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that would have assumed an employer guilty if the employee is let go within 90 days of using a sick day, and not requiring businesses to provide nine days of paid leave to employees unless the business employs at least 250 people. This initiative will kill small businesses in Denver, and will raise the unemployment rolls. Please join us and read what Keep Denver Competitive has to say, and follow my Blog.
Updates

Liquor Rules for 2017  Click Here to be Linked to all 2017 Rules

 

June 2, 2015

Governor signs Rep. Saine’s Felony DUI bill into law

Denver – Today, the governor signed House Bill 1043, sponsored by Representative Lori Saine (R-Firestone), which creates a felony charge for habitual drunk driving. The new law allows district attorneys the option to prosecute a fourth DUI in a lifetime as a Class 4 felony. House Bill 1043 is the fourth Republican-led effort in the past six years to establish a felony DUI statute in Colorado.

“It is a rewarding feeling to give families across Colorado the peace of mind that there will be fewer habitual drunk drivers on our streets, and I want to thank the countless volunteers and many victims who fought to make this law possible,” said Saine. “I’m proud that Colorado has finally joined the 45 other states that have enacted felony DUI laws and now can start getting these dangerous habitual drunk drivers off our roads.”

The law officially takes effect on August 5, 2015.

 

2015 CBOA Bill Tracking Update

June 1, 2015                                                                                           290 Senate Bills

392 House Bills

CBOA Tracking 14 Bills                                                                           682 Total Bills

HB15-1031

WINDHOLZ

TODD

Ban Use Sale Possession Of Powdered Alcohol

OPPOSE

The bill prohibits the use, possession, sale, purchase, transfer, or manufacture of powdered alcohol. A person who violates the prohibition commits a class 2 misdemeanor. Research hospitals, educational institutions, and pharmaceutical or biotechnology companies conducting bona fide research are excluded from the prohibition. If the federal food and drug administration approves the use of powdered alcohol and the state enacts and implements a mechanism for regulating powdered alcohol, the prohibition is repealed.

01/07/2015 Introduced In House - Assigned to State, Veterans, & Military Affairs
01/26/2015 House Committee on State, Veterans, & Military Affairs Refer Amended to House Committee of the Whole
01/29/2015 House Second Reading Passed with Amendments
02/02/2015 House Third Reading Passed - No Amendments
02/06/2015 Introduced In Senate - Assigned to Judiciary
02/24/2015 Senate Judiciary Refer to Committee of the Whole
02/27/2015 Senate Second Reading Passed Amend - Floor
03/02/2015 Senate Third Reading Passed - No Amendments
03/19/2015 House Considered Senate Amendments - Repass
03/30/2015 Governor Signed

HB15-1043

SAINE & MCCANN

COOKE & JOHNSTON

Felony Offense For Repeat DUI Offenders

MONITOR

In current law, a DUI, DUI per se, or DWAI is a misdemeanor offense. The bill makes such an offense a class 4 felony if the violation occurred: (1) After 3 or more prior convictions for DUI, DUI per se, or DWAI; vehicular homicide; vehicular assault; or any combination thereof; or (2) not more than 7 years after the first of 2 prior convictions for DUI, DUI per se, or DWAI; vehicular homicide; vehicular assault; or any combination thereof, if the violation included at least one of the following circumstances: One or more persons less than 18 years of age were present in the person's vehicle at the time of the violation;  In committing the violation, the person caused damage or injury to any property or persons; After committing the violation, the person fled the scene; or At the time of the violation, or within 2 hours after the violation, the person's BAC was 0.15 or higher. Under current law, aggravated driving with a revoked license is a class 6 felony. The bill changes the penalty to a class 1 misdemeanor but requires a sentencing court to ensure that an offender spends a minimum of 60 days in the custody of a county jail. Under current law, a person whose privilege to drive was revoked for multiple convictions for any combination of a DUI, DUI per se, or DWAI must hold an interlock-restricted license for at least one year following reinstatement prior to being eligible to obtain any other driver's license. The bill expands this period to a minimum of 2 years and a maximum of 5 years. The bill repeals provisions relating to the crime of aggravated driving with a revoked license when the offender also commits DUI, DUI per se, or DWAI as part of the same criminal episode. The bill makes conforming amendments.

01/07/2015 Introduced In House - Assigned to Judiciary + Appropriations
02/05/2015 House Committee on Judiciary Refer  to Finance
03/25/2015 House Committee on Finance Refer to Approps
04/10/2015 House Committee on Appropriations Refer Amended to House Committee of the Whole
04/14/2015 House Second Reading Passed with Amendments - Committee
04/15/2015 House Third Reading Passed - No Amendments
04/17/2015 Introduced In Senate - Assigned to Judiciary + Appropriations
04/28/2015 Senate Committee on Judiciary Refer Unamended to Finance
04/30/2015 Senate Committee on Finance Refer Unamended to Appropriations
05/01/2015 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
05/05/2015 Senate Second Reading Passed - No Amendments
05/06/2015 Senate Third Reading Passed - No Amendments
05/18/2015 Sent to the Governor

HB15-1087

VIGIL

STEADMAN & JAHN

Alcohol And Substance Abuse Medical Detox Centers

MONITOR

The bill creates the alcohol and substance abuse medical detox centers pilot program (pilot program) in the unit that administers behavioral health programs and services, including those related to mental health and substance abuse (unit), within the department of human services (department). The purpose of the pilot program is to provide limited medical services that are otherwise unavailable to individuals who are addicted to alcohol or substances and who are going through the detoxification process. The pilot program will initially consist of one rural treatment center and one urban treatment center. Alcohol and substance abuse treatment centers in Colorado may apply to the unit to participate in the pilot program. The state board of human services shall develop

rules for applications, review the applications, and select treatment centers for funding. The pilot program will last 2 years. After 2 years, each treatment center will submit a report on activities and outcomes to the unit, which shall in turn submit a report to the public health care and human services committee of the house of representatives and the health and human services committee of the senate. The alcohol and substance abuse medical detox centers pilot fund is created.

