Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 24-1045.01 Yelana Love x2295 HOUSE BILL 24-1373 House Committees Senate Committees Business Affairs & Labor A BILL FOR AN ACT C ONCERNING PERSONS LICENSED TO SELL ALCOHOL BEVERAGES , AND,101 IN CONNECTION THEREWITH , ELIMINATING THE102 LIQUOR-LICENSED DRUGSTORE LICENSE , UPDATING THE103 REQUIREMENTS FOR WHOLESALERS , REMOVING THE CAP ON THE104 AMOUNT OF ALCOHOL BEVERAGES A RETAILER CAN PURCHASE105 FROM RETAIL LIQUOR STORES , REQUIRING A FERMENTED MALT106 BEVERAGE AND WINE RETAILER TO DISPLAY ALCOHOL107 BEVERAGES IN A SINGLE LOCATION ON THE RETAILER 'S SALES108 FLOOR, EXPANDING CERTAIN LICENSEES ' ABILITY TO DELIVER109 ALCOHOL TO CERTAIN OTHER LICENSEES , AND PROHIBITING A110 FERMENTED MALT BEVERAGE AND WINE RETAILER FROM111 SELLING ALCOHOL BEVERAGES WITH GREATER THAN FOUR TEEN112 PERCENT ALCOHOL BY VOLUME .113 HOUSE SPONSORSHIP Amabile and Ricks, McCluskie, Clifford, Snyder, Mabrey, Mauro, McLachlan SENATE SPONSORSHIP Roberts and Will, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. 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 http://leg.colorado.gov .) Sections 1 and 2 of the bill eliminate the liquor-licensed drugstore license, effective January 1, 2025. All active liquor-licensed drugstore licenses will convert to a fermented malt beverage and wine retailer license on that date; except that a licensee with a single location may choose to convert the liquor-licensed drugstore license to a retail liquor store license. Sections 18 through 29 make conforming amendments to account for the removal of the liquor-licensed drugstore license. Sections 3 and 4 require fermented malt beverage and wine retailers to display alcohol beverages for sale in a single location on the licensed premises and prohibit fermented malt beverage and wine retailers from selling alcohol beverages with greater than 14% alcohol by volume. Sections 5 and 6 expand on a wholesaler's duty not to discriminate when selling products to retailers and allows the state licensing authority to recover the cost of enforcing the anti-discrimination laws from a person found in violation of the anti-discrimination laws. Current law limits the amount of alcohol beverages certain retailers can purchase from retail liquor stores, liquor-licensed drugstores, and fermented malt beverage and wine retailers. Sections 7 through 17 remove the cap as it applies to retail liquor stores. For the delivery of alcohol beverages: ! Section 4 prohibits fermented malt beverage and wine retailers from delivering alcohol beverages to another person licensed to sell alcohol beverages; and ! Section 24 removes the prohibition on a retail liquor store delivering alcohol beverages to another retail liquor store. Section 18 allows automated teller machine (ATM) cards associated with public assistance programs to be used at ATMs in grocery stores. