Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0941.04 Yelana Love x2295
HOUSE BILL 22-1417
House Committees Senate Committees
Business Affairs & Labor
A BILL FOR AN ACT
C
ONCERNING THE REGULATION OF ALCOHOL BEVERAGES , AND, IN101
CONNECTION THEREWITH , CREATING AN ALCOHOL BEVERAGE102
REGULATION TASK FORCE , INCREASING THE NUMBER OF STORES103
A RETAIL LIQUOR STORE LICENSEE IS ALLOWED TO OWN ,104
CREATING THE BEER -AND-WINE-LICENSED GROCERY STORE105
LICENSE, AND CONVERTING LIQUOR -LICENSED DRUGSTORE106
LICENSES TO BEER -AND-WINE-LICENSED GROCERY STORE107
LICENSES.108
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
HOUSE SPONSORSHIP
Roberts and Larson,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. http://leg.colorado.gov.)
The bill creates a task force in the department of revenue to study
the regulation of alcohol beverages. The task force is required to review
the current statutes regulating alcohol beverages and make
recommendations concerning how to modernize, clarify, and harmonize
the statutes. The task force is required to report its findings to the general
assembly by December 1, 2023.
The bill modifies laws governing the licensure of retail liquor
stores and liquor-licensed drugstores and creates the new
beer-and-wine-licensed grocery store license.
With regard to retail liquor store licenses, the bill:
! Removes the requirement that a new retail liquor store must
be located a certain distance from an existing
liquor-licensed drugstore;
! Expands the minimum distance between a new retail liquor
store and other existing retail liquor stores from 1,500 feet
to 3,000 feet;
! Effective January 1, 2024, removes the requirement that
only an employee of the retail liquor store may deliver
alcohol beverages and instead allows delivery by any
person who is authorized by the retail liquor store, subject
to specified requirements including that the licensee or the
authorized deliverer obtain a delivery permit from the state
licensing authority and other requirements specified in state
licensing authority rules; and
! Increases the maximum number of retail liquor store
licenses that a person may own.
With regard to liquor-licensed drugstore licenses, the bill:
! Prohibits the state and local licensing authorities from
issuing new liquor-licensed drugstore licenses after the date
the bill takes effect and repeals provisions related to the
ability of liquor-licensed drugstore licensees to obtain
additional licenses;
! Allows a liquor-licensed drugstore licensed before January
1, 2022, to continue to renew the licensee's license, unless
the license has converted to a beer-and-wine-licensed
grocery store license;
! On January 1, 2026, converts every liquor-licensed
drugstore license in effect on that date to a
beer-and-wine-licensed grocery store license, unless the
licensee chooses to remain a liquor-licensed drugstore, and
eliminates the ability of those licensees that convert to a
beer-and-wine-licensed grocery store license to sell
spirituous liquors; and
HB22-1417
-2- ! Effective January 1, 2024, removes the requirement that
only an employee of the liquor-licensed drugstore may
deliver alcohol beverages and instead allows delivery by
any person who is authorized by the liquor-licensed
drugstore, subject to specified requirements including that
the licensee or the authorized deliverer obtain a delivery
permit from the state licensing authority and other
requirements specified in state licensing authority rules.
With regard to beer-and-wine-licensed grocery store licenses, the
bill:
! Creates the new license, available on or after January 1,
2026, with requirements similar to the requirements
applicable to liquor-licensed drugstores, to permit a grocery
store that obtains the license to sell beer and wine only;
! Specifies that a beer-and-wine-licensed grocery store
cannot be located within 1,500 feet of a retail liquor store;
! Allows a beer-and-wine-licensed grocery store to deliver
beer and wine to its customers under the same requirements
applicable to retail liquor stores and liquor-licensed
drugstores;
! Allows a beer-and-wine grocery store to own multiple
stores as follows: On and after January 1, 2026, and before
January 1, 2027, a maximum of 8 stores; on and after
January 1, 2027, and before January 1, 2032, a maximum
of 13 stores; on and after January 1, 2032, and before
January 1, 2037, a maximum of 20 stores; and on and after
January 1, 2037, an unlimited number of additional stores;
! Allows a licensee licensed as a liquor-licensed drugstore on
December 31, 2025, whose license converted to a
beer-and-wine-licensed grocery store license on January 1,
2026, to transfer any spirituous liquors in its possession to
a licensee authorized to sell spirituous liquors but prohibits
the licensee from selling spirituous liquors;
! Permits a beer-and-wine-licensed grocery store to offer
tastings on the licensed premises if authorized by the local
licensing authority; and
! Defines "grocery store" as an establishment that generates
at least 20% of its gross annual income from the sale of
food items.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 44-3-108 as2
HB22-1417-3- follows:1
44-3-108. Alcohol beverage regulation task force - legislative2
declaration - creation - membership - duties - report - definitions -3
repeal. (1) (a) T
HE GENERAL ASSEMBLY HEREBY FINDS THAT :4
(I) T
HERE HAS NOT BEEN A BROAD REVIEW OF THE "COLORADO5
L
IQUOR CODE", THE "COLORADO BEER CODE", ARTICLE 4 OF THIS TITLE6
44,
OR THE OTHER STATUTES REGULATING ALCOHOL BEVERAGES IN7
RECENT HISTORY;8
(II) G
ROWTH IN THE INDUSTRY AND CHANGES IN CONSUMER9
BEHAVIOR, MUCH OF WHICH WAS ACCELERATED BY THE COVID-1910
PANDEMIC, HAVE CREATED AN OPPORTUNITY FOR ENHANCED STATUTORY11
CLARITY IN ORDER TO ALLEVIATE CHALLENGES ASSOCIATED WITH12
INTERPRETING AND ENFORCING THE LAWS ;13
(III) A
DDITIONALLY, THE STATUTES REGULATING ALCOHOL14
BEVERAGES HAVE UNDERGONE LEGISLATIVE CHANGES IN RECENT YEARS15
TO ADDRESS SPECIFIC NICHE ISSUES, WHICH CHANGES OFTEN DO NOT TAKE16
INTO ACCOUNT A HOLISTIC VIEW OF THE CODES , AND SIGNIFICANT17
CHANGES ARE CURRENTLY UNDER CONSIDERATION , EITHER THROUGH18
LEGISLATION OR BALLOT INITIATIVE, THAT COULD FURTHER COMPLICATE19
THE STATUTES;20
(IV) T
HE DEPARTMENT HAS NOTED CONSIDERABLE CHALLENGES21
IN STATUTORY APPLICATION GIVEN THE COMPLEXITY , PERCEIVED22
CONTRADICTIONS, AND RAPIDLY EVOLVING MARKETPLACE INNOVATIONS23
THAT HAVE OCCURRED WITHIN THE ALCOHOL BEVERAGE INDUSTRY ; AND24
(V) I
N ORDER TO FACILITATE STATUTORY COMPLIANCE BY25
LICENSEES, IT IS ESSENTIAL THAT THE DEPARTMENT AND THE ALCOHOL26
BEVERAGE INDUSTRY HAVE A CLEAR , LOGICAL, AND TRANSPARENT27
HB22-1417
-4- REGULATORY FRAMEWORK THAT ALLOWS FOR UNDERSTANDABLE1
REGULATIONS AND ENFORCEMENT , FOSTERS A STRONG INDUSTRY , AND2
SUPPORTS THE DEPARTMENT 'S GOAL OF PUBLIC SAFETY.3
(b) T
HEREFORE, THE GENERAL ASSEMBLY FINDS THAT A TASK4
FORCE COMPRISED OF A BROAD REPRESENTATION OF INTERESTS WILL5
PROVIDE A FORUM TO CRAFT LEGISLATIVE RECOMMENDATIONS FOCUSED6
ON CLARIFYING AND MODERNIZING THE STATUTES REGULATING ALCOHOL7
BEVERAGES IN A WAY THAT POSITIONS THE STATE OF COLORADO, THE8
DEPARTMENT, AND THE ALCOHOL BEVERAGE INDUSTRY FOR SUCCESS FOR9
DECADES TO COME.10
(2) T
HERE IS HEREBY CREATED IN THE DEPARTMENT THE ALCOHOL11
BEVERAGE REGULATION TASK FORCE , REFERRED TO IN THIS SECTION AS12
THE "TASK FORCE".13
(3) (a) T
HE TASK FORCE CONSISTS OF TWENTY-SIX MEMBERS, ONE14
OF WHOM SHALL BE THE STATE LICENSING AUTHORITY OR THE STATE15
LICENSING AUTHORITY'S DESIGNEE, AND TWENTY-FIVE OF WHOM SHALL BE16
APPOINTED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT AS17
FOLLOWS:18
(I) O
NE MEMBER REPRESENTING A LARGE BREWERY , AS19
DETERMINED BY THE EXECUTIVE DIRECTOR ;20
(II) O
NE MEMBER REPRESENTING A SMALL BREWERY , AS21
DETERMINED BY THE EXECUTIVE DIRECTOR ;22
(III) O
NE MEMBER REPRESENTING A LOCAL MANUFACTURER OF23
SPIRITUOUS LIQUORS;24
(IV) O
NE MEMBER REPRESENTING A NATIONAL MANUFACTURER OF25
SPIRITUOUS LIQUORS;26
(V) O
NE MEMBER REPRESENTING A LOCAL MANUFACTURER OF27
HB22-1417
-5- VINOUS LIQUORS; 1
(VI) O
NE MEMBER REPRESENTING A NATIONAL MANUFACTURER OF2
VINOUS LIQUORS; 3
(VII) T
WO MEMBERS REPRESENTING LARGE OFF -PREMISES4