01/14/2015 Introduced In House - Assigned to Public Health Care & Human Services + Appropriations
03/10/2015 House Committee on Public Health Care & Human Services Refer Amended to Appropriations
04/17/2015 House Committee on Appropriations Postpone Indefinitely

HB15-1097

MCCANN

NEWELL

Fetal Alcohol Spectrum Disorders Commn & Screening

MONITOR

The bill extends the automatic repeal date for the fetal alcohol spectrum disorders (FASD) commission until June 30, 2020. The FASD commission was originally created in executive branch as a temporary commission. The bill dissolves the temporary commission and recreates the commission as a type 2 agency in the department of human services (department) and allocates it to the unit that administers behavioral health programs and services. The executive director of department may appoint members to the FASD commission who have previously served on the FASD commission. The FASD commission is directed to expand the distribution and promotion of health warning signs and other materials about the harms caused to fetuses from pregnant women drinking alcohol. As recommended by the FASD commission in its 2013 and 2014 annual reports, the bill amends the "Colorado Children's Code" to add to the presentence investigation of a juvenile in the juvenile justice system some preliminary screening about whether the mother of the juvenile drank during the pregnancy and whether the juvenile should be evaluated for fetal alcohol spectrum disorders. Recommended by the FASD commission in 2014 report, the bill amends the "Colorado Children's Code" to add to the screening and assessments in the dependency and neglect system consideration if child was prenatally exposed to alcohol.

01/14/2015 Introduced In House - Assigned to Public Health Care & Human Services
02/03/2015 House Committee on Public Health Care & Human Services Refer Unamended to Appropriations
03/13/2015 House Committee on Appropriations Refer Amended to House Committee of the Whole
03/24/2015 House Second Reading Passed with Amendments - Committee, Floor
03/25/2015 House Third Reading Passed - No Amendments
03/27/2015 Introduced In Senate - Assigned to Health & Human Services + State, Veterans, & Military Affairs
04/09/2015 Senate Committee on Health & Human Services Refer Unamended to State, Veterans, & Military Affairs
04/20/2015 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely

HB15-1154

BECKER J. & GARNETT

HILL

No Credit Card Fee On Tax Portion Of Sale

SUPPORT

The bill prohibits the collection of an interchange fee, defined as a fee established by a payment card network for the purpose of compensating the issuer of a credit or debit card for its involvement in an electronic payment transaction, on the portion of the total price that represents taxes imposed by the state or a local government. A 2-year grace period allows for the continuation of existing contracts and software that do not separately account for taxes, but the bill applies to all transactions on and after July 1, 2017.

01/29/2015 Introduced In House - Assigned to Finance
03/04/2015 House Committee on Finance Postpone Indefinitely

HB15-1192

BECKER K.

NEVILLE T.

Entertainment District Expand Licensed Premises Types

MONITOR

Under current law, premises licensed under the "Colorado Liquor Code" as a tavern, hotel and restaurant, brew pub, retail gaming tavern, or vintner's restaurant may attach to a common consumption area within an entertainment district established by a local government. The bill expands the types of licensed premises that may be included in an entertainment district, allowing beer and wine licensees, manufacturers that operate sales rooms, and limited wineries to attach to a common consumption area within an entertainment district.

01/30/2015 Introduced In House - Assigned to Business Affairs and Labor
02/10/2015 House Committee on Business Affairs and Labor Refer Amended to House Committee of the Whole
02/13/2015 House Second Reading Passed with Amendments - Committee
02/19/2015 House Third Reading Passed - No Amendments
02/25/2015 Introduced In Senate - Assigned to Local Government
03/03/2015 Senate Committee on Local Government Refer - Consent Calendar to Senate Committee of the Whole
03/09/2015 Senate Second Reading Passed - No Amendments
03/10/2015 Senate Third Reading Passed - No Amendments
03/26/2015 Governor Signed

HB15-1202

SINGER

WOODS

Alcohol Beverage License Reissuance

SUPPORT

Under current law, an alcohol beverage licensee whose license is expired for more than 90 days must apply for a new alcohol beverage license. The bill provides a procedure for an alcohol beverage licensee whose license has been expired for more than 90 days but less than 180 days to apply for a reissued license. The state or local licensing authority has the sole discretion to determine whether or not to allow a licensee to apply for a reissued license. If the licensee is allowed to apply, the licensee must pay a late application fee and an appropriate fine. After accepting the application, the state or local licensing authority has the sole discretion to determine whether to approve or deny the application. If the local licensing authority approves the application, the local licensing authority must forward the application to the state licensing authority. The state licensing authority may approve or deny the application. If the application is denied by either the state or local licensing authority, the licensee may apply for a new alcohol beverage license.

02/03/2015 Introduced In House - Assigned to Business Affairs and Labor
02/26/2015 House Committee on Business Affairs and Labor Refer Unamended to House Committee of the Whole
03/06/2015 House Second Reading Passed with Amendments - Floor
03/09/2015 House Third Reading Passed - No Amendments
03/11/2015 Introduced In Senate - Assigned to Business, Labor, & Technology
03/16/2015 Senate Committee on Business, Labor, & Technology Refer Unamended to Senate Committee of the Whole
03/20/2015 Senate Second Reading Passed - No Amendments
03/23/2015 Senate Third Reading Passed - No Amendments
04/08/2015 Governor Signed

HB15-1204

PABON

KERR

Distillery Pub Alcohol Beverage License

MONITOR

The bill creates a new license under the "Colorado Liquor Code", referred to as a distillery pub license, that would enable a spirituous liquor (spirits) producer to operate a pub that serves alcohol beverages, including spirits the producer ferments and distills, for consumption on the licensed premises. A distillery pub license would operate similar to a brew pub license in that the licensee must: Serve meals; Gross at least 15% of on-premises food and drink income from the sale of food; Limit wholesale sales of spirits it ferments and distills on the licensed premises to not more than 2,700 liters (300 cases) per product per year; and Limit its total annual production of spirits to 45,000 liters (5,000 cases). A distillery pub licensee is subject to the same state and local annual licensing fees as a brew pub, $325 and $500, respectively. Additionally, similar to brew pub licensees, a distillery pub licensee may own or have an interest in another alcohol beverage licensee authorized to serve alcohol for on-premises consumption.

