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1970 Colorado Attorney General Reports and Opinions 1 (1970)

handle is hein.sag/sagco0003 and id is 1 raw text is: 70-4401 DEPARTMENT OF LAW DUKE W. DUNBAR OFFICE OF THE ATTORNEY GENERAL JOHN P. MOORE ATTORNEY GENERAL 104 STATE CAPITOL DEPUTY ATTORNEY GENERAL DENVER, COLORADO 80203 January 5, 1970 Dr. E. W. Sandberg Executive Director Department of Administration 617 State Services Building Denver, Colorado 80203 Dear Dr. Sandberg: This is in response to your request for my opinion on the following: FACTS: The State is negotiating with the Memorial Building Corporation to purchase the building and property of the Leyden- Chiles-Wickersham American Legion Post No. 1. As part of the purchase agreement, the State will enter into a ten year lease with the Legion whereby the Legion will occupy the entire second floor of the building. In all probability the Legion will desire to retain its present liquor license for its club activities. QUESTION: Is there a legal restriction againsta non-state tenant on state property maintaining a license to sell liquor by the drink? CONCLUSION: No. ANALYSIS: Although it is not clear from the facts presented by you, I am assuming Post No. 1 presently has a hotel and restaurant license issued pursuant to 75-2-22, CRS 1963. I am also assuming this is the license which the Legion wishes to maintain if the sale is accomplished, although my conclusion would be the same whether the Legion retained a hotel and restaurant license or a club license issued pursuant to 75-2-22, CRS 1963. The Liquor Code of 1935 is quite specific concerning the con- ditions under which a license to sell malt, vinous, and spirituous liquors can be granted. To be precise, no new license can be issued: where, within the two years preceding the date of application a license has been denied at the same location, 75-2-39(2), CRS 1963; or where the applicant is not entitled to possession of the premises, 75-2-39(3); or where sale of liquor would violate local zoning laws, 75-2-39(4); or where the biilding wherein liquor is to be sold is within 500 feet of a school located in a town of over 1,000 in- habitants, 75-2-39(5). Moreover, a license cannot be issued unless

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