RETAILERS;5
(VIII) T
WO MEMBERS REPRESENTING MEDIUM OFF -PREMISES6
RETAILERS;7
(IX) T
WO MEMBERS REPRESENTING SMALL OFF -PREMISES8
RETAILERS;9
(X) O
NE MEMBER REPRESENTING A WHOLESALER OF MALT10
LIQUORS;11
(XI) O
NE MEMBER REPRESENTING A WHOLESALER OF VINOUS AND12
SPIRITUOUS LIQUORS;13
(XII) O
NE MEMBER REPRESENTING A WHOLESALER OF ANY TYPE14
OF ALCOHOL BEVERAGE WHO HAS NATIONAL WHOLESALING EXPERIENCE ;15
(XIII) O
NE MEMBER REPRESENTING THE HARD CIDER INDUSTRY ;16
(XIV) O
NE MEMBER REPRESENTING A RESTAURANT ;17
(XV) O
NE MEMBER REPRESENTING A TAVERN ;18
(XVI) O
NE MEMBER REPRESENTING A LODGING AND19
ENTERTAINMENT LICENSEE;20
(XVII) O
NE REPRESENTATIVE FROM MOTHERS AGAINST DRUNK21
D
RIVING, OR ITS SUCCESSOR ORGANIZATION;22
(XVIII) O
NE REPRESENTATIVE FROM COLORADO COUNTIES, INC.,23
OR ITS SUCCESSOR ORGANIZATION;24
(XIX) O
NE REPRESENTATIVE FROM THE COLORADO MUNICIPAL25
L
EAGUE, OR ITS SUCCESSOR ORGANIZATION;26
(XX) O
NE REPRESENTATIVE FROM THE COLORADO STATE PATROL;27
HB22-1417
-6- (XXI) ONE REPRESENTATIVE FROM THE COLORADO ASSOCIATION1
OF CHIEFS OF POLICE; AND2
(XXII) O
NE REPRESENTATIVE FROM COUNTY SHERIFFS OF3
C
OLORADO.4
(b) A
S USED IN THIS SUBSECTION (3), FOR THE PURPOSES OF5
MAKING APPOINTMENTS PURSUANT TO THIS SUBSECTION (3):6
(I) "L
ARGE" MEANS A LICENSEE THAT HAS THREE OR MORE7
LICENSED PREMISES IN THE STATE OR THAT EMPLOYS ONE HUNDRED OR8
MORE EMPLOYEES;9
(II) "M
EDIUM" MEANS A LICENSEE THAT HAS AT LEAST TWO10
LICENSED PREMISES IN THE STATE OR THAT EMPLOYS AT LEAST FIFTY AND11
NO MORE THAN NINETY-NINE EMPLOYEES;12
(III) "O
FF-PREMISES RETAILER" MEANS A PERSON LICENSED UNDER13
SECTION 44-3-409, 44-3-410, 44-4-107 (1)(a), OR ANY OTHER PROVISION14
OF THIS ARTICLE 3 OR ARTICLE 4 OF THIS TITLE 44 THAT AUTHORIZES A15
LICENSEE TO SELL ALCOHOL BEVERAGES ONLY TO CONSUMERS FOR16
CONSUMPTION OFF THE LICENSED PREMISES ; AND17
(IV) "S
MALL" MEANS A LICENSEE THAT HAS NO MORE THAN ONE18
LICENSED PREMISES IN THE STATE OR THAT EMPLOYEES FEWER THAN FIFTY19
EMPLOYEES.20
(4) A
LL MEMBERS APPOINTED PURSUANT TO SUBSECTION (3)(a)(I)21
TO (3)(a)(XVI) OF THIS SECTION ARE PREFERRED TO HAVE DEMONSTRABLE22
EXPERIENCE WORKING WITHIN THE SPECIFIC INDUSTRY INTERESTS THEY23
REPRESENT, WHICH EXPERIENCE MUST NOT BE SOLELY IN AN ADVOCACY24
POSITION FOR THOSE INDUSTRY INTERESTS .25
(5) (a) E
ACH MEMBER OF THE TASK FORCE APPOINTED PURSUANT26
TO SUBSECTION (3)(a) OF THIS SECTION SERVES:27
HB22-1417
-7- (I) AT THE PLEASURE OF THE OFFICIAL WHO APPOINTED THE1
MEMBER; AND2
(II)
WITHOUT COMPENSATION AND WIT HOUT REIMBURSEMENT FOR3
EXPENSES.4
(b) A
N APPOINTED TASK FORCE MEMBER MAY DESIGNATE ONE5
OTHER PERSON AUTHORIZED TO ACT IN THE MEMBER 'S ABSENCE BY PROXY,6
AND THE PROXY MAY PERFORM ALL DUTIES IN THE TASK FORCE MEMBER 'S7
ABSENCE, INCLUDING ATTENDING MEETINGS AND VOTING .8
(6) (a) T
HE STATE LICENSING AUTHORITY SHALL ORGANIZE AND9
CALL THE FIRST MEETING OF THE TASK FORCE, TO BE HELD NO LATER THAN10
J
ULY 31, 2022.11
(b) T
HE TASK FORCE SHALL ELECT A CHAIR FROM AMONG ITS12
MEMBERS.13
(c) T
HE TASK FORCE SHALL MEET AT LEAST ONCE EVERY MONTH .14
T
HE CHAIR MAY CALL ADDITIONAL MEETINGS AS NECESSARY FOR THE15
TASK FORCE TO COMPLETE ITS DUTIES.16
(7) T
HE STATE LICENSING AUTHORITY MAY SUBMIT A REQUEST FOR17
PROPOSALS AND HIRE AN OUTSIDE FACILITATOR FOR THE PURPOSE OF18
PROVIDING SUPPORT FOR THE TASK FORCE , GENERATING THE REPORT19
REQUIRED IN SUBSECTION (9) OF THIS SECTION, AND ANY OTHER DUTIES20
ASSIGNED BY THE EXECUTIVE DIRECTOR .21
(8) (a) F
OR THE PURPOSE OF MAKING RECOMMENDATIONS TO THE22
GENERAL ASSEMBLY CONCERNING HOW TO MODERNIZE , CLARIFY, AND23
HARMONIZE THE "COLORADO LIQUOR CODE", THE "COLORADO BEER24
C
ODE", ARTICLE 4 OF THIS TITLE 44, AND OTHER STATUTES REGULATING25
ALCOHOL BEVERAGES, THE TASK FORCE SHALL REVIEW:26
(I) T
HE STATUTES REGULATING ALCOHOL BEVERAGES , CURRENT27
HB22-1417
-8- MARKET TRENDS , AND LAWS AND REGULATIONS FROM OTHER1
JURISDICTIONS;2
(II) R
EPORTS AND RECOMMENDATIONS FROM GOVERNING BODIES ,3
INCLUDING THE UNITED STATES DEPARTMENT OF TREASURY REPORT4
ENTITLED "COMPETITION IN THE MARKETS FOR BEER, WINE, AND5
S
PIRITS", DATED FEBRUARY 9, 2022; AND6
(III) A
NY OTHER MATERIALS DEEMED APPROPRIATE BY THE TASK7
FORCE TO CONSIDER.8
(b) A
S THE TASK FORCE MAKES ITS RECOMMENDATIONS , IT SHALL9
CONSIDER THE FOLLOWING GUIDING PRINCIPLES :10
(I) S
AFEGUARDING THE INTERESTS AND RIGHTS OF CONSUMERS11
THROUGH CONSUMER PROTECTION MEASURES ;12
(II) P
ROTECTING THE GENERAL PUBLIC THROUGH PUBLIC SAFETY13
MEASURES;14
(III) P
ROMOTING A FAIR AND OPEN MARKETPLACE :15
(A) I
N WHICH PRICE IS REFLECTIVE OF SUPPLY AND DEMAND16
TRENDS AND ESTABLISHED ECONOMIC PRINCIPLES ; AND17
(B) T
HAT LIMITS BARRIERS TO ENTRY INTO AND EXIT FROM THE18
ALCOHOL BEVERAGE MARKETPLACE ; AND19
(IV) H
OW ANY RECOMMENDATIONS MAY INTERACT WITH OR20
AFFECT OTHER JURISDICTIONS THAT HAVE RESPONSIBILITY FOR THE21
REGULATION OF ALCOHOL BEVERAGES .22
(c) T
HE TASK FORCE MAY CREATE SUBCOMMITTEES TO CARRY OUT23
ITS DUTIES UNDER THIS SUBSECTION (8).24
(9) (a) O
N OR BEFORE DECEMBER 1, 2023, THE TASK FORCE SHALL25
REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE BUSINESS AFFAIRS26
AND LABOR COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE27
HB22-1417
-9- BUSINESS, LABOR, AND TECHNOLOGY COMMITTEE OF THE SENATE , OR ANY1
SUCCESSOR COMMITTEES. THE REPORT MUST INCLUDE:2
(I) A
NY AGREED-UPON LEGISLATIVE OR ADMINISTRATIVE3
RECOMMENDATIONS ; AND4
(II) A
SYNOPSIS OF DISSENTING VOTES, IF ANY, AND REASONS FOR5
THE DISSENTING VOTES , IF AVAILABLE, REGARDING ANY REPORT6
RECOMMENDATIONS THAT ARE NOT UNANIMOUS .7
(b) A
S USED IN SUBSECTION (9)(a)(I) OF THIS SECTION,8
"
AGREED-UPON" MEANS A SIMPLE MAJORITY OF TASK FORCE MEMBERS9
PRESENT, UNLESS THE TASK FORCE, AT ITS INITIAL MEETING, DETERMINES10
DIFFERENT PARAMETERS FOR WHAT CONSTITUTES AN "AGREED-UPON"11
RECOMMENDATION .12
(10) T
HIS SECTION IS REPEALED, EFFECTIVE MAY 1, 2024.13
SECTION 2. In Colorado Revised Statutes, 44-3-409, amend14
(1)(a)(II), (3), (4)(b)(III), and (4)(b)(IV); repeal (5); and add (4)(b)(V)15
as follows:16
44-3-409. Retail liquor store license - rules - repeal.17
(1) (a) (II) On and after July 1, 2016
THE EFFECTIVE DATE OF THIS18
SUBSECTION (1)(a)(II), AS AMENDED, the state and local licensing19
authorities shall not issue a new retail liquor store license if the premises20
for which the retail liquor store license is sought is located
WITHIN THREE21
THOUSAND FEET OF ANOTHER RETAIL LIQUOR STORE LICENSED UNDER THIS22
SECTION.23
(A) Within one thousand five hundred feet of another retail liquor
24
store licensed under this section or a liquor-licensed drugstore licensed25
under section 44-3-410;26
(B) For a premises located in a municipality with a population of27
HB22-1417
-10- ten thousand or fewer, within three thousand feet of another retail liquor1
store licensed under this section or a liquor-licensed drugstore licensed2
under section 44-3-410; or3
(C) For a premises located in a municipality with a population of4
ten thousand or fewer that is contiguous to the city and county of Denver,5
within one thousand five hundred feet of another retail liquor store6
licensed under this section or a liquor-licensed drugstore licensed under7
section 44-3-410.8
(3) (a) (I) A person licensed to sell at retail who THAT complies9
with this subsection (3) and rules promulgated pursuant to this subsection10
(3) may deliver malt, vinous, and spirituous liquors to a person of legal11
age if:12
(I) (A) The person receiving the delivery of malt, vinous, or13
spirituous liquors is located at a place that is not licensed pursuant to this14
section;15
(II) (B) The delivery is made by an employee of the licensed retail16
liquor store who is at least twenty-one years of age and who is using a17
vehicle owned or leased by the licensee to make the delivery;18
(III) (C) The person making the delivery verifies, in accordance19
with section 44-3-901 (11), that the person receiving the delivery of malt,20
vinous, or spirituous liquors is at least twenty-one years of age; and21
(IV) (D) The retail liquor store derives no more than fifty percent22
of its gross annual revenues from total sales of malt, vinous, and23
spirituous liquors from the sale of malt, vinous, and spirituous liquors that24
