4-5-17: LICENSE DENIALS AND HEARINGS:
A. Applicant bears the burden of proving it meets the requirements of state and local laws for licensure.
B. An application may be denied where the applicant made misstatements, omissions, misrepresentations, or untruths in the application. Providing misstatements, misrepresentations, omissions, or untruths may be the basis for administrative action.
C. The licensing authority may deny an application, including an initial or renewal application, only for good cause. Good cause shall include the following:
1. During any period in which an applicant is ineligible to apply, or prohibited from applying, for a license pursuant to a penalty imposed under this Code or section 44-7-106, Colorado Revised Statutes, and any rules or regulations.
2. When an applicant failed to provide all required information or documents, provided inaccurate, incomplete, or untruthful information or documents, or failed to cooperate with requests for additional information.
3. The applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of this Code, article 7 of title 44, Colorado Revised Statutes, or any rules promulgated thereunder.
D. If the licensing authority denies an application, the licensing authority shall inform the applicant in writing of the reasons for the denial in a notice of denial, personally delivered to the retailer at the actual retail location or mailed to the retailer at the last-known address as shown by the records.
E. A denied applicant that timely requests a hearing following issuance of a notice of denial shall be served with a notice of grounds for denial, and shall be entitled to a hearing regarding the matters addressed therein.
F. The licensing authority's decision shall constitute a final agency. Any appeal of the licensing authority's decision shall be filed with a district court of competent jurisdiction and venue for purposes of an appeal of a decision is proper in the district court for Summit County. (Ord. 12, Series 2022)