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Colorado Passes Alcohol Takeout And Delivery Law

Colorado Alcohol DeliveryOn July 10, 2020, Colorado governor Jared Polis signed SB 20-213, making alcohol takeout and delivery the law of the land … until July 1, 2021 that is.  The law permits on-premise retailers such as restaurants and bars sell alcohol via take-out and delivery.  This practice has been in place during the COVID-19 crisis and this law sets additional rules and clarifications.

You can read the entire Colorado  Alcohol Takeout And Delivery Law HERE.

Key Points of Colorado’s Alcohol Take-out and Delivery law:

  • APPLIES TO  BUSINESSES LICENSED TO SELL ALCOHOL BEVERAGES FOR CONSUMPTION ON THE LICENSED PREMISES TO SELL ALCOHOL BEVERAGES FOR CONSUMPTION OFF THE LICENSED PREMISES, I.E., HOTEL RESTAURANT LICENSES, TAVERN LICENSES, BREW PUBS, DISTILLERY PUBS, BEER AND WINE LICENSES, SALES ROOMS, TAP ROOMS, ETC.;
  • A LICENSEE MAY SELL AND DELIVER AN ALCOHOL BEVERAGE TO
    A CUSTOMER FOR CONSUMPTION OFF THE LICENSED PREMISES;
  • IF AN ALCOHOL BEVERAGE IS PART OF A TAKEOUT ORDER FOR
    CONSUMPTION OFF THE LICENSED PREMISES:

    • A CUSTOMER MAY REMOVE THE ALCOHOL BEVERAGE FROM THE
      LICENSED PREMISES IF THE ALCOHOL BEVERAGE IS IN A SEALED CONTAINER
      THAT COMPLIES WITH THE RULES OF THE STATE LICENSING AUTHORITY;
    • A LICENSEE MAY ALLOW A CUSTOMER TO REMOVE THE
      ALCOHOL BEVERAGE FROM THE LICENSED PREMISES;
    • A LICENSEE MAY SELL OR DELIVER ALCOHOL BEVERAGES UNDER THIS SECTION
      BY THE DRINK;
    • MUST OBTAIN / PAY FEE FOR STATE PERMIT;
    • LOCAL LICENSING AUTHORITY MAY CREATE / REQUIRE PERMIT;
    • DELIVERY DRIVERS MUST PASS SELLER / SERVER TRAINING
    • LAW EXPIRES JULY 1, 2021.

To-Go and Delivery Orders are limited to:

  • SEVEN HUNDRED FIFTY MILLILITERS, APPROXIMATELY 26.4 FLUID
    OUNCES, OF SPIRITUOUS LIQUORS AND VINOUS LIQUORS;
  • SEVENTY-TWO FLUID OUNCES, APPROXIMATELY TWO THOUSAND
    FORTY-SIX MILLILITERS, OF MALT LIQUORS, FERMENTED MALT BEVERAGES,
    AND HARD CIDER

Retail Licensees Cannot:

  • Derive more than 50% of its gross annual revenues from sales of food and alcohol beverages from the sale of alcohol beverages through takeout and delivery UNLESS Colorado is under a state of emergency.

The wording of the 50% rule above is slightly confusing, but I interpret it to mean that like Colorado Retail Liquor Stores, a business can delivery up to 50% of its annual alcohol sales revenue.

If you have any questions, please contact us.

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