the retail liquor store delivers.25
(II) T
HIS SUBSECTION (3)(a) IS REPEALED, EFFECTIVE JANUARY 1,26
2024.27
HB22-1417
-11- (a.5) ON AND AFTER JANUARY 1, 2024, A RETAIL LIQUOR STORE1
LICENSEE THAT COMPLIES WITH THIS SUBSECTION (3) AND RULES2
PROMULGATED PURSUANT TO THIS SUBSECTION (3) MAY DELIVER MALT,3
VINOUS, AND SPIRITUOUS LIQUORS TO A PERSON OF LEGAL AGE IF : 4
(I) T
HE LICENSEE OR A PERSON AUTHORIZED BY THE LICENSEE TO5
MAKE DELIVERIES FOR THE LICENSEE HAS OBTAINED A PERMIT FROM THE6
STATE LICENSING AUTHORITY;7
(II) T
HE PERSON RECEIVING THE DELIVERY OF MALT , VINOUS, OR8
SPIRITUOUS LIQUORS IS LOCATED AT A PLACE THAT IS NOT LICENSED9
PURSUANT TO THIS SECTION;10
(III) T
HE DELIVERY IS MADE BY A PERSON WHO IS AT LEAST11
TWENTY-ONE YEARS OF AGE AND WHO IS AUTHORIZED BY THE LICENSEE12
TO MAKE THE DELIVERY;13
(IV) T
HE PERSON MAKING THE DELIVERY VERIFIES , IN14
ACCORDANCE WITH SECTION 44-3-901 (11), THAT THE PERSON RECEIVING15
THE DELIVERY OF MALT, VINOUS, OR SPIRITUOUS LIQUORS IS AT LEAST16
TWENTY-ONE YEARS OF AGE; AND17
(V) T
HE RETAIL LIQUOR STORE DERIVES NO MORE THAN FIFTY18
PERCENT OF ITS GROSS ANNUAL REVENUES FROM TOTAL SALES OF MALT ,19
VINOUS, AND SPIRITUOUS LIQUORS FROM THE SALE OF MALT, VINOUS, AND20
SPIRITUOUS LIQUORS THAT THE RETAIL LIQUOR STORE DELIVERS .21
(b) (I) The state licensing authority shall promulgate rules as22
necessary for the proper delivery of malt, vinous, and spirituous liquors23
and is authorized to issue a permit to any person who is licensed under24
this section to sell at retail and delivers the liquors pursuant to this25
subsection (3)
AND TO ANY OTHER PERSON WHO INTENDS TO DELIVER26
MALT, VINOUS, AND SPIRITUOUS LIQUORS ON BEHALF OF THE LICENSEE . A27
HB22-1417
-12- permit issued under this subsection (3) is subject to the same suspension1
and revocation provisions as are set forth in section 44-3-601 for other2
licenses granted pursuant to this article 3.3
(II) B
Y JANUARY 1, 2024, THE STATE LICENSING AUTHORITY, BY4
RULE, SHALL ESTABLISH THE REQUIREMENTS FOR OBTAINING A PERMIT TO5
DELIVER ALCOHOL BEVERAGES PURS UANT TO SUBSECTION (3)(a.5) OF THIS6
SECTION. SUCH REQUIREMENTS MUST INCLUDE AN ANNUAL7
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK , CERTIFICATION8
AS A RESPONSIBLE ALCOHOL BEVERAGE VENDOR IN ACCORDANCE WITH9
PART 10 OF THIS ARTICLE 3, PERMIT FEES, AND ANY OTHER REQUIREMENTS10
THE STATE LICENSING AUTHORITY FINDS APPROPRIATE .11
(4) (b) An owner, part owner, shareholder, or person interested12
directly or indirectly in a retail liquor store may have an interest in:13
(III) For a retail liquor store licensed on or before January 1,14
2016, and whose license holder is a Colorado resident,
additional retail15
liquor store licenses as follows, but only if the premises for which a16
license is sought satisfies the distance requirements specified in17
subsection (1)(a)(II) of this section:18
(A) On or after January 1, 2017, and before January 1, 2022, one19
additional retail liquor store license, for a maximum of up to two total20
retail liquor store licenses;21
(B) On or after January 1, 2022, and before January 1, 2027, up22
to two additional retail liquor store licenses, for a maximum of three total23
retail liquor store licenses; and24
(C) On or after January 1, 2027, up to three additional retail liquor25
store licenses, for AND BEFORE JANUARY 1, 2032, a maximum of four total26
retail liquor store licenses; or AND27
HB22-1417
-13- (D) ON OR AFTER JANUARY 1, 2032, A MAXIMUM OF SIX TOTAL1
RETAIL LIQUOR STORE LICENSES;2
(IV) A financial institution referred to in section 44-3-308 (4);
OR3
(V) O
N OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION4
(4)(b)(V),
AN UNLIMITED NUMBER OF ADDITIONAL RETAIL LIQUOR STORE5
LICENSES SO LONG AS EACH ADDITIONAL RETAIL LIQUOR STORE LICENSE6
IS OBTAINED THROUGH A TRANSFER OF OWNERSHIP .7
(5) A liquor-licensed drugstore may apply to the state and local
8
licensing authorities, as part of a single application, for a merger and9
conversion of retail liquor store licenses to a single liquor-licensed10
drugstore license as provided in section 44-3-410 (1)(b).11
SECTION 3. In Colorado Revised Statutes, 44-3-410, amend12
(1)(a)(I), (1)(a)(II)(A), (1)(b), (3), (4)(b)(IV), and (4)(b)(V); and add (8)13
as follows:14
44-3-410. Liquor-licensed drugstore license - multiple licenses15
permitted - requirements - delivery - rules - repeal. (1) (a) (I) A16
liquor-licensed drugstore license shall be issued to persons selling malt,17
vinous, and spirituous liquors in sealed containers not to be consumed at18
the place where sold; On and after July 1, 2016, except as permitted under19
subsection (1)(b) of this section, the state and local licensing authorities20
shall not issue a new liquor-licensed drugstore license if the licensed21
premises for which a liquor-licensed drugstore license is sought is located22
EXCEPT THAT, ON AND AFTER THE EFFECTIVE DATE OF THIS SUBSECTION23
(1)(a)(I),
AS AMENDED, THE STATE OR A LOCAL LICENSING AUTHORITY24
SHALL NOT ISSUE ANY NEW LIQUOR -LICENSED DRUGSTORE LICENSES25
UNDER THIS SECTION.26
(A) Within one thousand five hundred feet of a retail liquor store
27
HB22-1417
-14- licensed under section 44-3-409;1
(B) For a drugstore premises located in a municipality with a2
population of ten thousand or fewer, within three thousand feet of a retail3
liquor store licensed under section 44-3-409; or4
(C) For a drugstore premises located in a municipality with a5
population of ten thousand or fewer that is contiguous to the city and6
county of Denver, within one thousand five hundred feet of a retail liquor7
store licensed under section 44-3-409.8
(II) Nothing in this subsection (1) prohibits:9
(A) The renewal or transfer of ownership of a liquor-licensed10
drugstore license initially issued prior to July 1, 2016 THE EFFECTIVE11
DATE OF THIS SUBSECTION (1)(a)(II)(A), AS AMENDED.12
(b) (I) On or after January 1, 2017, to qualify for an additional13
liquor-licensed drugstore license under this section, a liquor-licensed14
drugstore licensee, or a retail liquor store licensee that was licensed as a15
liquor-licensed drugstore on February 21, 2016, must apply to the state16
and local licensing authorities, as part of a single application, for a17
transfer of ownership of at least two licensed retail liquor stores that were18
licensed or had applied for a license on or before May 1, 2016, a change19
of location of one of the retail liquor stores, and a merger and conversion20
of the retail liquor store licenses into a single liquor-licensed drugstore21
license. The applicant may apply for a transfer, change of location, and22
merger and conversion only if all of the following requirements are met:23
(A) The retail liquor stores that are the subject of the transfer of24
ownership are located within the same local licensing authority25
jurisdiction as the drugstore premises for which the applicant is seeking26
a liquor-licensed drugstore license, and, if any retail liquor stores are27
HB22-1417
-15- located within one thousand five hundred feet of the drugstore premises1
or, for a drugstore premises located in a municipality with a population2
of ten thousand or fewer, within three thousand feet of the drugstore3
premises, the applicant applies to transfer ownership of all retail liquor4
stores located within that distance. If there are no licensed retail liquor5
stores or only one licensed retail liquor store within the same local6
licensing authority jurisdiction as the drugstore premises for which a7
liquor-licensed drugstore license is sought, the applicant shall apply to8
transfer ownership of one or two retail liquor stores, as necessary, that are9
located in the local licensing authority jurisdiction that is nearest to the10
jurisdiction in which the drugstore premises is located.11
(B) Upon transfer and conversion of the retail liquor store licenses12
to a single liquor-licensed drugstore license, the drugstore premises for13
which the liquor-licensed drugstore license is sought will be located at14
least one thousand five hundred feet from all licensed retail liquor stores15
that are within the same local licensing authority jurisdiction as the16
