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Colorado Alcohol Delivery is Limited to Certain Retailers – UPDATE

Colorado Alcohol Delivery

Colorado alcohol delivery is limited to certain Colorado liquor licensed retailers.   A retailer licensed pursuant to C.R.S. 44-3-409 (Retail liquor store license),  44-3-410 (Liquor-licensed drugstore license), or subsection 44-4-107(1)(a) (fermented malt beverage license), may deliver alcohol beverages, so long as the retailer follows the rules set forth in Regulation 47-426.

It is important to note that Colorado liquor licensed Restaurants, Breweries, and Bars, for example, may not deliver alcohol.  It remains to be seen if the State of Colorado will adopt emergency rules or issue an order regarding Colorado alcohol delivery – perhaps altering deliver and carry-out laws in the wake of the Coronavirus (COVID-19) crisis.  We will keep you informed as information becomes available. UPDATE: 3/20/2020 11:34am – Colorado Govenor Polis said that the state will permit Colorado Restaurants to deliver “beer and wine.”

For those Colorado liquor retailers permitted to deliver alcohol, the following rules must be followed:

  • Have a licensed premises with the following conditions:
  • Open to the public a minimum of three (3) days a week; and
  • Open to the public a minimum of five (5) hours each day the business is open; and
  • Have signage viewable from a public road.
  • The order for the alcohol beverages which are to be delivered, must be taken by the licensee or an ordering service acting as an agent of the licensee pursuant to a written agreement entered into with the licensee. Licensee shall provide a copy of said agreement to the Division prior to any orders being accepted by licensee’s agent.
  • The order may be taken by written order, by telephone, in person, or via internet communication with the licensee or its agent.
  • The person placing the order must provide the licensee with their name, date of birth, and delivery address. Under no circumstances shall a person under twenty-one (21) years of age be permitted to place an order for alcohol beverages.
  • Delivery of alcohol beverages shall only be made to a person twenty-one (21) years of age or older at the address specified in the order.
  • Delivery must be made by the licensee or the licensee’s employee who is at least twenty-one (21) years of age and is using a vehicle owned or leased by the licensee to make the delivery.
  • The licensee or the licensee’s employee who delivers the alcohol beverages shall note and log at the time of delivery the name and identification number, of the person the alcohol beverages are delivered to. Under no circumstances shall a person under twenty-one (21) years of age be permitted to receive a delivery of alcohol beverages.
  • A licensee must derive no more than fifty (50) percent of its gross annual revenues from total sales of alcohol beverages that the licensee delivers.
  • Licensees who deliver alcohol beverages shall maintain as a part of their required records, pursuant to 44-3-701, C.R.S., all records of delivery including delivery orders, receipt logs and journals. These records shall be maintained by the licensee for the current and three prior calendar years. Failure to maintain accurate or complete records shall be a violation of this regulation.
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