02/03/2015 Introduced In House - Assigned to Business Affairs and Labor + Finance
02/19/2015 House Committee on Business Affairs and Labor Refer Unamended to Finance
02/25/2015 House Committee on Finance Refer Unamended to House Committee of the Whole
03/02/2015 House Second Reading Passed - No Amendments
03/03/2015 House Third Reading Passed - No Amendments
03/11/2015 Introduced In Senate - Assigned to Business, Labor, & Technology
03/16/2015 Senate Committee on Business, Labor, & Technology Refer Amended to Finance
03/19/2015 Senate Committee on Finance Refer Unamended - Consent Calendar to Senate Committee of the Whole
03/24/2015 Senate Second Reading Passed with Amendments - Committee
03/25/2015 Senate Third Reading Passed - No Amendments
03/30/2015 House Considered Senate Amendments - Result was to Not Concur - Request Conference Committee
04/08/2015 First Conference Committee Result was to Adopt Rerevised w/ Amendments
04/09/2015 Senate Consideration of First Conference Committee Report result was to Adopt - Repass
04/10/2015 House Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass
04/24/2015 Governor Signed

HB15-1217

SINGER

HOLBERT

Local Gov Input Liquor Sales Room Applications

MONITOR

Under current law, a winery, limited winery, distillery, or beer wholesaler licensed by the state licensing authority may operate a salesroom to sell the products it manufactures. With the exception of distilleries, these licensees may obtain approval to operate a sales room without any input from the local licensing authority in whose jurisdiction the sales room is located. For distillery sales rooms, the applicant must submit a copy of the application to the local licensing authority, and the local licensing authority may request the state licensing authority to deny the application if the local licensing authority determines that approval of the proposed sales room conflicts with the reasonable requirements of the neighborhood and the desires of the adult inhabitants. However, the state licensing authority may still grant approval of the sales room, regardless of the local licensing authority's determination. The bill requires all applicants for a sales room license who apply on or after July 1, 2015, to send a copy of the application, at the time of application to the state licensing authority, to the local licensing authority in whose jurisdiction the proposed sales room is located. The local licensing authority has 30 days to provide input on the sales room application if it chooses to do so. The state licensing authority must consider the local licensing authority's input, if any, and may deny the proposed sales room application if the local licensing authority determines that approval of the sales room would conflict with the needs and desires of the neighborhood. Additionally, unless the local licensing authority affirms that the applicant has complied with local zoning restrictions and satisfies the needs and desires of the neighborhood, the state licensing authority cannot approve the sales room application. If the local licensing authority does not provide a response to the application within 30 days, the state licensing authority shall deem that the local licensing authority does not object to the sales room application. The state licensing authority, upon the local licensing authority's request, may take action authorized under the "Colorado Liquor Code" (liquor code) against a licensee operating a sales room if the local licensing authority demonstrates that the licensee has committed an act defined as unlawful under the liquor code or shows good cause for the suspension or revocation. Licensees that either have sales rooms as of July 1, 2015, or that obtain authorization to operate a sales room on or after July 1, 2015, must notify the state licensing authority of all of their sales rooms. The state licensing authority is to maintain a list of all sales rooms in the state and make the list available on its web site. The requirements of the bill do not apply to a licensed winery, limited winery, distillery, or beer wholesaler that does not sell and serve alcohol beverages for consumption in its sales room. The state licensing authority is authorized to adopt rules regarding sales rooms

02/10/2015 Introduced In House - Assigned to Business Affairs and Labor
02/26/2015 House Committee on Business Affairs and Labor Refer Amended to Appropriations
03/06/2015 House Committee on Appropriations Refer Amended to House Committee of the Whole
03/09/2015 House Second Reading Passed with Amendments - Committee
03/10/2015 House Third Reading Passed - No Amendments
03/12/2015 Introduced In Senate - Assigned to Business, Labor, & Technology
03/17/2015 Senate Committee on Business, Labor, & Technology Refer Amended to Appropriations
04/17/2015 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
04/21/2015 Senate Second Reading Passed with Amendments - Committee, Floor
04/22/2015 Senate Third Reading Passed - No Amendments
04/27/2015 House Considered Senate Amendments - Result was to Concur - Repass
05/14/2015 Governor Signed

HB15-1226

BECKER K

HODGE

Retail Food Establishment Fees

MONITOR

The annual license fees are currently established in statute for retail food establishments that: ! Prepare or serve food in individual portions for immediate on- or off-premises consumption; Offer food for retail sale to consumers for off-premises consumption; and Offer food for retail sale to consumers for off-premises consumption and prepare or serve food in individual portions for immediate consumption either on or off the premises. The bill removes the annual license fees for these retail food establishments from statute and requires the state board of health to establish the fees by rule instead.