drugstore premises or, for a drugstore premises located in a municipality17
with a population of ten thousand or fewer, at least three thousand feet18
from all licensed retail liquor stores that are within the same local19
licensing authority jurisdiction as the drugstore premises.20
(II) For purposes of determining whether the distance21
requirements specified in subsection (1)(b)(I) of this section are satisfied,22
the distance shall be determined by a radius measurement that begins at23
the principal doorway of the drugstore premises for which the application24
is made and ends at the principal doorway of the licensed retail liquor25
store.26
(III) In making its determination on the transfer of ownership,27
HB22-1417
-16- change of location, and license merger and conversion application, the1
local licensing authority shall consider the reasonable requirements of the2
neighborhood and the desires of the adult inhabitants in accordance with3
section 44-3-312.4
(IV) In addition to any other requirements for licensure under this5
section or this article 3, a person applying for a new liquor-licensed6
drugstore license in accordance with this subsection (1)(b) on or after7
January 1, 2017, or to renew a liquor-licensed drugstore license issued on8
or after January 1, 2017 PRIOR TO THE EFFECTIVE DATE OF THIS9
SUBSECTION (1)(b)(IV), AS AMENDED, under this subsection (1)(b)10
SECTION must:11
(A) Provide evidence to the state and local licensing authorities12
that at least twenty percent of the licensee's gross annual income derived13
from total sales during the prior twelve months at the drugstore premises14
for which a new or renewal licenses LICENSE is sought is from the sale of15
food items, as defined by the state licensing authority by rule; and16
(B) Make and keep its premises open to the public.17
(3) (a) (I) A liquor-licensed drugstore licensee who THAT18
complies with this subsection (3) and rules promulgated pursuant to this19
subsection (3) may deliver malt, vinous, and spirituous liquors to a person20
of legal age if:21
(I) (A) The person receiving the delivery of malt, vinous, or22
spirituous liquors is located at a place that is not licensed pursuant to this23
section;24
(II) (B) The delivery is made by an employee of the25
liquor-licensed drugstore who is at least twenty-one years of age and who26
is using a vehicle owned or leased by the licensee to make the delivery;27
HB22-1417
-17- (III) (C) The person making the delivery verifies, in accordance1
with section 44-3-901 (11), that the person receiving the delivery of malt,2
vinous, or spirituous liquors is at least twenty-one years of age; and3
(IV) (D) The liquor-licensed drugstore derives no more than fifty4
percent of its gross annual revenues from total sales of malt, vinous, and5
spirituous liquors from the sale of malt, vinous, and spirituous liquors that6
the liquor-licensed drugstore delivers.7
(II) T
HIS SUBSECTION (3)(a) IS REPEALED, EFFECTIVE JANUARY 1,8
2024.9
(a.5) O
N AND AFTER JANUARY 1, 2024, A LIQUOR-LICENSED10
DRUGSTORE LICENSEE THAT COMPLIES WITH THIS SUBSECTION (3) AND11
RULES PROMULGATED PURSUANT TO THIS SUBSECTION (3) MAY DELIVER12
MALT, VINOUS, AND SPIRITUOUS LIQUORS TO A PERSON OF LEGAL AGE IF :13
(I) T
HE LICENSEE OR A PERSON AUTHORIZED BY THE LICENSEE TO14
MAKE DELIVERIES FOR THE LICENSEE HAS OBTAINED A PERMIT FROM THE15
STATE LICENSING AUTHORITY;16
(II) T
HE PERSON RECEIVING THE DELIVERY OF MALT , VINOUS, OR17
SPIRITUOUS LIQUORS IS LOCATED AT A PLACE THAT IS NOT LICENSED18
PURSUANT TO THIS SECTION;19
(III) T
HE DELIVERY IS MADE BY A PERSON WHO IS AT LEAST20
TWENTY-ONE YEARS OF AGE AND WHO IS AUTHORIZED BY THE LICENSEE21
TO MAKE THE DELIVERY;22
(IV) T
HE PERSON MAKING THE DELIVERY VERIFIES , IN23
ACCORDANCE WITH SECTION 44-3-901 (11), THAT THE PERSON RECEIVING24
THE DELIVERY OF MALT, VINOUS, OR SPIRITUOUS LIQUORS IS AT LEAST25
TWENTY-ONE YEARS OF AGE; AND26
(V) T
HE LIQUOR-LICENSED DRUGSTORE DERIVES NO MORE THAN27
HB22-1417
-18- FIFTY PERCENT OF ITS GROSS ANNUAL REVENUES FROM TOTAL SALES OF1
MALT, VINOUS, AND SPIRITUOUS LIQUORS FROM THE SALE OF MALT ,2
VINOUS, AND SPIRITUOUS LIQUORS THAT THE LIQUOR -LICENSED3
DRUGSTORE DELIVERS.4
(b) (I) The state licensing authority shall promulgate rules as5
necessary for the proper delivery of malt, vinous, and spirituous liquors6
and is authorized to issue a permit to any liquor-licensed drugstore7
licensee that will allow the licensee to deliver PERSON WHO IS LICENSED8
UNDER THIS SECTION TO SELL AT RETAIL AND DELIVER the MALT, VINOUS,9
AND SPIRITUOUS liquors pursuant to the rules and this subsection (3) AND10
TO ANY OTHER PERSON WHO INTENDS TO DELIVER MALT , VINOUS, AND11
SPIRITUOUS LIQUORS ON BEHALF OF THE LICENSEE. A permit issued under12
this subsection (3) is subject to the same suspension and revocation13
provisions as are set forth in sections 44-3-306 and SECTION 44-3-601 for14
other licenses granted pursuant to this article 3.15
(II) B
Y JANUARY 1, 2024, THE STATE LICENSING AUTHORITY, BY16
RULE, SHALL ESTABLISH THE REQUIREMENTS FOR OBTAINING A PERMIT TO17
DELIVER ALCOHOL BEVERAGES PURS UANT TO SUBSECTION (3)(a.5) OF THIS18
SECTION. SUCH REQUIREMENTS MUST INCLUDE AN ANNUAL19
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK , CERTIFICATION20
AS A RESPONSIBLE ALCOHOL BEVERAGE VENDOR IN ACCORDANCE WITH21
PART 10 OF THIS ARTICLE 3, PERMIT FEES, AND ANY OTHER REQUIREMENTS22
THE STATE LICENSING AUTHORITY FINDS APPROPRIATE .23
(4) (b) An owner, part owner, shareholder, or person interested24
directly or indirectly in a liquor-licensed drugstore may have an interest25
in:26
(IV) For a liquor-licensed drugstore licensed on or before January27
HB22-1417
-19- 1, 2016, or a liquor-licensed drugstore licensee that was licensed as a1
liquor-licensed drugstore on February 21, 2016, that converted its license2
to a retail liquor store license after February 21, 2016, and that applied on3
or before May 1, 2017, to convert its retail liquor store license back to a4
liquor-licensed drugstore license, additional liquor-licensed drugstore5
licenses as follows, but only if obtained in accordance with subsection6
(1)(b) of this section,
AS SUBSECTION (1)(b) EXISTED PRIOR TO THE7
EFFECTIVE DATE OF THIS SUBSECTION (4)(b)(IV), AS AMENDED: 8
(A) On or after January 1, 2017, and before January 1, 2022, four9
additional liquor-licensed drugstore licenses, for a maximum of five total10
liquor-licensed drugstore licenses;
AND11
(B) On or after January 1, 2022, and before January 1, 2027, up
12
to seven additional liquor-licensed drugstore licenses, for a maximum of13
eight total liquor-licensed drugstore licenses.14
(C) On or after January 1, 2027, and before January 1, 2032, up15
to twelve additional liquor-licensed drugstore licenses, for a maximum of16
thirteen total liquor-licensed drugstore licenses;17
(D) On or after January 1, 2032, and before January 1, 2037, up18
to nineteen additional liquor-licensed drugstore licenses, for a maximum19
of twenty total liquor-licensed drugstore licenses; and20
(E) On or after January 1, 2037, an unlimited number of additional21
liquor-licensed drugstore licenses.22
(V) For a liquor-licensed drugstore that submitted an application23
for a new liquor-licensed drugstore license before October 1, 2016,24
additional liquor-licensed drugstore licenses as follows, but only if25
obtained in accordance with subsection (1)(b) of this section,
AS26
SUBSECTION (1)(b) EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS27
HB22-1417
-20- SUBSECTION (4)(b)(V), AS AMENDED:1
(A) On or after January 1, 2019, and before January 1, 2022, four2
additional liquor-licensed drugstore licenses, for a maximum of five total3
liquor-licensed drugstore licenses;
AND4
(B) On or after January 1, 2022, and before January 1, 2027, up
5
to seven additional liquor-licensed drugstore licenses, for a maximum of6
eight total liquor-licensed drugstore licenses.7
(C) On or after January 1, 2027, and before January 1, 2032, up8
to twelve additional liquor-licensed drugstore licenses, for a maximum of9
thirteen total liquor-licensed drugstore licenses;10
(D) On or after January 1, 2032, and before January 1, 2037, up11