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 44-3-410, repeal (1),2 HB24-1373-2- (2), (3), (4), (5), (6), and (7).1 SECTION 2. In Colorado Revised Statutes, 44-3-410, add (8)2 and (9) as follows:3 44-3-410. Liquor-licensed drugstore license - conversion to4 fermented malt beverage and wine retailer license or retail liquor5 store license - requirements - repeal. (8) (a) O N AND AFTER JANUARY6 1, 2025, THE STATE OR A LOCAL LICENSING AUTHORITY SHALL NOT ISSUE7 OR RENEW ANY LIQUOR-LICENSED DRUGSTORE LICENSES.8 (b) T HE STATE AND LOCAL LICENSING AUTHORITIES SHALL TREAT9 ANY PENDING APPLICATION FOR A LIQUOR-LICENSED DRUGSTORE LICENSE10 OR RENEWAL LICENSE AS AN APPLICATION FOR A FERMENTED MALT11 BEVERAGE AND WINE RETAILER LICENSE OR RENEWAL LICENSE FOR12 CONSUMPTION OFF THE LICENSED PREMISES ISSUED PURSUANT TO SECTION13 44-4-104 (1)(c).14 (c) (I) E XCEPT AS PROVIDED IN SUBSECTION (8)(c)(II) OF THIS15 SECTION, ON JANUARY 1, 2025, EVERY LIQUOR-LICENSED DRUGSTORE16 LICENSE THAT WAS IN EFFECT ON DECEMBER 31, 2024, AUTOMATICALLY17 CONVERTS TO A FERMENTED MALT BEVERAGE AND WINE RETAILER18 LICENSE FOR CONSUMPTION OFF THE LICENSED PREMISES ISSUED19 PURSUANT TO SECTION 44-4-104 (1)(c).20 (II) A LIQUOR-LICENSED DRUGSTORE LICENSEE THAT POSSESSED21 ONLY ONE LICENSE FOR A SINGLE LOCATION AS OF DECEMBER 31, 2023,22 MAY ELECT TO CONVERT THE LICENSE INTO A RETAIL LI QUOR STORE23 LICENSE PURSUANT TO SECTION 44-3-409 OR A FERMENTED MALT24 BEVERAGE AND WINE RETAILER LICENSE FOR CONSUMPTION OFF THE25 LICENSED PREMISES ISSUED PURSUANT TO SECTION 44-4-104 (1)(c).26 (d) T HE CONVERSION OF A LICENSE ISSUED UNDER THIS SECTION TO27 HB24-1373 -3- A LICENSE ISSUED UNDER SECTION 44-3-409 OR 44-4-104 (1)(c) PURSUANT1 TO THIS SUBSECTION (8) IS A CONTINUATION OF THE PRIOR LICENSE AND2 DOES NOT AFFECT:3 (I) A NY PRIOR DISCIPLINE, LIMITATION, OR CONDITION IMPOSED BY4 THE STATE LICENSING AUTHORITY ON A LICENSEE ;5 (II) T HE DEADLINE FOR RENEWAL OF A LICENSE ; OR6 (III) A NY PENDING OR FUTURE INVESTIGATION OR7 ADMINISTRATIVE PROCEEDING .8 (9) T HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2026.9 SECTION 3. In Colorado Revised Statutes, 44-4-104, add (5)10 and (6) as follows:11 44-4-104. Licenses - state license fees - requirements -12 limitations - definition. (5) A PERSON LICENSED TO SELL FERMENTED13 MALT BEVERAGES AND WINE UNDER SUBSECTION (1)(c) OF THIS SECTION14 SHALL DISPLAY ALL ALCOHOL BEVERAGES IN A SINGLE LOCATION ON THE15 LICENSED PREMISES. THE LICENSEE SHALL NOT STACK ALCOHOL16 BEVERAGES ON THE FLOOR OR DISPLAY ALCOHOL BEVERAGES ON ENDCAPS17 OR AT THE POINT OF SALE.18 (6) A PERSON LICENSED PURSUANT TO SUBSECTION (1)(a) OF THIS19 SECTION SHALL NOT SELL AN ALCOHOL BEVERAGE THAT IS GREATER THAN20 FOURTEEN PERCENT ALCOHOL BY VOLUME .21 SECTION 4. In Colorado Revised Statutes, 44-4-107, amend22 (6)(a)(I); and add (8) and (9) as follows:23 44-4-107. Local licensing authority - application - fees -24 definitions - rules. (6) (a) A person licensed under subsection (1)(a) of25 this section who complies with this subsection (6) and