44-4-103. Definitions.

Statute text

Definitions applicable to this article 4 also appear in article 3 of this title 44. As used in this article 4, unless the context otherwise requires:

(1) (a) "Fermented malt beverage" means malt liquors, when purchased by a fermented malt beverage retailer from a wholesaler licensed pursuant to article 3 of this title 44; or when sold by a fermented malt beverage retailer to consumers or to persons licensed under section 44-3-411, 44-3-413, 44-3-414, 44-3-416 to 44-3-420, 44-3-422, 44-3-426, or 44-3-428.

(b) "Fermented malt beverage" does not include confectionery containing alcohol within the limits prescribed by section 25-5-410 (1)(i)(II).

(2) "License" means a grant to a licensee to sell fermented malt beverages or fermented malt beverages and wine at retail as provided by this article 4.

(3) "Licensed premises" means the premises specified in an application for a license under this article 4 that are owned or in possession of the licensee and within which the licensee is authorized to sell, dispense, or serve fermented malt beverages or fermented malt beverages and wine in accordance with the provisions of this article 4.

(4) "Local licensing authority" means the governing body of a municipality or city and county, the board of county commissioners of a county, or any authority designated by municipal or county charter, municipal ordinance, or county resolution.

(5) Repealed.

(6) "State licensing authority" means the executive director or the deputy director of the department if the executive director so designates.

(7) "Wine" means vinous liquors, as defined in section 44-3-103 (59), when purchased by a fermented malt beverage and wine retailer from a wholesaler licensed pursuant to article 3 of this title 44.

History

Source: L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1067, 2, effective October 1. L. 2019: (1)(a) and (2) amended and (5) repealed, (SB 19-011), ch. 1, p. 2, 2, effective January 31. Initiated 2022: (2) and (3) amended and (7) added, Proposition 125, effective March 1, 2023. See L. 2023, p. 3624.

Annotations

Editor's note: (1) This section is similar to former 12-46-103 as it existed prior to 2018.

(2) This section was amended by Proposition 125, with the proclamation of the governor on December 27, 2022. The vote count for the measure at the general election held November 8, 2022, was as follows:

FOR: 1,288,404

AGAINST: 1,200,219