to nineteen additional liquor-licensed drugstore licenses, for a maximum12
of twenty total liquor-licensed drugstore licenses; and13
(E) On or after January 1, 2037, an unlimited number of additional14
liquor-licensed drugstore licenses.15
(8) (a) E
XCEPT AS PROVIDED IN SUBSECTION (8)(b) OF THIS16
SECTION, EFFECTIVE JANUARY 1, 2026, EACH LIQUOR-LICENSED17
DRUGSTORE LICENSE ISSUED UNDER THIS SECTION AUTOMATICALLY18
CONVERTS TO A BEER-AND-WINE-LICENSED GROCERY STORE LICENSE19
UNDER SECTION 44-3-410.5, AND, UPON CONVERSION, THE LICENSEE IS20
PERMITTED TO SELL MALT AND VINOUS LIQUORS ONLY AND IS SUBJECT TO21
THE REQUIREMENTS OF THE LICENSE AS SPECIFIED IN SECTION 44-3-410.5.22
(b) A
LIQUOR-LICENSED DRUGSTORE INITIALLY LICENSED BEFORE23
J
ANUARY 1, 2022, MAY CONTINUE TO OPERATE AS A LIQUOR -LICENSED24
DRUGSTORE IF THE LICENSEE NOTIFIES THE STATE LICENSING AUTHORITY25
BY APRIL 1, 2026, IN THE FORM AND MANNER DETERMINED BY THE STATE26
LICENSING AUTHORITY, THAT THE LICENSEE WILL CONTINUE OPERATING27
HB22-1417
-21- A LIQUOR-LICENSED DRUGSTORE. A LIQUOR-LICENSED DRUGSTORE THAT1
DOES NOT CONVERT TO A BEER -AND-WINE-LICENSED GROCERY STORE2
LICENSED PURSUANT TO SUBSECTION (8)(a) OF THIS SECTION MAY3
CONTINUE TO OPERATE UNDER A LIQUOR -LICENSED DRUGSTORE LICENSE,4
SUBJECT TO THE REQUIREMENTS OF THIS SECTION AND ALL OTHER5
APPLICABLE REQUIREMENTS OF THIS ARTICLE 3.6
SECTION 4. In Colorado Revised Statutes, add 44-3-410.5 as7
follows:8
44-3-410.5. Beer-and-wine-licensed grocery store license -9
multiple licenses permitted - requirements - delivery - rules - repeal.10
(1) (a) O
N AND AFTER JANUARY 1, 2026, A BEER-AND-WINE-LICENSED11
GROCERY STORE LICENSE SHALL BE ISSUED TO PERSONS SELLING MALT12
AND VINOUS LIQUORS IN SEALED CONTAINERS NOT TO BE CONSUMED AT13
THE PLACE WHERE SOLD.14
(b) T
HE STATE AND LOCAL LICENSING AUTHORITIES SHALL NOT15
ISSUE A NEW BEER-AND-WINE-LICENSED GROCERY STORE LICENSE IF THE16
PREMISES FOR WHICH A BEER -AND-WINE-LICENSED GROCERY STORE17
LICENSE IS SOUGHT IS LOCATED WITHIN ONE THOUSAND FIVE HUNDRED18
FEET OF A RETAIL LIQUOR STORE LICENSED UNDER SECTION 44-3-409.19
(2) N
OTHING IN SUBSECTION (1) OF THIS SECTION PROHIBITS:20
(a) T
HE RENEWAL OR TRANSFER OF OWNERSHIP OF A21
BEER-AND-WINE-LICENSED GROCERY STORE LICENSE INITIALLY LICENSED22
AS A LIQUOR-LICENSED DRUGSTORE; OR23
(b) A
BEER-AND-WINE-LICENSED GROCERY STORE FROM ALLOWING24
TASTINGS ON THE LICENSED PREMISES IF THE APPLICABLE LOCAL25
LICENSING AUTHORITY HAS AUTHORIZED THE BEER -AND-WINE-LICENSED26
GROCERY STORE TO CONDUCT TASTINGS ON ITS LICENSED PREMISES IN27
HB22-1417
-22- ACCORDANCE WITH SECTION 44-3-301 (10).1
(3) I
N ADDITION TO ANY OTHER REQUIREMENTS FOR LICENSURE2
UNDER THIS SECTION OR THIS ARTICLE 3, A PERSON APPLYING FOR A NEW3
OR TO RENEW A BEER-AND-WINE-LICENSED GROCERY STORE LICENSE IN4
ACCORDANCE WITH SUBSECTION (1) OF THIS SECTION MUST:5
(a) P
ROVIDE EVIDENCE TO THE STATE AND LOCAL LICENSING6
AUTHORITIES THAT AT LEAST TWENTY PERCENT OF THE LICENSEE 'S GROSS7
ANNUAL INCOME DERIVED FROM TOTAL SALES DURING THE PRIOR TWELVE8
MONTHS AT THE LICENSED PREMISES FOR WHICH A NEW OR RENEWAL9
LICENSE IS SOUGHT IS FROM THE SALE OF FOOD ITEMS, AS DEFINED BY THE10
STATE LICENSING AUTHORITY BY RULE ; AND11
(b) M
AKE AND KEEP ITS PREMISES OPEN TO THE PUBLIC.12
(4) (a) A
PERSON LICENSED TO SELL MALT AND VINOUS LIQUORS AS13
PROVIDED IN THIS SECTION SHALL:14
(I) P
URCHASE MALT AND VI NOUS LIQUORS ONLY FROM A15
WHOLESALER LICENSED UNDER THIS ARTICLE 3;16
(II) (A) N
OT SELL MALT OR VINOUS LIQUORS TO CONSUMERS AT A17
PRICE THAT IS BELOW THE BEER-AND-WINE-LICENSED GROCERY STORE'S18
COST, AS LISTED ON THE INVOICE, TO PURCHASE THE MALT OR VINOUS19
LIQUORS, UNLESS THE SALE IS OF DISCONTINUED OR CLOSE-OUT MALT OR20
VINOUS LIQUORS.21
(B) T
HIS SUBSECTION (4)(a)(II) DOES NOT PROHIBIT A22
BEER-AND-WINE-LICENSED GROCERY STORE FROM OPERATING A BONA23
FIDE LOYALTY OR REWARDS PROGRAM FOR MALT OR VINOUS LIQUORS SO24
LONG AS THE PRICE FOR THE PRODUCT IS NOT BELOW THE25
BEER-AND-WINE-LICENSED GROCERY STORE'S COSTS AS LISTED ON THE26
INVOICE. THE STATE LICENSING AUTHORITY MAY ADOPT RULES TO27
HB22-1417
-23- IMPLEMENT THIS SUBSECTION (4)(a)(II).1
(III) N
OT ALLOW CONSUMERS TO PURCHASE MALT OR VINOUS2
LIQUORS AT A SELF-CHECKOUT OR OTHER MECHANISM THAT ALLOWS THE3
CONSUMER TO COMPLETE THE ALCOHOL BEVERAGE PURCHASE WITHOUT4
ASSISTANCE FROM AND COMPLETION OF THE ENTIRE TRANSACTION BY AN5
EMPLOYEE OF THE BEER-AND-WINE-LICENSED GROCERY STORE;6
(IV) R
EQUIRE, IN ACCORDANCE WITH SECTION 44-3-901 (11),7
CONSUMERS ATTEMPTING TO PURCHASE MALT OR VINOUS LIQUORS TO8
PRESENT A VALID IDENTIFICATION , AS DETERMINED BY THE STATE9
LICENSING AUTHORITY BY RULE; AND10
(V) N
OT SELL CLOTHING OR ACCESSORIES IMPRINTED WITH11
ADVERTISING, LOGOS, SLOGANS, TRADEMARKS, OR MESSAGES RELATED TO12
ALCOHOL BEVERAGES.13
(b) A
PERSON LICENSED UNDER THIS SECTION SHALL NOT14
PURCHASE MALT OR VINOUS LIQUORS FROM A WHOLESALER ON CREDIT15
AND SHALL EFFECT PAYMENT UPON DELIVERY OF THE ALCOHOL16
BEVERAGES.17
(5) (a) O
N AND AFTER JANUARY 1, 2026, A18
BEER-AND-WINE-LICENSED GROCERY STORE LICENSEE THAT COMPLIES19
WITH THIS SUBSECTION (5) AND RULES PROMULGATED PURSUANT TO THIS20
SUBSECTION (5) MAY DELIVER MALT AND VINOUS LIQUORS TO A PERSON21
OF LEGAL AGE IF:22
(I) T
HE LICENSEE OR A PERSON AUTHORIZED BY THE LICENSEE TO23
MAKE DELIVERIES FOR THE LICENSEE HAS OBTAINED A PERMIT FROM THE24
STATE LICENSING AUTHORITY;25
(II) T
HE PERSON RECEIVING THE DELIVERY OF MALT OR VINOUS26
LIQUORS IS LOCATED AT A PLACE THAT IS NOT LICENSED PURSUANT TO27
HB22-1417
-24- THIS SECTION;1
(III) T
HE DELIVERY IS MADE BY A PERSON WHO IS AT LEAST2
TWENTY-ONE YEARS OF AGE AND WHO IS AUTHORIZED BY THE LICENSEE3
TO MAKE THE DELIVERY;4
(IV) T
HE PERSON MAKING THE DELIVERY VERIFIES , IN5
ACCORDANCE WITH SECTION 44-3-901 (11), THAT THE PERSON RECEIVING6
THE DELIVERY OF MALT OR VINOUS LIQUORS IS AT LEAST TWENTY -ONE7
YEARS OF AGE; AND8
(V) T
HE BEER-AND-WINE-LICENSED GROCERY STORE DERIVES NO9
MORE THAN FIFTY PERCENT OF ITS GROSS ANNUAL REVENUES FROM TOTAL10
SALES OF MALT AND VI NOUS LIQUORS FROM THE SALE OF MALT AND11
VINOUS LIQUORS THAT THE BEER -AND-WINE-LICENSED GROCERY STORE12
DELIVERS.13
(b) (I) T
HE STATE LICENSING AUTHORITY SHALL PROMULGATE14
RULES AS NECESSARY FOR THE PROPER DELIVERY OF MALT AND VINOUS15
LIQUORS AND IS AUTHORIZED TO ISSUE A PERMIT TO ANY PERSON WHO IS16
LICENSED UNDER THIS SECTION TO SELL AT RETAIL AND DELIVER THE MALT17
AND VINOUS LIQUORS PURSUANT TO THIS SUBSECTION (5) AND TO ANY18
OTHER PERSON WHO INTENDS TO DELIVER MALT AND VINOUS LIQUORS ON19
BEHALF OF THE LICENSEE. A PERMIT ISSUED UNDER THIS SUBSECTION (5)20
IS SUBJECT TO THE SAME SUSPENSION AND REVOCATION PROVISIONS AS21
ARE SET FORTH IN SECTION 44-3-601 FOR OTHER LICENSES GRANTED22
PURSUANT TO THIS ARTICLE 3.23
(II) B
Y JANUARY 1, 2026, THE STATE LICENSING AUTHORITY, BY24
RULE, SHALL ESTABLISH THE REQUIREMENTS FOR OBTAINING A PERMIT TO25
DELIVER ALCOHOL BEVERAGES PURSUANT TO THIS SUBSECTION (5)(b).26
S
UCH REQUIREMENTS MUST INCLUDE AN ANNUAL FINGERPRINT -BASED27
HB22-1417
-25- CRIMINAL HISTORY RECORD CHECK , CERTIFICATION AS A RESPONSIBLE1
ALCOHOL BEVERAGE VENDOR IN ACCORDANCE WITH PART 10 OF THIS2
ARTICLE 3, PERMIT FEES, AND ANY OTHER REQUIREMENTS THE STATE3
LICENSING AUTHORITY FINDS APPROPRIATE .4
(6) (a) E
XCEPT AS PROVIDED IN SUBSECTION (6)(b) OF THIS5
SECTION, IT IS UNLAWFUL FOR ANY OWNER, PART OWNER, SHAREHOLDER,6
OR PERSON INTERESTED DIRECTLY OR INDIRECTLY IN A7
BEER-AND-WINE-LICENSED GROCERY STORE TO CONDUCT , OWN EITHER IN8
WHOLE OR IN PART, OR BE DIRECTLY OR INDIRECTLY INTERESTED IN ANY9
OTHER BUSINESS LICENSED PURSUANT TO THIS ARTICLE 3.10
(b) A
N OWNER, PART OWNER, SHAREHOLDER, OR PERSON11
INTERESTED DIRECTLY OR INDIRECTLY IN A BEER -AND-WINE-LICENSED12
GROCERY STORE MAY HAVE AN INTEREST IN :13
(I) A
N ARTS LICENSE GRANTED UNDER THIS ARTICLE 3;14
(II) A
N AIRLINE PUBLIC TRANSPORTATION SYSTEM LICENSE15
GRANTED UNDER THIS ARTICLE 3;16
(III) A
FINANCIAL INSTITUTION REFERRED TO IN SECTION 44-3-30817
(4);18
(IV) A
DDITIONAL BEER-AND-WINE-LICENSED GROCERY STORE19
LICENSES AS FOLLOWS:20
(A) O
N OR AFTER JANUARY 1, 2026, AND BEFORE JANUARY 1,21
2027,
A MAXIMUM OF EIGHT TOTAL BEER-AND-WINE-LICENSED GROCERY22