rules promulgated26 under this subsection (6) may deliver fermented malt beverages and wine27 HB24-1373 -4- in sealed containers to a person of legal age if:1 (I) The person receiving the delivery of fermented malt beverages2 or wine is located at a place that is not licensed pursuant to this section3 ARTICLE 3 OF THIS TITLE 44 OR THIS ARTICLE 4;4 (8) A PERSON LICENSED PURSUANT TO SUBSECTION (1)(a) OF THIS5 SECTION SHALL DISPLAY ALL ALCOHOL BEVERAGES IN A SINGLE LOCATION6 ON THE LICENSED PREMISES. THE LICENSEE SHALL NOT STACK ALCOHOL7 BEVERAGES ON THE FLOOR OR DISPLAY ALCOHOL BEVERAGES ON ENDCAPS8 OR AT THE POINT OF SALE.9 (9) A PERSON LICENSED PURSUANT TO SUBSECTION (1)(a) OF THIS10 SECTION SHALL NOT SELL AN ALCOHOL BEVERAGE THAT IS GREATER THAN11 FOURTEEN PERCENT ALCOHOL BY VOLUME .12 SECTION 5. In Colorado Revised Statutes, 44-3-407, amend (4);13 and add (5) as follows:14 44-3-407. Wholesaler's license - prohibitions - discrimination15 in wholesale sales - legislative intent - labor - enforcement. (4) (a) A16 wholesaler shall make available to all retailers licensed pursuant to this17 article 3 and article 4 of this title 44 in this state without discrimination18 all malt, vinous, and spirituous liquors offered by the wholesaler for sale19 at wholesale. A wholesaler shall use its best efforts to make available to20 licensed retailers each brand of alcohol beverage that the wholesaler has21 been authorized to distribute. A WHOLESALER SHALL NOT OFFER MORE22 FAVORABLE PRODUCT AVAILABILITY , INFORMATION, PRICING, DEAL23 QUANTITIES, FEE STRUCTURES, DISCOUNTS, REBATES, CREDITS, COUPONS,24 OR OTHER TERMS OR CONDITIONS OF SALE TO A LICENSED RETAILER THAT25 ARE NOT ALSO OFFERED TO FERMENTED MALT BEVERAGE AND WINE26 RETAILERS OR RETAIL LIQUOR STORE LICENSEES .27 HB24-1373 -5- (b) (I) Nothing in this section prohibits a wholesaler from1 establishing reasonable allocation procedures when the anticipated2 demand for a product is greater than the supply of the product PURSUANT3 TO THIS SUBSECTION (4)(b).4 (II) A WHOLESALER SHALL USE REASONABLE , GOOD FAITH,5 NONDISCRIMINATORY JUDGMENT IN ALLOCATING A LIMITED SUPPLY OF A6 PRODUCT AMONG THE LICENSED RETAILERS DESIRING TO PURCHASE THE7 PRODUCT. IN DETERMINING HOW TO ALLOCATE THE PRODUCT , A8 WHOLESALER MAY TAKE INTO ACCOUNT THE ANNUAL PURCHASE VOLUME9 OF LICENSED RETAILERS ON A PER-LICENSED-LOCATION BASIS BUT SHALL10 NOT AGGREGATE THE PURCHASES OF MULTIPLE LOCATIONS LICENSED TO11 SELL AT RETAIL FOR CONSUMPTION OFF THE LICENSED PREMISES , WHICH12 LICENSES ARE HELD BY THE SAME OR A RELATED GROUP OF PERSONS .13 (III) A WHOLESALER SHALL USE REASONABLE , GOOD FAITH14 EFFORTS TO ACQUIRE FROM ITS SUPPLIERS AS MUCH OF THE PRODUCT IN15 QUESTION AS NECESSARY TO SUPPLY FERMENTED MALT BEVERAGE AND16 WINE RETAILERS AND RETAIL LIQUOR STORE LICENSEES DESIRING TO17 PURCHASE SUCH PRODUCT IN THE AMOUNTS REQUESTED .18 (IV) A WHOLESALER SHALL NOT INTENTIONALLY LIMIT ITS SUPPLY19 OR THE AVAILABILITY OF ANY PRODUCT