New Application for Liquor License

After a NEW application is filed with the Town Clerk’s office, the file is reviewed, and any deficiencies are reported to the applicant prior to the consideration of the application by the Liquor Licensing Authority. An application is deemed complete when the application is completed in full and ALL required documents have been provided, then your hearing will be scheduled before the Authority for consideration.  If necessary, a Zoom platform may be used to conduct the meeting. If necessary, a Zoom platform may be used to conduct the meeting.

 If the application is approved by the Liquor Licensing Authority, the Town Clerk’s Office will forward the application to the Colorado Department of Revenue, Liquor Licensing Division for review and approval.    Typically, the State will process the application and mail the State’s liquor license to the Town Clerk’s Office in 1‐2 months, unless concurrent review has been requested.   The Town of Erie license is then prepared, and both licenses are issued to the applicant once all inspections are complete.  A certificate of occupancy may be required before a license can be issued.

 While the Town Clerk’s office is available to provide some assistance in the application process, the Clerk cannot provide legal advice and cannot make any representations or assurances as to the final outcome of the process. It is certainly not essential that you seek the assistance of an attorney to guide you through this process; although you may strongly consider doing so. In many instances, legal assistance can help you move through the process more quickly and with fewer complications.

State Resources

• Colorado Department of Revenue – Liquor and Tobacco Enforcement Division
• Liquor and Tobacco Bulletin Board
• The Liquor and Tobacco Enforcement Division Contacts
• Liquor Enforcement Laws, Rules, and Regulation

License Types and Supporting Materials

• Types of Licenses
• Proof of Public Notice Posting to townclerk@erieco.gov  
• Alcohol and Enforcement Compliance Checks
• Petition Guidelines - Needs and Desires of the neighborhood

New Application Checklist

Please be sure the entire application and supporting documentation is single-sided.

 Please select one and submit your completed application to townclerk@erieco.gov

• DR 8403 New Application – Fermented Malt Beverage (FMB) Retail License Application
• DR 8404 New Application – Non-FMB Retail License Application (Hotel-Restaurant, Tavern, Retail Liquor Store, Beer & Wine)

 Additional Documents Required:

• Submit an Individual History Record Form (DR 8404-I)

 Proof of Possession of Property. Deed (or) Lease. The lease must match the applicant’s name.

 Floor Plan. Floor diagram of premises (8½" x 11" only) with dimensions included. The diagram does not have to be to scale, but must accurately reflect the area to be licensed, including depictions of the following:

• Show North orientation
• Exterior areas showing control of the licensed premises (fences, walls, doors, gates, etc)
• Separate diagram for each floor plan (if multiple levels), outlined in red to indicate the boundary (including external and internal walls, doors, fences, gates, restrooms, and etc.)
• Must be an exact representation of the licensed premise. 
• Include length and width of exterior walls and interior wall, including built-in bars
• The diagram must identify the kitchen area if the applicant is applying for a Hotel and Restaurant class liquor license. The diagram of the kitchen must include the range, refrigerator, sinks, dishwashers, and other industrial equipment.
•  Location of the proposed licensed premises designating where alcoholic beverages will be sold, served, stored, distributed, or consumed.
• The diagram must have the licensed liquor area outlined in red.
• Exterior areas must show the type of fencing, walls, etc.
• The floor plan that is submitted must match the previous owner's floor plan that Excise and Licenses has on file

 Financial Documents. The purchase agreement, stock transfer agreement, loan documentation, promissory notes, etc. 

 Background. Who needs to get fingerprinted? Do not complete fingerprint cards prior to submitting your application.

• Individuals registering as manager for a hotel restaurant, lodging, and entertainment, or tavern liquor license
• Officers, directors, managing members, and members of a corporation or LLC
• Ownership interest in a liquor license of 10% or more.

 Fingerprints. The applicant is required to submit background results to the State of Colorado - Liquor Division and the Town of Erie - Local Licensing Authority. 

