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(a) Except as otherwise provided in this section, the location of the premises for the sale of alcohol beverages shall not be within 500 feet from any public or parochial school, college, university, or seminary.

(b) The distance restriction set forth in subsection (a) shall not apply where a majority of the student population consists of graduate students who have previously completed their bachelors' degrees.

(c) The distance restriction set forth in subsection (a) shall not apply to hotel-restaurant liquor licenses, provided that the hotel-restaurant licensee is operating a bona fide commercial restaurant. For purposes of this subsection (c), "bona fide commercial restaurant" means a restaurant that complies with the most current version of the Colorado Retail Food Establishment Rules and Regulations, 6 C.C.R. 1010-2, adopted by the State of Colorado Board of Health. All temporary and mobile retail food establishments and pushcarts are excluded from this definition.

The minimum equipment requirements for a bona fide commercial restaurant include:

(1) All equipment must be of commercial design that is certified or classified for sanitation by an American National Standards Institute (ANSI) accredited certification program or approved by the Colorado Department of Health;

(2) A three-compartment sink;

(3) A mop sink;

(4) A hand sink;

(5) Commercial refrigeration;

(6) Steam producing equipment must be located under a ventilation hood;

(7) Grease producing equipment must be located under a type I hood with grease collection and fire prevention systems; and

(8) Grease interceptors.

Failure to comply with all the requirements of a bona fide commercial restaurant in this section may result in suspension or revocation of the hotel-restaurant liquor license.

(d) The distance restriction set forth in subsection (a) shall not apply to lodging and entertainment, limited winery, vintner's restaurant, brew pub, or distillery pub licenses. (Ord. No. 2019-34, § 5, 7-15-2019; Ord. No. 2016-63, § 15, 12-5-2016)