Effective July 1, 2008, art galleries are authorized to offer to the public, on a limited basis, complimentary wine and other liquors on their premises under an Art Gallery Liquor Permit.  A permit may only be issued to a gallery for four (4) hours in any one day, and for up to fifteen (15) days in one calendar year.     

An art gallery is defined as a business whose primary purpose is the display and sale of fine art or precious or semi-precious metals or stones.  Colo.Rev.Stat. § 12-47-422. 

Fine art means “a work of visual art such as a painting, sculpture, drawing, mosaic or photograph; a work of calligraphy; a work of graphic art such as an etching, a lithograph, an offset print, a silk screen or any other work of similar nature; a craft work in materials, including but not limited to clay, textile, fiber, wood, metal, plastic or glass; and a work in mixed media such as collage or any combination of the art media set forth in this subsection.”  Colo.Rev.Stat. § 6-15-101(4)

Precious or semi-precious metals or stones means “metals such as, but not limited to gold, silver, platinum and pewter and such stones as, but not limited to (alexandrite, diamonds, emeralds, garnets, opals, rubies, sapphires and topaz and such other minerals, stones or gems as are customarily regarded as precious or semi-precious are deemed to be precious or semi-precious stones.”  Colo.Rev.Stat. § 18-16-102(3).

The new Art Gallery Permit authorizes an art gallery to serve alcohol beverages under the following conditions:

v       Complimentary malt, vinous or spirituous liquors is served for consumption only on the licensed premises.

v       No alcohol beverages may be sold directly or indirectly by the drink.

v       There shall be no entrance fee or cover charge.

v       The art gallery shall not intentionally allow more than 250 people to be on the licensed premises at any one time while alcohol beverages are being served.

v       No alcohol beverages may be served more than four (4) hours in any one day.

v       No alcohol beverages may be served for more than fifteen (15) days per permit year.

v       Art gallery permittees are subject to the same requirements and penalties of the Colorado Liquor Code as other licenses. 

v       Art gallery permittees are legally responsible for the control of the alcoholic beverages on their premises. 

v       There can be NO SELF SERVICE OF ALCOHOL BEVERAGES under an Art Gallery Permit.

v       Control of alcoholic beverages on patios will be STRICTLY ENFORCED under the Art Gallery Permit.

v       Art gallery permittees must purchase inventory only from licensed liquor wholesalers, but may purchase up to $500.00 worth of alcohol beverages during a calendar year from a retail liquor store. 

An art gallery permittee can have multiple ownerships or have an interest in other on-premises liquor licenses.  Special Event permits may be issued to a location that holds an Art Gallery Permit.

APPLICATION PROCESS

Applications for Art Gallery Permits shall be shall be filed with the Department of Excise and Licenses no later than thirty (30) days before the date of a desired event.  The Director of the Department may exercise discretion to waive the thirty (30) day requirement in instances where an applicant has, within the previous two years, been qualified for an Art Gallery Permit.  Click here for an application form. 

Application forms shall be verified by oath or affirmation of the gallery owner making application.  No action will be taken by the Department until the application is complete to the satisfaction of the Department.  The Department will review application forms and accompanying documents for accuracy and completeness.  Failure to correct identified problems with the application documents will result in delay in processing the permit.  In reviewing an application, the Department shall apply the same standards for approval and denial applicable to the state licensing authority.

v       Applicants must list on the application each day alcohol beverages will be served.

v       Applicants cannot change the days without at least fifteen (15) days notice to the local and state licensing authorities.

v       An application may not be denied solely on the basis of a proposed location’s proximity to public or private schools or the principal campus of a college, university or seminary.

Applications for Art Gallery Permits must be accompanied by the following documents:

v       Documents in the exact name of the applicant reflecting possession of the permitted area for at least one (1) year from the date of issuance of the Art Gallery Permit.  A possessory document may consist of a deed, lease, sub-lease or assignment of the lease or rental agreement. 

v       A detailed diagram of the proposed licenses premises that clearly depicts the bar and alcohol service areas.

v       Applications for Art Gallery Permits and accompanying documents must be filed in duplicate.  The application form must be signed by the applicant.

APPLICATION FEES

At the time application is made for an Art Gallery Permit, the applicant must remit the following application fees.

Local Fees:           $103.75 made payable to the Manager of Finance

                State Fees:           $  71.25 made payable to the Colorado Department of Revenue

Application fees must be paid by cash, check, or money orders.