FOR THE PURPOSE OF OR WITH THE20 RESULT OF A DISCRIMINATORY AMOUNT OF THAT PRODUCT BEING21 ALLOCATED TO A PARTICULAR RETAILER OR RETAILERS .22 (c) T HE INTENT OF THIS SUBSECTION (4) IS TO:23 (I) E NSURE THAT RETAILERS LICENSED TO SELL FOR CONSUMPTION24 OFF THE LICENSED PREMISES WITH MULTIPLE LICENSEES AND MULTIPLE25 LOCATIONS DO NOT RECEIVE ANY PREFERENTIAL TREATMENT OVER26 INDEPENDENT, SINGLE LOCATION RETAILERS; AND27 HB24-1373 -6- (II) PROHIBIT A RETAILER FROM MAINTAINING CERTAIN PRODUCTS1 AS "PRIVATE LABELS" AVAILABLE ONLY AT THE RETAILER'S LOCATION.2 (d) T HE STATE LICENSING AUTHORITY MAY RECOVER THE COST OF3 ENFORCING THIS SUBSECTION (4) FROM A PERSON FOUND IN VIOLATION OF4 THIS SUBSECTION (4). MONEY COLLECTED PURSUANT TO THIS SUBSECTION5 (4)(d) SHALL BE DEPOSITED IN THE LIQUOR ENFORCEMENT DIVISION AND6 STATE LICENSING AUTHORITY CASH FUND CREATED IN SECTION 44-6-101.7 (5) A WHOLESALER SHALL NOT PROVIDE ANY LABOR TO OR FOR8 THE BENEFIT OF A PERSON LICENSED TO SELL FERMENTED MALT9 BEVERAGES AND WINE PURSUANT TO SECTION 44-4-104 (1)(c) ON THE10 PERSON'S LICENSED PREMISES BEYOND THE DELIVERY OF PRODUCT FROM11 THE WHOLESALER'S DELIVERY VEHICLE TO THE NEAREST LOCATION INSIDE12 THE LICENSED PREMISES THAT DOES NOT BLOCK INGRESS TO OR EGRESS13 FROM THE LICENSED PREMISES.14 SECTION 6. In Colorado Revised Statutes, amend 44-6-101 as15 follows:16 44-6-101. Liquor enforcement division and state licensing17 authority cash fund. There is hereby created in the state treasury the18 liquor enforcement division and state licensing authority cash fund. The19 fund consists of money transferred in accordance with sections 44-3-40720 (4)(d), 44-3-502 (1), 44-4-105 (2), and 44-7-104.5 (6). The general21 assembly shall make annual appropriations from the fund for a portion of22 the direct and indirect costs of the liquor enforcement division and the23 state licensing authority in the administration and enforcement of articles24 3 to 5 and 7 of this title 44. Any money remaining in the fund at the end25 of each STATE fiscal year remains in the fund and does not revert to the26 general fund or any other fund. The fund shall be maintained in27 HB24-1373 -7- accordance with section 24-75-402.1 SECTION 7. In Colorado Revised Statutes, 44-3-411, amend (2);2 and add (2.5) as follows:3 44-3-411. Beer and wine license - repeal. (2) (a) Every person4 selling malt and vinous liquors as provided in this section shall purchase5 THE malt and vinous liquors only from a wholesaler licensed pursuant to6 this article 3 OR FROM A RETAILER LICENSED PURSUANT TO SECTION7 44-3-409; except that, during a calendar year, any A person selling malt8 and vinous liquors as provided in this section may purchase not more than9 two thousand dollars' worth of malt and vinous liquors from retailers10 licensed pursuant to sections 44-3-409, 44-3-410 and 44-4-104 (1)(c).11 (b) A beer and wine licensee shall retain evidence of each12 purchase of malt and vinous liquors from a retailer