§ 3-14. Alcoholic beverage tastings.
(a)
Definitions.
(1)
Terms used within this section which are defined in the Colorado Liquor Code (Article 47 of Title 12, C.R.S.) or in the Colorado Beer Code (Article 46 of Title 12, C.R.S.) shall have the meaning provided in such statutes. Additionally, as used in this section, the following words, terms and phrases shall have the meanings ascribed to them in this section.
(2)
Tasting permit means a separate permit issued by the Durango Liquor Licensing Authority pursuant to this section authorizing the tastings of beer, wine or spirituous liquors to be conducted by the licensee.
(b)
Permit required.
(1)
The city hereby authorizes tastings, as said term is defined in C.R.S., § 12-47-301(10), to be conducted by liquor-licensed drug stores or retail liquor store licensees in accordance with this section and pursuant to said C.R.S., § 12-47-301(10).
(2)
It is unlawful for any person or licensee to conduct tastings within the city unless a tastings permit has been obtained in accordance with this section. The Durango Liquor Licensing Authority (local licensing authority) is authorized to issue tasting permits consistent with the requirements of this section.
(3)
A liquor-licensed drug store or retail liquor store licensee that wished to conduct tastings shall submit an application for a tastings permit to the local licensing authority, which application shall be accompanied by an application fee of one hundred dollars ($100.00).
(4)
The local licensing authority may deny the application if the applicant's license is not in good standing at the time of the application, or if the applicant fails to establish that the licensee is able to conduct tastings without violating the provisions of this section or without creating a public safety risk.
(5)
The local licensing authority shall prescribe the application form and shall establish application procedures. The application form shall include a schedule of the planned dates of tastings, a list of the names of the persons conducting the tastings [including documentation reflecting that the person or persons conducting the tastings have completed the required training pursuant to C.R.S., § 12-47-301(10)(c)(I)], a written control plan, and such other information as the local licensing authority may require. Any change to the information submitted as part of the permit application must be submitted to the local licensing authority no later than one (1) week prior to the implementation of the change. Failure to do so shall constitute a violation.
(6)
Renewal of tasting permits shall be concurrent with the renewal of the liquor-licensed drug store or retail liquor store liquor license. The initial tastings permit issued by the local licensing authority shall expire on the date of expiration of the liquor-licensed drug store or retail liquor store license. The initial permit application fee shall not be prorated.
(7)
Except as herein modified, tastings shall be subject to the limitations of and conducted in compliance with C.R.S., § 12-47-301(10)(c), as amended from time to time. Compliance with the limitations and requirements set forth in said § 12-47-301(10)(c) and this section 3-14 shall be a term and condition of any tasting permit, whether or not expressly set forth in said permit. In addition thereto, the following conditions and limitations shall apply to all tasting permits issued within the corporate limits of the City of Durango:
a.
No more than four (4) individual samples of up to one (1) ounce each of beer or wine may be provided to a customer. No more than four (4) individual samples of up to one-half (½) ounce of spirituous liquors may provided to a customer. Samples shall be provided free of charge.
b.
Tastings may occur on no more than four (4) of the six (6) days (Monday through Saturday) of a given week that the licensee may be open for business and the total number of tastings shall not exceed one hundred and four (104) days per year.
c.
Tastings shall be conducted during the licensee's operating hours, shall not exceed five (5) hours per day (which need not be consecutive), shall commence no earlier than 11:00 a.m., and shall not extend later than 7:00 p.m.
d.
Samples used for tastings shall be served only in single use disposable cups or containers of a size that contains no more than one (1) ounce.
e.
The licensee shall prohibit patrons from leaving the licensed premises with an unconsumed sample.
(8)
Tastings permits may only be issued to liquor-licensed drug store or retail liquor store licensees operating within the city whose license is valid, in good standing and in full force and effect.
(c)
Violations.
(1)
A violation of the limitations of this section or C.R.S., § 12-47-301 by a liquor-licensed drug store or retail liquor store licensee, whether by his or her employees, agents, or otherwise, shall be the responsibility of the licensee in whose name the tasting permit has been issued.
(2)
A liquor-licensed drug store or retail liquor store licensee conducting a tasting shall be subject to the same revocation, suspension and enforcement provisions as otherwise apply to the licensee for a violation of any part of C.R.S. § 12-47-301.
(d)
Exemption from open container prohibition. Cups or containers utilized on licensed premises pursuant to a validly issued tasting permit shall be exempt from the open container prohibition set forth in section 3-10 of this Code.
(Ord. No. O-2006-2, § 1, 2-21-06)