommends that permittees, without charge to its patrons, have available for consumption sandwiches or light snacks for all patrons who are served samples.

(6)

A violation of a limitation specified in this section, by a retail liquor store or liquor licensed drugstore licensee, whether by the licensee's employees, agents, or otherwise, or by a representative, employee, or agent of the licensed wholesaler, brew pub, distillery pub, manufacturer, limited winery, importer, or vintner's restaurant that promoted the alcohol beverages for the tasting, is the responsibility of, and C.R.S. § 44-3-801 applies to, the retail liquor store or liquor licensed drugstore licensee that conducted the tasting.

(7)

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 and are imposed by the local licensing authority.

(Ord. No. 13-08, § 1, 5-7-2013; Ord. No. 18-11, § 2, 8-21-2018)