licensed pursuant to13 section 44-3-409, 44-3-410 or 44-4-104 (1)(c) in the form of a purchase14 receipt showing the name of the licensed retailer, the date of purchase, a15 description of the malt or vinous liquor purchased, and the price paid for16 the purchase MALT AND VINOUS LIQUORS . The beer and wine licensee17 shall retain the receipt and shall make it available to the state and local18 licensing authorities at all times during business hours.19 (c) T HIS SUBSECTION (2) IS REPEALED, EFFECTIVE JANUARY 1,20 2025.21 (2.5) (a) E FFECTIVE JANUARY 1, 2025, EVERY PERSON SELLING22 MALT AND VINOUS LIQUORS AS PROVIDED IN THIS SECTION SHALL23 PURCHASE THE MALT AND VINOUS LIQUORS ONLY FROM A WHOLESALER24 LICENSED PURSUANT TO THIS ARTICLE 3 OR FROM A RETAILER LICENSED25 PURSUANT TO SECTION 44-3-409; EXCEPT THAT, DURING A CALENDAR26 YEAR, A PERSON SELLING MALT AND VINOUS LIQUORS AS PROVIDED IN THIS27 HB24-1373 -8- SECTION MAY PURCHASE NOT MORE THAN TWO THOUSAND DOLLARS '1 WORTH OF MALT AND VINOUS LIQUORS FROM RETAILERS LICENSED2 PURSUANT TO SECTION 44-4-104 (1)(c).3 (b) A BEER AND WINE LICENSEE SHALL RETAIN EVIDENCE OF EACH4 PURCHASE OF MALT AND VINOUS LIQUORS FROM A RETAILER LICENSED5 PURSUANT TO SECTION 44-4-104 (1)(c) IN THE FORM OF A PURCHASE6 RECEIPT SHOWING THE NAME OF THE LICENSED RETAILER , THE DATE OF7 PURCHASE, A DESCRIPTION OF THE MALT OR VINOUS LIQUOR PURCHASED ,8 AND THE PRICE PAID FOR THE MALT AND VINOUS LIQUORS . THE LICENSEE9 SHALL RETAIN THE RECEIPT AND MAKE IT AVAILABLE TO THE STATE AND10 LOCAL LICENSING AUTHORITIES AT ALL TIMES DURING BUSINESS HOURS .11 SECTION 8. In Colorado Revised Statutes, 44-3-413, amend (7);12 and add (7.5) as follows:13 44-3-413. Hotel and restaurant license - definitions - rules -14 repeal. (7) (a) Except as provided in subsection (7)(b) of this section,15 every person selling alcohol beverages as provided in this section shall16 purchase THE alcohol beverages only from a wholesaler licensed pursuant17 to this article 3 OR FROM A RETAILER LICENSED PURSUANT TO SECTION18 44-3-409.19 (b) (I) During a calendar year, a person selling alcohol beverages20 as provided in this section may purchase not more than two thousand21 dollars' worth of malt, vinous, and spirituous liquors from retailers22 licensed pursuant to sections 44-3-409, 44-3-410 and 44-4-104 (1)(c).23 (II) A hotel and restaurant licensee shall retain evidence of each24 purchase of malt, vinous, or spirituous liquors from a retailer licensed25 pursuant to section 44-3-409, 44-3-410 or 44-4-104 (1)(c) in the form of26 a purchase receipt showing the name of the licensed retailer, the date of27 HB24-1373 -9- purchase, a description of the alcohol beverages purchased, and the price1 paid for the alcohol beverages. The licensee shall retain the receipt and2 make it available to the state and local licensing authorities at all times3 during business hours.4 (c) T HIS SUBSECTION (7) IS REPEALED, EFFECTIVE JANUARY 1,5 2025.6 (7.5) (a) E