STORE LICENSES;23
(B) O
N OR AFTER JANUARY 1, 2027, AND BEFORE JANUARY 1,24
2032,
A MAXIMUM OF THIRTEEN TOTAL BEER -AND-WINE-LICENSED25
GROCERY STORE LICENSES;26
(C) O
N OR AFTER JANUARY 1, 2032, AND BEFORE JANUARY 1,27
HB22-1417
-26- 2037, A MAXIMUM OF TWENTY TOTAL BEER -AND-WINE-LICENSED1
GROCERY STORE LICENSES; AND2
(D) O
N OR AFTER JANUARY 1, 2037, AN UNLIMITED NUMBER OF3
BEER-AND-WINE-LICENSED GROCERY STORE LICENSES .4
(7) (a) A
BEER-AND-WINE-LICENSED GROCERY STORE LICENSED5
UNDER THIS SECTION SHALL NOT STORE MALT AND VINOUS LIQUORS OFF6
THE LICENSED PREMISES.7
(b) A
LICENSED WHOLESALER SHALL MAKE ALL DELIVERIES OF8
MALT AND VINOUS LIQUORS TO A BEER -AND-WINE-LICENSED GROCERY9
STORE:10
(I) T
HROUGH A COMMON CARRIER , THROUGH A CONTRACT11
CARRIER, OR ON VEHICLES OWNED BY THE WHOLESALER ; AND12
(II) O
NLY TO THE BUSINESS ADDRESS OF THE13
BEER-AND-WINE-LICENSED GROCERY STORE.14
(8) (a) A
BEER-AND-WINE-LICENSED GROCERY STORE LICENSED15
UNDER THIS SECTION SHALL HAVE AT LEAST ONE MA NAGER PERMITTED16
UNDER SECTION 44-3-427 WHO WORKS ON THE LICENSED PREMISES . THE17
BEER-AND-WINE-LICENSED GROCERY STORE SHALL DESIGNATE AT LEAST18
ONE PERMITTED MANAGER ON THE LICENSED PREMISES TO CONDUCT THE19
BEER-AND-WINE-LICENSED GROCERY STORE 'S PURCHASES OF ALCOHOL20
BEVERAGES FROM A LICENSED WHOLESALER . A LICENSED WHOLESALER21
SHALL TAKE ORDERS FOR ALCOHOL BEVERAGES ONLY FROM A PERMITTED22
MANAGER DESIGNATED BY THE BEER -AND-WINE-LICENSED GROCERY23
STORE.24
(b) A
BEER-AND-WINE-LICENSED GROCERY STORE MUST OBTAIN25
AND MAINTAIN A CERTIFICATION AS A RESPONSIBLE ALCOHOL BEVERAGE26
VENDOR IN ACCORDANCE WITH PART 10 OF THIS ARTICLE 3.27
HB22-1417
-27- (c) AN EMPLOYEE OF A BEER-AND-WINE-LICENSED GROCERY STORE1
WHO IS UNDER TWENTY-ONE YEARS OF AGE SHALL NOT DELIVER MALT OR2
VINOUS LIQUORS OFFERED FOR SALE ON , OR SOLD AND REMOVED FROM ,3
THE LICENSED PREMISES.4
(9) A
PERSON LICENSED UNDER THIS SECTION THAT OBTAINS5
ADDITIONAL BEER-AND-WINE-LICENSED GROCERY STORE LICENSES IN6
ACCORDANCE WITH SUBSECTION (6)(b)(IV) OF THIS SECTION MAY7
OPERATE UNDER A SINGLE OR CONSOLIDATED CORPORATE ENTITY BUT8
SHALL NOT COMMINGLE PURCHASES OF OR CREDIT EXTENSIONS FOR9
PURCHASES OF MALT OR VINOUS LIQUORS FROM A WHOLESALER LICENSED10
UNDER THIS ARTICLE 3 FOR MORE THAN ONE LICENSED PREMISES . A11
WHOLESALER LICENSED UNDER THIS ARTICLE 3 SHALL NOT BASE THE PRICE12
FOR THE MALT OR VINOUS LIQUORS IT SELLS TO A13
BEER-AND-WINE-LICENSED GROCERY STORE LICENSED UNDER THIS14
SECTION ON THE TOTAL VOLUME OF MALT OR VINOUS LIQUORS THAT THE15
LICENSEE PURCHASES FOR MULTIPLE LICENSED PREMISES .16
(10) (a) E
FFECTIVE JANUARY 1, 2026, EXCEPT AS PROVIDED IN17
SECTION 44-3-410 (8)(b), EACH LIQUOR-LICENSED DRUGSTORE LICENSE18
INITIALLY ISSUED UNDER SECTION 44-3-410 BEFORE JANUARY 1, 2022,19
AUTOMATICALLY CONVERTS TO A BEER -AND-WINE-LICENSED GROCERY20
STORE LICENSE.21
(b) (I) N
OT LATER THAN APRIL 1, 2026, A LICENSEE LICENSED AS22
A LIQUOR-LICENSED DRUGSTORE ON DECEMBER 31, 2025, WHICH LICENSE23
CONVERTED TO A BEER-AND-WINE-LICENSED GROCERY STORE LICENSE ON24
J
ANUARY 1, 2026, MAY TRANSFER SPIRITUOUS LIQUORS IN THE LICENSEE'S25
POSSESSION TO A LICENSEE AUTHORIZED BY THIS ARTICLE 3 TO SELL26
SPIRITUOUS LIQUORS AT RETAIL FOR CONSUMPTION OFF THE PREMISES .27
HB22-1417
-28- THIS SUBSECTION (10)(b) DOES NOT AUTHORIZE A1
BEER-AND-WINE-LICENSED GROCERY STORE TO SELL SPIRITUOUS LIQUORS .2
(II) F
ROM JANUARY 1, 2026, THROUGH APRIL 1, 2026, IT IS NOT A3
VIOLATION OF SECTION 44-3-901 FOR A BEER-AND-WINE-LICENSED4
GROCERY STORE TO HAVE SPIRITUOUS LIQUORS IN ITS POSSESSION OR TO5
TRANSFER SPIRITUOUS LIQUORS AS PROVIDED IN THIS SUBSECTION (10)(b).6
(III) T
HIS SUBSECTION (10)(b) IS REPEALED, EFFECTIVE OCTOBER7
1,
2026.8
SECTION 5. In Colorado Revised Statutes, 44-3-103, amend9
(56); and add (19.5) as follows:10
44-3-103. Definitions. As used in this article 3 and article 4 of11
this title 44, unless the context otherwise requires:12
(19.5) "G
ROCERY STORE" MEANS AN ESTABLISHMENT THAT13
GENERATES AT LEAST TWENTY PERCENT OF GROSS ANNUAL INCOME FROM14
THE SALE OF FOOD ITEMS.15
(56) "Tastings" means the sampling,
BY ADULT PATRONS OF A16
LICENSEE PURSUANT TO SECTION 44-3-301 (10), of malt, vinous, or17
spiritous liquors that may occur on the premises of a retail liquor store18
licensee
or liquor-licensed drugstore licensee by adult patrons of the19
licensee pursuant to the provisions of section 44-3-301 (10) OR THE20
SAMPLING OF MALT AND VINOUS LIQUORS THAT MAY OCCUR ON THE21
PREMISES OF A BEER-AND-WINE-LICENSED GROCERY STORE LICENSEE .22
SECTION 6. In Colorado Revised Statutes, 44-3-104, amend23
(2)(c) as follows:24
44-3-104. Wine shipments - permits. (2) A winery direct25
shipper's permit may be issued to only a person who applies for such26
permit to the state licensing authority and who:27
HB22-1417
-29- (c) Except as provided in sections 44-3-402 (1) and 44-3-407 (3),1
does not directly or indirectly have any financial interest in a Colorado2
wholesaler or retailer licensed pursuant to section 44-3-407, 44-3-409, or3
44-3-410,
OR 44-3-410.5.4
SECTION 7. In Colorado Revised Statutes, 44-3-107, amend5
(2)(c) as follows:6
44-3-107. Permitted acts - auctions at special events -7
definition. (2) (c) The retail value of alcohol beverages donated to an8
organization pursuant to this section by a retailer licensed under section9
44-3-409, 44-3-410, 44-3-410.5, or 44-4-104 (1)(c) to sell alcohol10
beverages at retail for consumption off the licensed premises does not11
count against the annual limit on purchases from those retailers specified12
in section 44-3-411 (2), 44-3-413 (7)(b), 44-3-414 (2), 44-3-416 (2),13
44-3-417 (3), 44-3-418 (2), 44-3-419 (4), 44-3-420 (2), 44-3-422 (3),14
44-3-426 (4)(b), or 44-3-428 (2).15
SECTION 8. In Colorado Revised Statutes, 44-3-301, amend16
(9)(a)(I)(C), (10)(b), (10)(c)(I)(A), (10)(c)(XII), (10)(d), (10)(e), and17
(12)(a) as follows:18
44-3-301. Licensing in general. (9) (a) (I) (C) The state and local19
licensing authorities shall not grant permission under this subsection20
(9)(a)(I) to a retail liquor store licensed under section 44-3-409 to move21
its permanent location if the new location is Within one thousand five
22
hundred WITHIN THREE THOUSAND feet of another retail liquor store23
licensed under section 44-3-409. for a premises located in a municipality24
with a population of ten thousand or fewer, within three thousand feet of25
another retail liquor store licensed under section 44-3-409; or, for a26
premises located in a municipality with a population of ten thousand or27
HB22-1417
-30- fewer that is contiguous to the city and county of Denver, within one1
thousand five hundred feet of another retail liquor store licensed under2
section 44-3-409.3
(10) (b) A retail liquor store, or liquor-licensed drugstore, OR4
BEER-AND-WINE-LICENSED GROCERY STORE licensee who THAT wishes to5
conduct tastings may submit an application or application renewal to the6
local licensing authority. The local licensing authority may reject the7
application if the applicant fails to establish that he or she THE APPLICANT8
is able to conduct tastings without violating the provisions of this section9
or creating a public safety risk to the neighborhood. A local licensing10
authority may establish its own application procedure and may charge a11
reasonable application fee.12
(c) Tastings are subject to the following limitations:13
(I) Tastings shall be conducted only:14
(A) By a person who: Has completed a server training program15
that meets the standards established by the liquor enforcement division in16
the department and is a retail liquor store, or liquor-licensed drugstore, or17
BEER-AND-WINE-LICENSED GROCERY STORE licensee, an employee of a18
retail liquor store, or liquor-licensed drugstore, OR19
BEER-AND-WINE-LICENSED GROCERY STORE licensee, or a representative,20
employee, or agent of the licensed wholesaler, brew pub, distillery pub,21
manufacturer, limited winery, importer, or vintner's restaurant promoting22
the alcohol beverages for the tasting; and23
(XII) No manufacturer of spirituous or vinous liquors shall induce24
a licensee through free goods or financial or in-kind assistance to favor25
