Over the summer, members of the Parker Chamber of Commerce were surprised by the decision the State of Colorado made to shut down the Parker Wine Walks indefinitely.
After one of the five Wine Walks was completed this year, the Chamber of Commerce informed the public they would be postponing future events as there was a complaint made to the State’s Liquor Enforcement Division.
While meeting with town officials, the chamber was told the Wine Walks were shut down indefinitely by the state while they investigated whether the event was compliant with the law.
State Rep. Anthony Hartsook, whose District 44 includes Parker, was also surprised about the state’s decision in August.
In an email from Daniel Carr, a spokesperson for Colorado’s Department of Revenue, the Liquor Enforcement Division claims the division attempted to work directly and “amiably” with the chamber to find a solution so the community’s event could continue legally.
Parker Chamber of Commerce President and CEO T.J. Sullivan said the chamber never received any direct communication from the Liquor Enforcement Division.
“The only communication we received was the unannounced visit of two investigators who questioned our staff for 90 minutes,” said Sullivan. “However, for the division to suggest that they attempted to work directly and amiably with the chamber to save the Wine Walks is completely false.”
Sullivan added the chamber did not receive an email, a phone call or a letter from the state and all communication was to the Town of Parker’s attorney as the legality of the permit was the primary issue.
Hartsook said there has been a lot of confusion regarding the problem.
Additionally, the Liquor Enforcement Division said they subsequently offered several solutions for how the Wine Walks could continue in a way that was compliant with the state law:
- The Parker Chamber of Commerce, or another eligible organization could apply for a Special Event Permit and comply with all requirements.
- The chamber could consider establishing a promotional association with an entertainment district which contains a common consumption area, and comply with all requirements.
- The chamber could require qualifying businesses to apply for a Retail Establishment Permit and comply with all requirements.
Sullivan said the conditions under which the state would allow the Wine Walks were unrealistic.
“By their requirements, we would not be able to charge participants, eliminating all fundraising and risk management benefit,” said Sullivan. “The burden on individual retail establishments to apply for individual permits and insurances is unreasonable.”
The email from the state also stated the Liquor Enforcement Division explained how the current way the Wine Walks were being conducted were not in compliance with existing state laws and the complaint referenced, “was not relevant to the larger issues.”
A list of issues was provided according to Carr.
One issue involved the concern that a sidewalk is a public right of way and drinks cannot leave a public business, regardless of how “public place” is defined in Parker’s municipal code.
Another issue provided by the state was the Greater Downtown Special Private Art permit used goes beyond permitting public consumption as it provides the selling of alcoholic beverages when a participant bought a ticket to the event.
Although Section 44-5-108, C.R.S., allows organizations eligible for a special event permit to hold private functions and be deemed to dispense alcoholic beverages gratuitously, the state said the exemption is unavailable in this event as the Wine Walks were not private functions.
The state added that the Wine Walks were advertised to and attended by the public and the event took place in retail businesses, which are open to the public.
The Town of Parker does not have the authority to create new types of liquor permits as this can only be done by the General Assembly. Also, the state has no record of an application for, or approval of a special event permit for the Wine Walk events to the state licensing authority, said Carr.
According to the state, the purpose of a public consumption area is for the public to bring their own alcoholic beverages to a designated area and a designation area cannot be on a retail licensed area or on a liquor licensed premises.
Hartsook served on the House Finance Committee that heard the HB23-1061 Alcohol Beverage Retail Establishment Permit legislation that was passed in June and said he would take action.
Along with meeting with numerous business owners, the town council and the chamber, Hartsook has spoken with experts in the licensing field.
“I am focused on finding a solution,” said Hartsook. “At this time, I don’t know if the solution will require legislation, or if discussions can resolve the problem. I am still working through the problem at the state level.”
The Colorado Department of Revenue and the Liquor Enforcement Division welcomes further discussion in regard to how the event like Wine Walks would continue, with a focus on solutions that comply with relevant laws and regulations.