FFECTIVE JANUARY 1, 2025, EXCEPT AS PROVIDED IN7 SUBSECTION (7.5)(b) OF THIS SECTION, EVERY PERSON SELLING ALCOHOL8 BEVERAGES AS PROVIDED IN THIS SECTION SHALL PURCHASE THE ALCOHOL9 BEVERAGES ONLY FROM A WHOLESALER LICENSED PURSUANT TO THIS10 ARTICLE 3 OR FROM A RETAILER LICENSED PURSUANT TO SECTION11 44-3-409.12 (b) (I) D URING A CALENDAR YEAR, A PERSON SELLING ALCOHOL13 BEVERAGES AS PROVIDED IN THIS SECTION MAY PURCHASE NOT MORE14 THAN TWO THOUSAND DOLLARS ' WORTH OF MALT , VINOUS, AND15 SPIRITUOUS LIQUORS FROM RETAILERS LICENSED PURS UANT TO SECTION16 44-4-104 (1)(c).17 (II) A HOTEL AND RESTAURANT LICENSEE SHALL RETAIN EVIDENCE18 OF EACH PURCHASE OF MALT , VINOUS, OR SPIRITUOUS LIQUORS FROM A19 RETAILER LICENSED PURSUANT TO SECTION 44-4-104 (1)(c) IN THE FORM20 OF A PURCHASE RECEIPT SHOWING THE NAME OF THE LICENSED RETAILER ,21 THE DATE OF PURCHASE, A DESCRIPTION OF THE ALCOHOL BEVERAGES22 PURCHASED, AND THE PRICE PAID FOR THE ALCOHOL BEVERAGES . THE23 LICENSEE SHALL RETAIN THE RECEIPT AND MAKE IT AVAILABLE TO THE24 STATE AND LOCAL LICENSING AUTHORITIES AT ALL TIMES DURING25 BUSINESS HOURS.26 SECTION 9. In Colorado Revised Statutes, 44-3-414, amend (2);27 HB24-1373 -10- and add (2.5) as follows:1 44-3-414. Tavern license - repeal. (2) (a) Every person selling2 alcohol beverages as provided in this section shall purchase THE alcohol3 beverages only from a wholesaler licensed pursuant to this article 3 OR4 FROM A RETAILER LICENSED PURSUANT TO SECTION 44-3-409; except that,5 during a calendar year, a person selling alcohol beverages as provided in6 this section may purchase not more than two thousand dollars' worth of7 malt, vinous, and spirituous liquors from retailers licensed pursuant to8 sections 44-3-409, 44-3-410 and 44-4-104 (1)(c).9 (b) A tavern licensee shall retain evidence of each purchase of10 malt, vinous, or spirituous liquors from a retailer licensed pursuant to11 section 44-3-409, 44-3-410 or 44-4-104 (1)(c) in the form of a purchase12 receipt showing the name of the licensed retailer, the date of purchase, a13 description of the alcohol beverages purchased, and the price paid for the14 alcohol beverages. The tavern licensee shall retain the receipt and make15 it available to the state and local licensing authorities at all times during16 business hours.17 (c) T HIS SUBSECTION (2) IS REPEALED, EFFECTIVE JANUARY 1,18 2025.19 (2.5) (a) E FFECTIVE JANUARY 1, 2025, EVERY PERSON SELLING20 ALCOHOL BEVERAGES AS PROVIDED IN THIS SECTION SHALL PURCHASE THE21 ALCOHOL BEVERAGES ONLY FROM A WHOLESALER LICENSED PURSUANT TO22 THIS ARTICLE 3 OR FROM A RETAILER LICENSED PURSUANT TO SECTION23 44-3-409; EXCEPT THAT, DURING A CALENDAR YEAR, A PERSON SELLING24 ALCOHOL BEVERAGES AS PROVIDED IN THIS SECTION MAY PURCHASE NOT25 MORE THAN TWO THOUSAND DOLLARS ' WORTH OF MALT, VINOUS, AND26 SPIRITUOUS LIQUORS FROM RETAILERS LICENSED PURSUANT TO SECTION27 HB24-1373 -11- 44-4-104 (1)(c).1 (b) A TAVERN LICENSEE SHALL RETAIN EVIDENCE OF EACH2 