Colorado Governor Issues Order Allowing Restaurants, Bars and Breweries To Deliver Alcohol & Sell Alcohol To-Go
Colorado Executive Order Temporary Suspension of Enforcement on On-Premise Retail Licensees and Breweries to Sell, Deliver Alcohol or Provide Alcohol for Takeout
On March 20, 2020, in response to the coronavirus (COVID-19) crisis, Governor Polis issued Executive Order D 2020 011, which temporarily allows restaurants, bars and breweries operating a salesroom to sell, deliver or provide for takeout of sealed alcohol beverages to customers over 21 years and who also purchase food, for a period of 30 days until April 18, 2020.
Here are the rules … establishments must:
- Operate a Colorado liquor licensed on-premise retail establishment that sells food, or brewery that operates an approved salesroom, and provide alcohol beverage in sealed containers (as defined by C.R.S. 44-3-103(51) without violating the open container law C.R.S. 42-4-1305);
- Hold one of the following on-premise retail license types: Beer and Wine, Brew Pubs, Club Licenses, Distillery Pubs, Hotel & Restaurant, Lodging and Entertainment, Tavern, or Vintners Restaurant;
- Sell alcohol with the sale of food (food and alcohol purchases must be reflected on the same receipt or transaction), or brewery with an approved salesroom;
- Provide only products manufactured on-site, if licensed as a distillery pub or brewery (may not provide mixed drinks) (we read this to only apply to distillery pubs and breweries);
- Receive orders via online, in person, telephonically, or third party vendor;
- Not violate the delivery requirements of the sealed container law in C.R.S. 44-3-103(51): “Sealed containers” means any container or receptacle used for holding an alcohol beverage, which container or receptacle is corked or sealed with any stub, stopper, or cap.”
- Not violate the open container law in C.R.S. 42-4-1305 (we read this to mean: put it in the trunk.)
- Deliveries may only be made to the address provided at the time of the order. Persons making the deliveries must be over the age of 21 and an employee of the licensee. Persons delivering must verify the age of the individual receiving the alcohol beverage(s);
- Sell to only those individuals who are 21 years of age or over (individual placing the order must provide their name, date of birth, and delivery address) and verify information upon delivery; and
- Retain all records regarding the delivery of alcohol beverages pursuant to C.R.S. 44-3-701.
This Executive Order is in effect from March 20, 2020, to April 18, 2020, at which time retailers and brewers will be required to conform and comply with preexisting statutes and rules for on-premise retail licensing and breweries.
You can read the Colorado Liquor Enforcement Notice HERE.