02/17/2015 Introduced In House - Assigned to Public Health Care & Human Services + Finance
04/14/2015 House Committee on Public Health Care & Human Services Refer Amended to Finance
04/22/2015 House Committee on Finance Refer Unamended to House Committee of the Whole
04/23/2015 House Second Reading Special Order - Passed with Amendments - Committee
04/27/2015 House Third Reading Passed - No Amendments
04/27/2015 Introduced In Senate - Assigned to Finance
04/30/2015 Senate Committee on Finance Refer Unamended to Senate Committee of the Whole
05/05/2015 Senate Second Reading Special Order - Passed - No Amendments
05/06/2015 Senate Third Reading Passed - No Amendments
05/18/2015 Sent to the Governor

HB15-1244

SINGER & NORDBERG

JAHN & LUNDBERG

Cork & Carry Wine From Liquor-licensed Club

MONITOR

Under current law, customers of certain establishments licensed under the "Colorado Liquor Code" to serve alcohol beverages for on-premises consumption are permitted to reseal and remove from the licensed premises a bottle of wine that was purchased at and partially consumed on the licensed premises. This provision currently applies to licensed beer, wine, or spirits manufacturers; limited wineries; beer and wine licensees; hotels and restaurants; taverns; brew pubs; and vintner's restaurants. The bill grants permission for members of licensed clubs to recork and remove from the club a bottle of wine purchased and partially consumed at the club.

02/24/2015 Introduced In House - Assigned to Business Affairs and Labor
03/03/2015 House Committee on Business Affairs and Labor Refer Unamended to House Committee of the Whole
03/06/2015 House Second Reading Passed - No Amendments
03/09/2015 House Third Reading Passed - No Amendments
03/11/2015 Introduced In Senate - Assigned to Business, Labor, & Technology
03/16/2015 Senate Committee on Business, Labor, & Technology Refer Unamended - Consent Calendar to Senate Committee of the Whole
03/20/2015 Senate Second Reading Passed - No Amendments
03/23/2015 Senate Third Reading Passed - No Amendments
04/08/2015 Governor Signed

HB15-1255

DORE & PABON

GRANTHAM & JAHN

Prohibited Use Of Elec Benefits Transfer Cards

MONITOR

The bill requires the department of human services (department) and the department of revenue to submit reports to specified committees of the general assembly on improper use of electronic benefits transfer cards (EBT cards) at certain prohibited locations. The bill requires the department to adopt rules enforcing the prohibition against the use of EBT cards at prohibited establishments including increasing penalties for repeated violations. The bill also requires the department of revenue to promulgate rules for establishments regulated by the department of revenue: ! Requiring the operators of establishments in which EBT cards are prohibited and in which an automated teller machine (ATM) is located to post a sign notifying users that they are prohibited from accessing benefits with an EBT card at the ATM. The bill specifies a statement that must appear on the sign. ! Requiring operators of such establishments to take measures to prevent clients from using EBT cards at ATMs in their establishments; and ! Establishing methods to enforce measures by operators to prohibit clients from using an ATM at prohibited locations, including increasing penalties; and ! Exempting an establishment from the above requirements if it provides to the department of revenue a statement from the owner or operator of each ATM in the establishment that the ATM will not accept EBT card, but authorizing the department of revenue to impose sanctions for unauthorized use

03/03/2015 Introduced In House - Assigned to Business Affairs and Labor
03/17/2015 House Committee on Business Affairs and Labor Refer Amended to House Committee of the Whole
03/20/2015 House Second Reading Passed with Amendments - Committee
03/23/2015 House Third Reading Passed - No Amendments
03/25/2015 Introduced In Senate - Assigned to Business, Labor, & Technology
04/08/2015 Senate Committee on Business, Labor, & Technology Refer Unamended - Consent Calendar to Senate Committee of the Whole

04/15/2015 Senate Second Reading Passed with Amendments - Floor
04/16/2015 Senate Third Reading Passed - No Amendments
04/22/2015 House Considered Senate Amendments - Result was to Concur - Repass
05/01/2015 Governor Signed

SB15-065

MARBLE

NORDBERG

Ban Public Benefit Transfers At Certain Venues

MONITOR

Federal law requires states to take measures to prevent recipients of public benefits from using electronic benefits transfers at liquor stores, gambling establishments, and adult-oriented entertainment establishments. Current Colorado statutes prohibit the use of automated

teller machines by recipients of public benefits at liquor stores, gambling establishments, and firearms dealers. The bill extends the Colorado prohibitions to establishments licensed to sell marijuana or marijuana-infused products and at adult-oriented entertainment establishments

01/14/2015 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
02/03/2015 Senate Committee on State, Veterans, & Military Affairs Refer Amended to Senate Committee of the Whole
02/06/2015 Senate Second Reading Passed with Amendments - Committee
02/09/2015 Senate Third Reading Passed - No Amendments
02/10/2015 Introduced In House - Assigned to Public Health Care & Human Services
03/24/2015 House Committee on Public Health Care & Human Services Refer Amended to House Committee of the Whole
03/27/2015 House Second Reading Passed with Amendments - Committee
03/30/2015 House Third Reading Passed - No Amendments
03/31/2015 Senate Considered House Amendments - Result was to Concur – Repass
05/01/2015 Governor Signed

SB15-231

MARBLE

SALAZAR & EVERETT

Ban Regulatory Agency Firearms & Special Ops

OPPOSE

The bill limits the activities of regulatory agencies in the following manner: ! Requires a federal regulatory agency to provide local law enforcement agencies with a notice of an impending operation of a special weapons and tactics team, a tactical response team, or other type of specialized unit, which notice must include a copy of the court order authorizing the operation; ! Prohibits a federal regulatory agency from using a specialized unit, unless it provides this notice; ! Prohibits a state regulatory agency from purchasing a firearm; ! Prohibits any person from a state regulatory agency from using a firearm in connection with the exercise of his or her duties on behalf of the agency; and ! Annually requires the office of the governor to certify to the general assembly that no state regulatory agency has purchased any firearms and to provide information about any specialized units in a state regulatory agency.

03/20/2015 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
04/06/2015 Senate Committee on State, Veterans, & Military Affairs Witness Testimony and/or Committee Discussion Only
04/13/2015 Senate Committee on State, Veterans, & Military Affairs Refer Amended to Appropriations
04/17/2015 Senate Committee on Appropriations Postpone Indefinitely

 

A "Special Thank You" goes out to our friends at the Colorado Licensed Beverage Association, and their Executive Director, Jeanne McEvoy for their help in locating this information from 1995.