PURCHASE OF MALT, VINOUS, OR SPIRITUOUS LIQUORS FROM A RETAILER3 LICENSED PURSUANT TO SECTION 44-4-104 (1)(c) IN THE FORM OF A4 PURCHASE RECEIPT SHOWING THE NAME OF THE LICENSED RETAILER , THE5 DATE OF PURCHASE, A DESCRIPTION OF THE ALCOHOL BEVERAGES6 PURCHASED, AND THE PRICE PAID FOR THE ALCOHOL BEVERAGES . THE7 LICENSEE SHALL RETAIN THE RECEIPT AND MAKE IT AVAILABLE TO THE8 STATE AND LOCAL LICENSING AUTHORITIES AT ALL TIMES DURING9 BUSINESS HOURS.10 SECTION 10. In Colorado Revised Statutes, 44-3-416, amend11 (2); and add (2.5) as follows:12 44-3-416. Retail gaming tavern license - repeal. (2) (a) Every13 person selling alcohol beverages as described PROVIDED in this section14 shall purchase the alcohol beverages only from a wholesaler licensed15 pursuant to this article 3 OR FROM A RETAILER LICENSED PURSUANT TO16 SECTION 44-3-409; except that, during a calendar year, a person selling17 alcohol beverages as provided in this section may purchase not more than18 two thousand dollars' worth of malt, vinous, or spirituous liquors from19 retailers licensed pursuant to sections 44-3-409, 44-3-410 and 44-4-10420 (1)(c).21 (b) A retail gaming tavern licensee shall retain evidence of each22 purchase of malt, vinous, or spirituous liquors from a retailer licensed23 pursuant to section 44-3-409, 44-3-410 or 44-4-104 (1)(c) in the form of24 a purchase receipt showing the name of the licensed retailer, the date of25 purchase, a description of the alcohol beverages purchased, and the price26 paid for the alcohol beverages. The licensee shall retain the receipt and27 HB24-1373 -12- make it available to the state and local licensing authorities at all times1 during business hours.2 (c) T HIS SUBSECTION (2) IS REPEALED, EFFECTIVE JANUARY 1,3 2025.4 (2.5) (a) E FFECTIVE JANUARY 1, 2025, EVERY PERSON SELLING5 ALCOHOL BEVERAGES AS PROVIDED IN THIS SECTION SHALL PURCHASE THE6 ALCOHOL BEVERAGES ONLY FROM A WHOLESALER LICENSED PURS UANT TO7 THIS ARTICLE 3 OR FROM A RETAILER LICENSED PURSUANT TO SECTION8 44-3-409; EXCEPT THAT, DURING A CALENDAR YEAR, A PERSON SELLING9 ALCOHOL BEVERAGES AS PROVIDED IN THIS SECTION MAY PURCHASE NOT10 MORE THAN TWO THOUSAND DOLLARS ' WORTH OF MALT, VINOUS, OR11 SPIRITUOUS LIQUORS FROM RETAILERS LICENSED PURSUANT TO SECTION12 44-4-104 (1)(c).13 (b) A RETAIL GAMING TAVERN LICENSEE SHALL RETAIN EVIDENCE14 OF EACH PURCHASE OF MALT , VINOUS, OR SPIRITUOUS LIQUORS FROM A15 RETAILER LICENSED PURSUANT TO SECTION 44-4-104 (1)(c) IN THE FORM16 OF A PURCHASE RECEIPT SHOWING THE NAME OF THE LICENSED RETAILER ,17 THE DATE OF PURCHASE, A DESCRIPTION OF THE ALCOHOL BEVERAGES18 PURCHASED, AND THE PRICE PAID FOR THE ALCOHOL BEVERAGES . THE19 LICENSEE SHALL RETAIN THE RECEIPT AND MAKE IT AVAILABLE TO THE20 STATE AND LOCAL LICENSING AUTHORITIES AT ALL TIMES DURING21 BUSINESS HOURS.22 SECTION 11. In Colorado Revised Statutes, 44-3-417, amend23 (3); and add (3.5) as follows:24 44-3-417. Brew pub license - definitions - repeal. (3) (a) Every25 