The following two (2) vendors are approved by the State and you must make 2 separate appointments:

• IdentoGO
  https://uenroll.identogo.com
  (844) 539-5539 (toll-free)
  FAQs: https://www.colorado.gov/pacific/cbi/identification-faqs
  State's Unique Code C030liqi
  Town of Erie Unique Code: 7061LLQH
  
  
• Colorado Fingerprinting
  http://www.coloradofingerprinting.com
  Appointment Scheduling Website: http://www.coloradofingerprinting.com/cabs
  (720) 292-2722
  Toll-Free: (833) 224-2227
  State's Unique Code C030liqi
  Town of Erie Unique CBI Code: 7061LLQH 

 Corporate/Ownership Documents

• S‐Corporations
  • Certificate of Good Standing dated within last two years
  • Articles of Organization

Or

• Partnership Documents
  • Attach partnership agreement (except for husband‐wife partnerships
  • Attach Certificate of co‐partnership (if applicable)

Or

• Limited Liability Company Documents
  • Attach Certificate of Good Standing dated within last two years
  • Attach articles of organization (acknowledged by Secretary of State)
  • Attach a copy of the operating agreement (required if OTHER than sole member LLC or husband and wife LLC)

The operating agreement describes the operations of the LLC and sets forth the agreements between the members (owners) of the business.  It breaks down the business' financial and functional decisions including rules, regulations, and allocation.

Fees

• State fees made payable to Colorado Department of Revenue
• Town fees made payable to Town of Erie
• Liquor Enforcement Division Fees

Petitions

 It is the responsibility of the applicant for a new license to present sufficient evidence to the Liquor Licensing Authority that indicates the need for the license in the respective neighborhood.  

This is typically done by petitioning the neighborhood.  These petitions indicate support (or lack thereof) for the issuance of a license.  Petitions must be submitted to the Town Clerk’s Office at least 10 days prior to the hearing date.

LLA Orders Rule 7.3 Needs and Desires Evidence. 

 (a)  Petitions. If petitions are presented by the applicant, professional petitioning services shall be used by the applicant to support their burden of proving neighborhood needs and desires of the adult inhabitants of the neighborhood, or by parties in Interest opposing the issuance of the license. Petitions shall be filed not later than ten (10) days prior to the public hearing to enable the Secretary to confirm the validity of signatures. 

 (b)    Other proof. Applicants may present sworn testimony from parties in interest or any other evidence of the needs and desires of the neighborhood they believe will satisfy their burden of proof. Any other evidence of needs and desires shall be objectively obtained from adult inhabitants of the neighborhood, in compliance with affidavits, and provide the opportunity for those in opposition to have their desires and needs recorded.  Any documentary evidence of needs and desires shall be filed not later than ten (10) days prior to the public hearing.

The following firms may provide the neighborhood petitioning requirements:

Public Hearing Process

The Public Hearing will be called to order by the Local Liquor Licensing Authority (LLA). The Town Clerk or the designee will then advise the Authority on the completeness of the application and the date of its receipt. As the applicant, you should bring a complete copy of the application with attachments to the Public Hearing with you.

The Authority will ask the applicant to establish that the reasonable requirements of the neighborhood demonstrate a need for the issuance of the license. At this point, the applicant should present any petition, letters of support, or other evidence which demonstrates this need.

The Authority will ask for public comment, if any, from the adult inhabitants of the neighborhood concerning the application. The applicant will be afforded an opportunity to make comments on any statements made by members of the public. You should be fully prepared to answer any questions.

 At the conclusion of the Public Hearing, the Authority may take immediate action on the application or delay action until a later time. Action on the application must occur within 30 days of the Public Hearing.

Public Hearing Poster

The Public Hearing date is scheduled by the Town Clerk and published in the local newspaper 10 days prior to the hearing. The applicant must also post a Public Hearing notice poster, which will be provided by the Town Clerk, in public view on the property that is being licensed. A picture of the poster is visible to the public is required and the Affidavit of Posting should be emailed to townclerk@erieco.gov.

Deadlines

Please file your completed application including all documentation and payment to the Town Clerk’s Office no later than 45 days prior to the desired public hearing. The Liquor License Authority holds public hearings on the 3rd Tuesday of every month at the Erie Municipal Court located at 1000 Tellen Avenue, Erie, Colorado, 80516. Also, see the Guidance on Appearing Before the Judge webpage.