Transfer of Ownership - Liquor Licenses

After a transfer of ownership 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 there is currently an active liquor license at the premise you are considering, you will need to apply for a transfer of ownership. A Temporary Transfer Permit may be granted only after the legal transfer of the business has taken place (closing) and only if the applicant meets the following criteria:

• An application for a Temporary Transfer Permit with the fee of $100 to the Colorado Department of Revenue is submitted.
• The premises have been previously licensed by the State and Local Licensing Authorities and such license is valid at the time that the application for transfer of ownership was filed with the Local Licensing Authority.
• The current license is not subject to any suspension, revocation, or denial action whether awaiting a hearing or pending appeal.
• The applicant for the Temporary Transfer Permit has submitted a complete application for the transfer of the license, including Bill of Sale, Asset Purchase Agreement, or any other document evidencing the legal transfer of the business.

The Temporary Transfer Permit is valid for 120 days and before that permit expires, a hearing with the Local Licensing Authority (LLA) will be scheduled by the Clerk’s office to switch your temporary permit to a regular liquor license. 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. The Town of Erie license is then prepared, and both licenses are issued to the applicant once all inspections are complete.  

A final inspection will be required before a license can be issued.

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 email to townclerk@erieco.gov  
• Alcohol and Enforcement Compliance Checks

Application and Checklists

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.

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

  Submit the Colorado Liquor Retail Liquor License application (DR8404). 

  Submit Wholesaler Affidavit of Compliance Form (DR 8004)

 Town of Erie - Temporary Transfer of Ownership Permit Application

 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

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 demonstrate 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 Public Hearing poster, which will be provided by the Town Clerk, in public view on the property that is being licensed. A picture of the poster being 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 scheduled hearing.  The Erie 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.