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Colorado Issues New Guidance on Emergency Liquor Rules

Colorado Liquor licensingToday, the Colorado Liquor Enforcement Division (LED) issued BULLETIN 20-03 providing “Guidance Regarding LED Response to COVID-19” – and clarification and other information regarding the Governors emergency orders regarding to-go and delivery liquor sales.  The Colorado LED also issued COLORADO REGULATION 47-1101 “DELIVERY AND TAKEOUT SALES AUTHORIZED UNDER EXECUTIVE ORDER(S).”

A few highlights from BULLETIN 20-03 and COLORADO REGULATION 47-110:

  • “The relaxation of certain laws and regulations during this crisis is temporary, and applicable laws and regulations will return to normal operation once this situation is contained and the relevant executive orders and public health orders are no longer in effect.”
  • “Our investigators are out in the field, making sure all liquor establishments engaged in authorized sales through takeout and delivery are taking all necessary precautions to implement social distancing requirements. Please do not be surprised by our investigators contacting licensees via remote technology to perform inspections of your liquor licensed premises.”
  • “Both food and alcohol beverages sold for takeout or delivery must be reflected on the same receipt or transaction.”
  • Executive Order D 2020 011 applies to the following types of Colorado retail liquor licensees:
    • Hotel and Restaurant to include Resort Complex and Related Facilities. Hotel licensees may continue to sell food and beverages to hotel guests via room service, mini-bar, and takeout within the premises.
    • Brew Pub
    • Distillery Pub
    • Vintner’s Restaurant
    • Fermented Malt Beverage (FMB) On-Premises
    • Tavern
    • Beer and Wine
    • Lodging and Entertainment
    • Club licensees can only sell only to club members.
  • AND breweries operating an approved sales room — Notably, distilleries did not make the list.
  • To-go / delivery alcohol beverages may be sold in containers with plastic lids as long as any holes in the lid are covered with tape, and
    no straw is inserted through the lid and contents of the cup are not removed once sealed until the beverage is delivered to a person who is at least 21 years of age in their residence.
  • Purchasers and persons delivering alcohol are subject to state and local laws prohibiting drinking or possessing open containers of alcohol beverages in public and in motor vehicles.
  • All cups or other containers shall be affixed with a label containing a warning statement, with a minimum fourteen (14) font size, stating as follows: “WARNING DO NOT OPEN OR REMOVE SEAL WHILE IN TRANSIT. Purchasers are subject to state and local laws prohibiting drinking or possessing open containers of alcoholic beverages in motor vehicles, including section 42-4-1305, C.R.S.”

Be sure to read both documents if you are engaged in sales of alcohol from the establishments listed above.  There are record keeping requirements that must be followed as well.

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