Session Laws of Colorado 1995
First Regular Session, 60th General Assembly

CHAPTER 242


_______________


CONSUMER AND COMMERCIAL TRANSACTIONS

_______________



HOUSE BILL 95-1242 [Digest]


BY REPRESENTATIVES Tool, Acquafresca, Agler, Anderson, Berry, Entz, Foster, Friednash, Grampsas, Hagedorn, June, Kaufman, McElhany, Moellenberg, Owen, Prinster, Reeser, Reeves, Schauer, Clarke, Chlouber, and Taylor;

also SENATORS Wattenberg, Ament, Bishop, Feeley, Johnson, Lacy, R. Powers, Rizzuto, Schroeder, Weissmann, Martinez, Perlmutter, and Tanner.





AN ACT


Concerning contracts that require the payment of royalties when certain musical works are performed in public.





Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Title 6, Colorado Revised Statutes, 1992 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW ARTICLE to read:

ENFORCEMENT OF NONDRAMATIC MUSIC COPYRIGHTS

ARTICLE 13

Enforcement of Music Copyrights

6-13-101.  Definitions. As used in this article, unless the context otherwise requires:

(1)  "Copyright owner" means the owner of a copyright of a nondramatic musical or similar work recognized and enforceable under the copyright laws of the United States (17 U.S.C. sec. 101 et seq.). "Copyright owner" and "similar work" shall not include the owner of a copyright in a motion picture or audiovisual work, or in part of a motion picture or audiovisual work.

(2)  "Nondramatic" means the public performance of a recorded, broadcast, or live musical work; except that "nondramatic" shall not mean the performance of a dramatic work including a play.

(3)  "Performing rights society" means an association or corporation that licenses the public performance of nondramatic musical works on behalf of copyright owners such as the American society of composers, authors and publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC, Inc.

(4)  "Proprietor" means the owner of a retail establishment, including, but not limited to, a restaurant, bar, sports facility, or other place of business where nondramatic musical or similar copyrighted works may be performed, broadcast, or otherwise transmitted for the enjoyment of members of the general public.

(5)  "Royalty" or "royalties" means the fees payable to a copyright owner or performing rights society for the public performance of nondramatic musical or other similar work.

6-13-102.  Scope of article. (1)  This article shall apply to a contract entered into between a performing rights society and a proprietor even if such society is licensed by the federal communications commission, and the rights, remedies, and prohibitions accorded by this article shall be in addition to any other right, remedy, or prohibition accorded by common law, federal law, or the laws of this state, and shall not be construed to deny, abrogate, or impair any such common law or statutory right, remedy, or prohibition.

(2)  This article shall not apply to:

(a)  A contract entered into between a performing rights society and a broadcaster licensed by the federal communications commission;

(b)  Conduct described in sections 18-4-602, 18-4-603, and 18-4-604, C.R.S.

6-13-103.  Payment of royalties - contract requirements. (1)  A copyright owner or performing rights society may enter into a contract requiring the payment of royalties by a proprietor if, at least seventy-two hours before the execution of such contract, the following information is provided to the proprietor, in writing:

(a)  A description of the rules and terms of royalties required to be paid under the contract;

(b)  A schedule of the rates and a description of the terms of royalties required to be paid under agreements executed by the copyright owner or performing rights society;

(c)  In the case of a performing rights society, information concerning how to obtain a current list of the copyright owners represented by that society and the works licensed under the contract. Such list shall be made available within fourteen days by electronic means. A proprietor shall not be charged an amount in excess of the actual cost incurred by the performing rights society for providing such list.

(d)  Notice, in a form prescribed by the attorney general, that the proprietor is entitled to the information contained in paragraphs (a), (b), and (c), of this subsection (1), and that the failure to provide such information shall make the performing rights society subject to the penalty provisions in section 6-13-104.

(2)  Notwithstanding subsection (1) of this section, a proprietor may, in its sole discretion and without coercion or undue influence, execute a contract for the payment of royalties before the expiration of the seventy-two hour review period.

(3)  A proprietor shall have the right to rescind a contract for the payment of royalties for a period of seventy-two hours after execution of such contract.

(4)  A contract for the payment of the royalties by a proprietor to a copyright owner or society shall:

(a)  Be in writing;

(b)  Be signed by the parties;

(c)  Include at least the following information:

(I)  The proprietor's name and business address and the name and location of each place of business to which the contract applies;

(II)  The name and address of the performing rights society authorized to act on behalf of a copyright owner;

(III)  The duration of the contract, which shall not exceed one year, but which may be automatically extended for additional terms which do not exceed one year, unless otherwise mutually agreed upon;

(IV)  The schedule of rates and terms of royalties to be collected under the contract, including any sliding scale or schedule for any increase or decrease of such rates for the duration of the contract;

(V)  Notice of the seventy-two-hour rescission period described in subsection (3) of this section.

(5)  A copyright owner, performing rights society, or an agent or employee of a copyright owner or performing rights society shall not:

(a)  Enter onto the premises of a proprietor's business for the purpose of discussing with the proprietor or the employees of the proprietor a contract for the payment of royalties or the use of copyrighted works without first identifying himself or herself to the proprietor or the employees of the proprietor and making known the purpose of the visit;

(b)  Collect or attempt to collect a royalty payment or other fee pursuant to a contract that does not meet the requirements of this section;

(c)  Engage in any coercive conduct or unfair or deceptive act or practice that is substantially disruptive of a proprietor's business;

(d)  Use or attempt to use any unfair or deceptive act or practice in negotiating with a proprietor.

(6)  Nothing in this article shall be construed to prohibit a performing rights society from conducting investigations to determine the existence of music use by a proprietor or informing a proprietor of the proprietor's obligations under the copyright laws of the United States (17 U.S.C. sec. 101 et seq.).