the manufacturer's products being sampled at a tasting. The retail liquor26
store, or liquor-licensed drugstore, OR BEER-AND-WINE-LICENSED27
HB22-1417
-31- GROCERY STORE licensee bears the financial and all other responsibility1
for a tasting conducted on its licensed premises.2
(d) A violation of a limitation specified in this subsection (10) by3
a retail liquor store, or liquor-licensed drugstore, OR4
BEER-AND-WINE-LICENSED GROCERY STORE licensee, whether by the5
licensee's employees, agents, or otherwise or by a representative,6
employee, or agent of the licensed wholesaler, brew pub, distillery pub,7
manufacturer, limited winery, importer, or vintner's restaurant that8
promoted the alcohol beverages for the tasting, is the responsibility of,9
and section 44-3-801 applies to, the retail liquor store, or liquor-licensed10
drugstore,
OR BEER-AND-WINE-LICENSED GROCERY STORE licensee that11
conducted the tasting.12
(e) A retail liquor store, or
liquor-licensed drugstore, OR13
BEER-AND-WINE-LICENSED GROCERY STORE licensee conducting a tasting14
shall be IS subject to the same revocation, suspension, and enforcement15
provisions as otherwise apply to the licensee.16
(12) (a) Notwithstanding any other provision of this article 3, on17
and after July 1, 2016, the state and local licensing authorities shall not18
issue a new license under this article 3 authorizing the sale at retail of19
malt, vinous, or spirituous liquors in sealed containers for consumption20
off the licensed premises if the premises for which the retail license is21
sought is located NOT IN COMPLIANCE WITH SECTION 44-3-409 (1)(a) OR22
44-3-410.5 (1)(b),
AS APPLICABLE.23
(I) Within one thousand five hundred feet of another licensed
24
premises licensed to sell malt, vinous, or spirituous liquors at retail for25
off-premises consumption;26
(II) For a premises located in a municipality with a population of27
HB22-1417
-32- ten thousand or fewer, within three thousand feet of another licensed1
premises licensed to sell malt, vinous, or spirituous liquors at retail for2
off-premises consumption; or3
(III) For a premises located in a municipality with a population of4
ten thousand or fewer that is contiguous to the city and county of Denver,5
within one thousand five hundred feet of another licensed premises6
licensed to sell malt, vinous, or spirituous liquors at retail for off-premises7
consumption.8
SECTION 9. In Colorado Revised Statutes, 44-3-309, amend9
(1)(b); and add (1)(o) as follows:10
44-3-309. Local licensing authority - applications - optional11
premises licenses. (1) A local licensing authority may issue only the12
following alcohol beverage licenses upon payment of the fee specified in13
section 44-3-505:14
(b) Liquor-licensed drugstore license;
EXCEPT THAT, ON AND15
AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (1)(b), AS AMENDED, A16
LOCAL LICENSING AUTHORITY SHALL NOT ISSUE A NEW LIQUOR -LICENSED17
DRUGSTORE LICENSE;18
(o) B
EER-AND-WINE-LICENSED GROCERY STORE LICENSE .19
SECTION 10. In Colorado Revised Statutes, 44-3-312, amend20
(2)(a) as follows:21
44-3-312. Results of investigation - decision of authorities.22
(2) (a) Before entering any decision approving or denying the
AN23
application
FOR LICENSURE, the local licensing authority shall consider,24
except where this article 3 specifically provides otherwise, the facts and25
evidence adduced as a result of its investigation, as well as any other26
facts; the reasonable requirements of the neighborhood for the type of27
HB22-1417
-33- license for which application has been made; the desires of the adult1
inhabitants; the number, type, and availability of alcohol beverage outlets2
located in or near the neighborhood under consideration; and any other3
pertinent matters affecting the qualifications of the applicant for the4
conduct of the type of business proposed; except that the reasonable5
requirements of the neighborhood shall not be considered in the issuance6
of a club liquor license. For the merger and conversion of retail liquor7
store licenses to a single liquor-licensed drugstore license in accordance8
with section 44-3-410 (1)(b), the local licensing authority shall consider9
the reasonable requirements of the neighborhood and the desires of the10
adult inhabitants of the neighborhood.11
SECTION 11. In Colorado Revised Statutes, 44-3-401, amend12
(1)(i); and add (1)(y) as follows:13
44-3-401. Classes of licenses and permits - rules. (1) For the14
purpose of regulating the manufacture, sale, and distribution of alcohol15
beverages, the state licensing authority in its discretion, upon application16
in the prescribed form made to it, may issue and grant to the applicant a17
license or permit from any of the following classes, subject to the18
provisions and restrictions provided by this article 3:19
(i) Liquor-licensed drugstore license;
EXCEPT THAT, ON AND20
AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (1)(i), AS AMENDED, THE21
STATE LICENSING AUTHORITY SHALL NOT ISSUE A NEW LIQUOR -LICENSED22
DRUGSTORE LICENSE;23
(y) B
EER-AND-WINE-LICENSED GROCERY STORE LICENSE .24
SECTION 12. In Colorado Revised Statutes, 44-3-425, amend25
(2)(a) as follows:26
44-3-425. Wine packaging permit - limitations - rules. (2) A27
HB22-1417
-34- licensed winery or limited winery that obtains a wine packaging permit1
pursuant to this section shall not sell or distribute tax-paid wine it2
packages:3
(a) To a person licensed to sell alcohol beverages at retail, for4
consumption on or off the licensed premises, under section 44-3-409,5
44-3-410, 44-3-410.5, 44-3-411, 44-3-412, 44-3-413, 44-3-414, 44-3-415,6
44-3-416, 44-3-417, 44-3-418, 44-3-419, 44-3-420, 44-3-421, 44-3-422,7
44-3-424, 44-3-426, or 44-3-428; or8
SECTION 13. In Colorado Revised Statutes, 44-3-427, amend9
(1), (2) introductory portion, and (4) as follows:10
44-3-427. Liquor-licensed drugstore manager's permit.11
(1) The state licensing authority may issue a manager's permit to an12
individual who:13
(a) Is employed by a liquor-licensed drugstore licensed under14
section 44-3-410
OR A BEER-AND-WINE-LICENSED GROCERY STORE15
LICENSED UNDER SECTION 44-3-410.5; and who
16
(b) Will be in actual control of:17
(I) The A liquor-licensed drugstore's alcohol beverage operations;18
OR19
(II)
A BEER-AND-WINE-LICENSED GROCERY STORE 'S MALT AND20
VINOUS LIQUORS OPERATIONS.21
(2) An individual seeking a manager's permit shall apply to the22
state licensing authority in the form and manner required by the state23
licensing authority. To obtain a manager's permit, the individual must24
demonstrate that he or she
THE INDIVIDUAL:25
(4) In recognition of the state's flourishing local breweries,26
wineries, and distilleries that locally produce high-quality malt, vinous,27
HB22-1417
-35- and spirituous liquors, managers of liquor-licensed drugstores AND1
BEER-AND-WINE-LICENSED GROCERY STORES are encouraged to purchase2
and promote locally produced alcohol beverage products in their3
liquor-licensed drugstores
AND BEER-AND-WINE-LICENSED GROCERY4
STORES.5
SECTION 14. In Colorado Revised Statutes, 44-3-501, add6
(1)(x) as follows:7
44-3-501. State fees - rules - one-time fee waiver - repeal.8
(1) The applicant shall pay the following license and permit fees to the9
department annually in advance:10
(x) F
OR EACH BEER-AND-WINE-LICENSED GROCERY STORE11
LICENSE, ONE HUNDRED DOLLARS.12
SECTION 15. In Colorado Revised Statutes, 44-3-505, add (1)(r)13
as follows:14
44-3-505. Local license fees. (1) The applicant shall pay the15
following license fees to the treasurer of the municipality, city and16
county, or county where the licensed premises is located annually in17
advance:18
(r) (I) F
OR EACH BEER-AND-WINE-LICENSED GROCERY STORE19
LICENSE FOR PREMISES LOCATED WITHIN ANY MUNICIPALITY OR CITY AND20
COUNTY, ONE HUNDRED FIFTY DOLLARS;21
(II) F
OR EACH BEER-AND-WINE-LICENSED GROCERY STORE LICENSE22
FOR PREMISES LOCATED OUTSIDE THE MUNICIPAL LIMITS OF ANY23
MUNICIPALITY OR CITY AND COUNTY , TWO HUNDRED FIFTY DOLLARS.24
SECTION 16. In Colorado Revised Statutes, 44-3-901, amend25
(1)(g), (1)(i)(III), (6)(i)(II), (6)(k), (6)(p)(I)(B), (6)(p)(III), (8)(b), and26
(11)(c) as follows:27
HB22-1417