6-13-104.  Violations - penalties. (1)  A proprietor may bring an action in a court of competent jurisdiction or assert a counterclaim against a copyright owner or performing rights society to enjoin a violation of this article and recover any damages sustained as a result of such violation.

(2)  The prevailing party in any action brought under this article shall be awarded reasonable attorney's fees. If the prevailing party is a proprietor, such proprietor may also recover the reasonable costs of such action and treble damages, but in no event shall such proprietor be awarded less than one thousand dollars.

(3)  A proprietor shall not bring a counterclaim against any party except the original complainant, and if such complainant is a performing rights society, a counterclaim shall not be brought against any copyright owner in his or her individual capacity.

SECTION 2.  Effective date - applicability. This act shall take effect July 1, 1995, and applies to contracts for the payment of royalties entered into on or after said date.

SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.

Approved: June 3, 1995

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Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act.

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Brett_Moore

From Brett Moore, CBOA Lobbyist:

March 19, 2015

House unanimously passes powdered alcohol bill, sending it to Governor

Denver – Today, the House of Representatives unanimously voted to send House Bill 1031, sponsored by Representative JoAnn Windholz (R-Commerce City), to the Governor’s desk. House Bill 1031 authorizes Colorado’s liquor enforcement division to develop a regulatory framework to treat powdered alcohol like liquid alcohol.

The Alcohol and Tobacco Tax and Trade Bureau recently approved a brand of powdered alcohol, known as “Palcohol,” for sale in the United States, the last approval step needed for it to be sold on store shelves. Once this bill is signed into law, a regulatory framework will be established to allow this product to be sold in a safe and effective manner.

“With the approval of powdered alcohol at the federal level, I’m happy to see my colleagues in the House unanimously support necessary safety measures to ensure it is safely distributed in Colorado,” said Windholz. “Once this bill becomes law, powdered alcohol products sold in Colorado will be subject to the same regulations as liquid alcohol, ensuring it cannot be sold to our children.”

House Bill 1031 now only requires the Governor’s signature to become law and go into effect.

March 3, 2015

The House approved Rep. Dan Pabon’s bill this morning to create a distillery pub license in Colorado.

Right now wineries and breweries, but not distilleries, are able to sell other forms of alcohol and food on their premises. HB15-1204 allows distilleries to sell beer, wine, or other alcohol and food in addition to their own products after obtaining a state and local liquor license. The bill will allow distilleries to provide a better experience for their customers.

“Colorado’s distilleries are the new craft experience for Coloradans,” Rep. Pabon, D-Denver, said. “This will give distilleries options to serve food and other alcohol to provide a world class experience for their customers.”

This morning’s unanimous vote sends the bill to the Senate.


March 2, 2015

The Powdered Alcohol bill passed out of Senate on 3rd and Final reading this morning, 28-7.  It was amended in the Senate floor to not be an outright ban, and I will send that language shortly.   The House will need to approve the amended version, but I anticipate this happening.

CBOA Bill Tracking Update February 18, 2015

HB15-1031

WINDHOLZ

TODD

Ban Use Sale Possession Of Powdered Alcohol

The bill prohibits the use, possession, sale, purchase, transfer, or manufacture of powdered alcohol. A person who violates the prohibition commits a class 2 misdemeanor. Research hospitals, educational institutions, and pharmaceutical or biotechnology companies conducting bona fide research are excluded from the prohibition. If the federal food and drug administration approves the use of powdered alcohol and the state enacts and implements a mechanism for regulating powdered alcohol, the prohibition is repealed.

01/07/2015 Introduced In House - Assigned to State, Veterans, & Military Affairs
01/26/2015 House Committee on State, Veterans, & Military Affairs Refer Amended to House Committee of the Whole
01/29/2015 House Second Reading Passed with Amendments - Committee
01/30/2015 House Third Reading Laid Over Daily - No Amendments
02/02/2015 House Third Reading Passed - No Amendments
02/06/2015 Introduced In Senate - Assigned to Judiciary

HB15-1043

SAINE & MCCANN

COOKE & JOHNSTON

Felony Offense For Repeat DUI Offenders

In current law, a DUI, DUI per se, or DWAI is a misdemeanor offense. The bill makes such an offense a class 4 felony if the violation occurred: (1) After 3 or more prior convictions for DUI, DUI per se, or DWAI; vehicular homicide; vehicular assault; or any combination thereof; or (2) not more than 7 years after the first of 2 prior convictions for DUI, DUI per se, or DWAI; vehicular homicide; vehicular assault; or any combination thereof, if the violation included at least one of the following circumstances: One or more persons less than 18 years of age were present in the person's vehicle at the time of the violation;  In committing the violation, the person caused damage or injury to any property or persons; After committing the violation, the person fled the scene; or At the time of the violation, or within 2 hours after the violation, the person's BAC was 0.15 or higher. Under current law, aggravated driving with a revoked license is a class 6 felony. The bill changes the penalty to a class 1 misdemeanor but requires a sentencing court to ensure that an offender spends a minimum of 60 days in the custody of a county jail. Under current law, a person whose privilege to drive was revoked for multiple convictions for any combination of a DUI, DUI per se, or DWAI must hold an interlock-restricted license for at least one year following reinstatement prior to being eligible to obtain any other driver's license. The bill expands this period to a minimum of 2 years and a maximum of 5 years. The bill repeals provisions relating to the crime of aggravated driving with a revoked license when the offender also commits DUI, DUI per se, or DWAI as part of the same criminal episode. The bill makes conforming amendments.

01/07/2015 Introduced In House - Assigned to Judiciary + Appropriations
02/05/2015 House Committee on Judiciary Refer Amended to Finance

HB15-1087

VIGIL

STEADMAN & JAHN

Alcohol And Substance Abuse Medical Detox Centers

The bill creates the alcohol and substance abuse medical detox centers pilot program (pilot program) in the unit that administers behavioral health programs and services, including those related to mental health and substance abuse (unit), within the department of human services (department). The purpose of the pilot program is to provide limited medical services that are otherwise unavailable to individuals who are addicted to alcohol or substances and who are going through the detoxification process. The pilot program will initially consist of one rural treatment center and one urban treatment center. Alcohol and substance abuse treatment centers in Colorado may apply to the unit to participate in the pilot program. The state board of human services shall develop

rules for applications, review the applications, and select treatment centers for funding. The pilot program will last 2 years. After 2 years, each treatment center will submit a report on activities and outcomes to the unit, which shall in turn submit a report to the public health care and human services committee of the house of representatives and the health and human services committee of the senate. The alcohol and substance abuse medical detox centers pilot fund is created.

01/14/2015 Introduced In House - Assigned to Public Health Care & Human Services + Appropriations

HB15-1097

MCCANN

NEWELL

Fetal Alcohol Spectrum Disorders Commn & Screening

The bill extends the automatic repeal date for the fetal alcohol spectrum disorders (FASD) commission until June 30, 2020. The FASD commission was originally created in executive branch as a temporary commission. The bill dissolves the temporary commission and recreates the commission as a type 2 agency in the department of human services (department) and allocates it to the unit that administers behavioral health programs and services. The executive director of department may appoint members to the FASD commission who have previously served on the FASD commission. The FASD commission is directed to expand the distribution and promotion of health warning signs and other materials about the harms caused to fetuses from pregnant women drinking alcohol. As recommended by the FASD commission in its 2013 and 2014 annual reports, the bill amends the "Colorado Children's Code" to add to the presentence investigation of a juvenile in the juvenile justice system some preliminary screening about whether the mother of the juvenile drank during the pregnancy and whether the juvenile should be evaluated for fetal alcohol spectrum disorders. Recommended by the FASD commission in 2014 report, the bill amends the "Colorado Children's Code" to add to the screening and assessments in the dependency and neglect system consideration if child was prenatally exposed to alcohol.

01/14/2015 Introduced In House - Assigned to Public Health Care & Human Services
02/03/2015 House Committee on Public Health Care & Human Services Refer Unamended to Appropriations

HB15-1154

BECKER J. & GARNETT

HILL

No Credit Card Fee On Tax Portion Of Sale

The bill prohibits the collection of an interchange fee, defined as a fee established by a payment card network for the purpose of compensating the issuer of a credit or debit card for its involvement in an electronic payment transaction, on the portion of the total price that represents taxes imposed by the state or a local government. A 2-year grace period allows for the continuation of existing contracts and software that do not separately account for taxes, but the bill applies to all transactions on and after July 1, 2017.

01/29/2015 Introduced In House - Assigned to Finance

HB15-1192

BECKER K.

NEVILLE T.

Entertainment District Expand Licensed Premises Types

Under current law, premises licensed under the "Colorado Liquor Code" as a tavern, hotel and restaurant, brew pub, retail gaming tavern, or vintner's restaurant may attach to a common consumption area within an entertainment district established by a local government. The bill expands the types of licensed premises that may be included in an entertainment district, allowing beer and wine licensees, manufacturers that operate sales rooms, and limited wineries to attach to a common consumption area within an entertainment district.

01/30/2015 Introduced In House - Assigned to Business Affairs and Labor
02/10/2015 House Committee on Business Affairs and Labor Refer Amended to House Committee of the Whole
02/13/2015 House Second Reading Passed with Amendments - Committee
02/17/2015 House Third Reading Laid Over Daily - No Amendments

HB15-1202

SINGER

(NONE)

Alcohol Beverage License Reissuance

Under current law, an alcohol beverage licensee whose license is expired for more than 90 days must apply for a new alcohol beverage license. The bill provides a procedure for an alcohol beverage licensee whose license has been expired for more than 90 days but less than 180 days to apply for a reissued license. The state or local licensing authority has the sole discretion to determine whether or not to allow a licensee to apply for a reissued license. If the licensee is allowed to apply, the licensee must pay a late application fee and an appropriate fine. After accepting the application, the state or local licensing authority has the sole discretion to determine whether to approve or deny the application. If the local licensing authority approves the application, the local licensing authority must forward the application to the state licensing authority. The state licensing authority may approve or deny the application. If the application is denied by either the state or local licensing authority, the licensee may apply for a new alcohol beverage license.

02/03/2015 Introduced In House - Assigned to Business Affairs and Labor

HB15-1204

PABON

KERR

Distillery Pub Alcohol Beverage License

The bill creates a new license under the "Colorado Liquor Code", referred to as a distillery pub license, that would enable a spirituous liquor (spirits) producer to operate a pub that serves alcohol beverages, including spirits the producer ferments and distills, for consumption on the licensed premises. A distillery pub license would operate similar to a brew pub license in that the licensee must: Serve meals; Gross at least 15% of on-premises food and drink income from the sale of food; Limit wholesale sales of spirits it ferments and distills on the licensed premises to not more than 2,700 liters (300 cases) per product per year; and Limit its total annual production of spirits to 45,000 liters (5,000 cases). A distillery pub licensee is subject to the same state and local annual licensing fees as a brew pub, $325 and $500, respectively. Additionally, similar to brew pub licensees, a distillery pub licensee may own or have an interest in another alcohol beverage licensee authorized to serve alcohol for on-premises consumption.