-36- 44-3-901. Unlawful acts - exceptions - definitions. (1) Except1
as provided in section 18-13-122, it is unlawful for any person:2
(g) To sell at retail any malt, vinous, or spirituous liquors in sealed3
containers without holding a retail liquor store or liquor-licensed4
drugstore
LICENSE OR TO SELL AT RETAIL ANY MALT OR VINOUS LIQUORS5
IN SEALED CONTAINERS WITHOUT HOLDING A BEER -AND-WINE-LICENSED6
GROCERY STORE license, except as permitted by section 44-3-107 (2) or7
44-3-301 (6)(b) or any other provision of this article 3, or to sell at retail8
any fermented malt beverages in sealed containers without holding a9
fermented malt beverage retailer's license under sections 44-4-104 (1)(c)10
and 44-4-107 (1)(a);11
(i) (III) Notwithstanding subsection (1)(i)(I) of this section, it shall12
not be unlawful for adult patrons of a retail liquor store or liquor-licensed13
drugstore licensee to consume malt, vinous, or spirituous liquors,
OR FOR14
ADULT PATRONS OF A BEER -AND-WINE-LICENSED GROCERY STORE15
LICENSEE TO CONSUME MALT OR VINOUS LIQUORS , on the licensed16
premises when the consumption is conducted within the limitations of the17
licensee's license and is part of a tasting if authorization for the tasting18
has been granted pursuant to section 44-3-301.19
(6) It is unlawful for any person licensed to sell at retail pursuant20
to this article 3 or article 4 of this title 44:21
(i) (II) Notwithstanding subsection (6)(i)(I) of this section, it shall22
not be unlawful for a retail liquor store, or
liquor-licensed drugstore, OR23
BEER-AND-WINE-LICENSED GROCERY STORE licensee to allow tastings to24
be conducted on his or her THE licensed premises if authorization for the25
tastings has been granted pursuant to section 44-3-301.26
(k) (I) Except as provided in subsections (6)(k)(II), (6)(k)(III),27
HB22-1417
-37- 6)(k)(IV), and (6)(k)(V) of this section, to have on the licensed premises,1
if licensed as a retail liquor store, liquor-licensed drugstore,2
BEER-AND-WINE-LICENSED GROCERY STORE, or fermented malt beverage3
retailer, any container that shows evidence of having once been opened4
or that contains a volume of liquor less than that specified on the label of5
the container;6
(II) (A) A person holding a retail liquor store or liquor-licensed7
drugstore license under this article 3 may have upon the licensed premises8
malt, vinous, or spirituous liquors,
AND A PERSON HOLDING A9
BEER-AND-WINE-LICENSED GROCERY STORE LICENSE UNDER THIS ARTICLE10
3
MAY HAVE UPON THE LICENSED PREMISES MALT OR VINOUS LIQUORS , in11
open containers when the open containers were brought on the licensed12
premises by and remain solely in the possession of the sales personnel of13
a person licensed to sell at wholesale pursuant to this article 3 for the14
purpose of sampling malt, vinous, or spirituous liquors by the retail liquor15
store or liquor-licensed drugstore
LICENSEE ONLY OR FOR THE PURPOSE OF16
SAMPLING MALT OR VINOUS LIQUORS BY THE BEER -AND-WINE-LICENSED17
GROCERY STORE licensee only.18
(B) A person holding a fermented malt beverage retailer's license19
under section 44-4-107 (1)(a) may have upon the licensed premises20
fermented malt beverages in open containers when the open containers21
were brought onto the licensed premises by and remain solely in the22
possession of the sales personnel of a person licensed to sell at wholesale23
pursuant to article 4 of this title 44 for the purpose of sampling fermented24
malt beverages by the fermented malt beverage retailer licensee only.25
(III) Nothing in this subsection (6)(k) applies to any26
liquor-licensed drugstore where the contents, or a portion of the contents,27
HB22-1417
-38- have been used in compounding prescriptions.1
(IV) It is not unlawful for a retail liquor store, or liquor-licensed2
drugstore,
OR BEER-AND-WINE-LICENSED GROCERY STORE licensee to3
allow tastings to be conducted on the licensed premises if authorization4
for the tastings has been granted pursuant to section 44-3-301.5
(V) A person holding a retail liquor store, or
liquor-licensed6
drugstore,
OR BEER-AND-WINE-LICENSED GROCERY STORE license under7
this article 3 or a fermented malt beverage retailer's license under section8
44-4-107 (1)(a) may have upon the licensed premises an open container9
of an alcohol beverage product that the licensee discovers to be damaged10
or defective so long as the licensee marks the product as damaged or for11
return and stores the open container outside the sales area of the licensed12
premises until the licensee is able to return the product to the wholesaler13
from whom the product was purchased.14
(p) (I) (B) Except as provided in subsection (6)(p)(II) of this15
section, to employ a person who is at least eighteen years of age but under16
twenty-one years of age to sell or dispense malt, vinous, or spirituous17
liquors unless the employee is supervised by another person who is on the18
licensed premises and is at least twenty-one years of age; except that this19
subsection (6)(p)(I)(B) does not apply to a retail liquor store licensed20
under section 44-3-409, or
a liquor-licensed drugstore licensed under21
section 44-3-410,
OR A BEER-AND-WINE-LICENSED GROCERY STORE22
LICENSED UNDER SECTION 44-3-410.5;23
(III) If licensed as a retail liquor store under section 44-3-409, a24
liquor-licensed drugstore under section 44-3-410,
A25
BEER-AND-WINE-LICENSED GROCERY STORE UNDER SECTION 44-3-410.5,26
or a fermented malt beverage retailer under section 44-4-107 (1)(a), to27
HB22-1417
-39- permit an employee who is under twenty-one years of age to deliver malt,1
vinous, or spirituous liquors or fermented malt beverages offered for sale2
on, or sold and removed from, the licensed premises of the retail liquor3
store, liquor-licensed drugstore,
BEER-AND-WINE-LICENSED GROCERY4
STORE, or fermented malt beverage retailer.5
(8) (b) Notwithstanding subsection (8)(a) of this section, it shall
6
not be IS NOT unlawful for a retail liquor store, or liquor-licensed7
drugstore,
OR BEER-AND-WINE-LICENSED GROCERY STORE licensee to8
allow tastings to be conducted on his or her
THE licensed premises if9
authorization for the tastings has been granted pursuant to section10
44-3-301.11
(11) (c) As used in this subsection (11), "retail licensee" means a12
person licensed under section 44-3-409, 44-3-410, 44-3-410.5, 44-4-10413
(1)(c), or 44-4-107 (1)(a).14
SECTION 17. In Colorado Revised Statutes, 26-2-104, amend15
(2)(a)(II)(C) and (2)(h)(I)(B) as follows:16
26-2-104. Public assistance programs - electronic benefits17
transfer service - joint reports with department of revenue - signs -18
rules. (2) (a) (II) Only those businesses that offer products or services19
related to the purpose of the public assistance benefits are allowed to20
participate in the electronic benefits transfer service through the use of21
point-of-sale terminals. Clients shall not be allowed to access cash22
benefits through the electronic benefits transfer service from automated23
teller machines in this state located in:24
(C) Retail establishments licensed to sell malt, vinous, or25
spirituous liquors pursuant to part 3 of article 3 of title 44; except that the26
prohibition in this subsection (2)(a)(II)(C) does not apply to27
HB22-1417
-40- establishments licensed as liquor-licensed drugstores under section1
44-3-410
OR BEER-AND-WINE-LICENSED GROCERY STORES UNDER SECTION2
44-3-410.5;3
(h) (I) On or before January 1, 2016, the department of revenue4
shall adopt rules pursuant to the "State Administrative Procedure Act",5
article 4 of title 24, that relate to a client's use of automated teller6
machines at locations where the use is prohibited. The rules must apply7
to the following establishments:8
(B) Retail establishments licensed to sell malt, vinous, or9
spirituous liquors pursuant to part 3 of article 3 of title 44, excluding10
establishments licensed as liquor-licensed drugstores under section11
44-3-410
OR BEER-AND-WINE-LICENSED GROCERY STORES UNDER SECTION12
44-3-410.5;13
SECTION 18. Safety clause. The general assembly hereby finds,14
determines, and declares that this act is necessary for the immediate15
preservation of the public peace, health, or safety.16
HB22-1417
-41-