02/03/2015 Introduced In House - Assigned to Business Affairs and Labor + Finance

HB15-1217

SINGER

(NONE)

Local Gov Input Liquor Sales Room Applications

Under current law, a winery, limited winery, distillery, or beer wholesaler licensed by the state licensing authority may operate a salesroom to sell the products it manufactures. With the exception of distilleries, these licensees may obtain approval to operate a sales room without any input from the local licensing authority in whose jurisdiction the sales room is located. For distillery sales rooms, the applicant must submit a copy of the application to the local licensing authority, and the local licensing authority may request the state licensing authority to deny the application if the local licensing authority determines that approval of the proposed sales room conflicts with the reasonable requirements of the neighborhood and the desires of the adult inhabitants. However, the state licensing authority may still grant approval of the sales room, regardless of the local licensing authority's determination. The bill requires all applicants for a sales room license who apply on or after July 1, 2015, to send a copy of the application, at the time of application to the state licensing authority, to the local licensing authority in whose jurisdiction the proposed sales room is located. The local licensing authority has 30 days to provide input on the sales room application if it chooses to do so. The state licensing authority must consider the local licensing authority's input, if any, and may deny the proposed sales room application if the local licensing authority determines that approval of the sales room would conflict with the needs and desires of the neighborhood. Additionally, unless the local licensing authority affirms that the applicant has complied with local zoning restrictions and satisfies the needs and desires of the neighborhood, the state licensing authority cannot approve the sales room application. If the local licensing authority does not provide a response to the application within 30 days, the state licensing authority shall deem that the local licensing authority does not object to the sales room application. The state licensing authority, upon the local licensing authority's request, may take action authorized under the "Colorado Liquor Code" (liquor code) against a licensee operating a sales room if the local licensing authority demonstrates that the licensee has committed an act defined as unlawful under the liquor code or shows good cause for the suspension or revocation. Licensees that either have sales rooms as of July 1, 2015, or that obtain authorization to operate a sales room on or after July 1, 2015, must notify the state licensing authority of all of their sales rooms. The state licensing authority is to maintain a list of all sales rooms in the state and make the list available on its web site. The requirements of the bill do not apply to a licensed winery, limited winery, distillery, or beer wholesaler that does not sell and serve alcohol beverages for consumption in its sales room. The state licensing authority is authorized to adopt rules regarding sales rooms

02/10/2015 Introduced In House - Assigned to Business Affairs and Labor

SB15-065

MARBLE

NORDBERG

Ban Public Benefit Transfers At Certain Venues

Federal law requires states to take measures to prevent recipients of public benefits from using electronic benefits transfers at liquor stores, gambling establishments, and adult-oriented entertainment establishments. Current Colorado statutes prohibit the use of automated

teller machines by recipients of public benefits at liquor stores, gambling establishments, and firearms dealers. The bill extends the Colorado prohibitions to establishments licensed to sell marijuana or marijuana-infused products and at adult-oriented entertainment establishments

01/14/2015 Introduced In Senate - Assigned to State, Veterans, & Military Affairs



Cracking Down on Drunk Drivers
Judiciary Committee OKs McCann-Saine Bill to Take 4-Time Offenders Off the Road

(Feb. 5) – The House Judiciary Committee took the first step in a crackdown on drunk driving in Colorado tonight, voting unanimously to put repeat DUI offenders in prison.

Current Colorado law treats every conviction for driving under the influence of alcohol or drugs as a misdemeanor. HB15-1043, with the bipartisan sponsorship of Reps. Beth McCann, D-Denver, and Lori Saine, R-Firestone, would make a person’s fourth DUI or DWAI (driving while ability impaired) conviction a Class 4 felony punishable by two to six years’ imprisonment, with a probation-treatment combination continuing to be an option.  

A third DUI within seven years would subject the offender to possible community correction, including residential treatment, and could be charged as a felony if any of several aggravating factors are involved. A second DUI would require the offender to have an ignition interlock device installed in his or her vehicle.  

“At some point, enough is enough,” Rep. McCann told the committee. “We just cannot continue to allow people who are that intoxicated to drive on our streets because of the incredible damage that they can cause.”

Statistics show that roughly three out of four first-time DUI/DWAI offenders will reoffend within three years, and that about a third of the crashes, deaths and injuries attributable to drunk drivers come from repeat offenders.

The bill’s next stop is the Finance Committee, which will have to account for the estimated cost of the bill – at least $4.7 million a year by the time the law would be fully in effect.

“It’s time to take action to make our roads safer for all Colorado drivers,” Rep. Lois Court, D-Denver, said after she voted for the bill. “My greatest concern is that spending restrictions written into our constitution will prevent proper enforcement if, or when, this law goes on the books.”

 

Rep. Windholz passes bill to delay sale of powdered alcohol on Second Reading

Denver – Today, the House of Representatives passed House Bill 1031, sponsored by Representative JoAnn Windholz (R-Commerce City), on Second Reading. House Bill 1031 delays the sale of powdered alcohol in Colorado until the state can implement an adequate regulatory framework. While powdered alcohol is not currently legal for sale in Colorado, it can be purchased online, and has already put several children in the hospital with alcohol poisoning.

“This bill will ensure that Colorado can create the framework needed so powdered alcohol can be sold safely in our state,” said Windholz. “I’m pleased to see this bill receive such strong support from my colleagues in the House and I’m hopeful it will continue to move forward so we can ensure our kids and communities are safe.”

House Bill 1031 will now be heard on Third Reading and, if passed, will head to the state Senate.


 

FOR IMMEDIATE RELEASE Contact: Joel Malecka
Monday, January 26, 2015 (o) 303-866-5679  (c) 970-581-3302

Rep. Windholz gets bill to ban powdered alcohol pending regulation out of committee

Denver – Today, the House State, Veterans, and Military Affairs Committee passed Rep. JoAnn Windholz's (R-Commerce City) bill delaying the sale of powdered alcohol in Colorado until the state can implement an adequate regulatory framework. While powdered alcohol is not currently legal for sale in Colorado, it can be purchased online, and has already put several children in the hospital with alcohol poisoning.

"Powdered alcohol is an untested product and, before it is sold in Colorado, we need to ensure we are prepared for the potential health impacts it could have," said Windholz. "I am pleased to see the committee agree to give the state time to establish the proper framework for the safe sale and consumption of powdered alcohol in Colorado."

House Bill 1031 will now go to the Committee of the Whole, where it will be heard on Second Reading.

 

    • More to come CBOA-logo_clear

 

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