person selling alcohol beverages pursuant to AS PROVIDED IN this section26 shall purchase alcohol beverages, other than those that are manufactured27 HB24-1373 -13- at the licensed brew pub, ONLY from a wholesaler licensed pursuant to1 this article 3 OR FROM A RETAILER LICENSED PURSUANT TO SECTION2 44-3-409; except that, during a calendar year, a person selling alcohol3 beverages as provided in this section may purchase not more than two4 thousand dollars' worth of malt, vinous, and spirituous liquors from5 retailers licensed pursuant to sections 44-3-409, 44-3-410 and 44-4-1046 (1)(c).7 (b) The brew pub licensee shall retain evidence of each purchase8 of malt, vinous, and spirituous liquors from a retailer licensed pursuant9 to section 44-3-409, 44-3-410 or 44-4-104 (1)(c) in the form of a10 purchase receipt showing the name of the licensed retailer, the date of11 purchase, a description of the alcohol beverages purchased, and the price12 paid for the alcohol beverages. The licensee shall retain the receipt and13 make it available to THE state and local licensing authorities at all times14 during business hours.15 (c) T HIS SUBSECTION (3) IS REPEALED, EFFECTIVE JANUARY 1,16 2025.17 (3.5) (a) E FFECTIVE JANUARY 1, 2025, EVERY PERSON SELLING18 ALCOHOL BEVERAGES AS PROVIDED IN THIS SECTION SHALL PURCHASE19 ALCOHOL BEVERAGES, OTHER THAN THOSE THAT ARE MANUFACTURED AT20 THE LICENSED BREW PUB, ONLY FROM A WHOLESALER LICENSED PURSUANT21 TO THIS ARTICLE 3 OR FROM A RETAILER LICENSED PURSUANT TO SECTION22 44-3-409; EXCEPT THAT, DURING A CALENDAR YEAR, A PERSON SELLING23 ALCOHOL BEVERAGES AS PROVIDED IN THIS SECTION MAY PURCHASE NOT24 MORE THAN TWO THOUSAND DOLLARS ' WORTH OF MALT, VINOUS, AND25 SPIRITUOUS LIQUORS FROM RETAILERS LICENSED PURSUANT TO SECTION26 44-4-104 (1)(c).27 HB24-1373 -14- (b) THE BREW PUB LICENSEE SHALL RETAIN EVIDENCE OF EACH1 PURCHASE OF MALT, VINOUS, AND SPIRITUOUS LIQUORS FROM A RETAILER2 LICENSED PURSUANT TO SECTION 44-4-104 (1)(c) IN THE FORM OF A3 PURCHASE RECEIPT SHOWING THE NAME OF THE LICENSED RETAILER , THE4 DATE OF PURCHASE, A DESCRIPTION OF THE ALCOHOL BEVERAGES5 PURCHASED, AND THE PRICE PAID FOR THE ALCOHOL BEVERAGES . THE6 LICENSEE SHALL RETAIN THE RECEIPT AND MAKE IT AVAILABLE TO THE7 STATE AND LOCAL LICENSING AUTHORITIES AT ALL TIMES DURING8 BUSINESS HOURS.9 SECTION 12. In Colorado Revised Statutes, 44-3-418, amend10 (2); and add (2.5) as follows:11 44-3-418. Club license - legislative declaration - repeal.12 (2) (a) Every person selling alcohol beverages as provided in this section13 shall purchase the alcohol beverages only from a wholesaler licensed14 pursuant to this article 3 OR FROM A RETAILER LICENSED PURSUANT TO15 SECTION 44-3-409; except that, during a calendar year, a person selling16 alcohol beverages as provided in this section may purchase not more than17 two thousand dollars' worth of malt, vinous, and spirituous liquors from18 retailers licensed pursuant to sections 44-3-409, 44-3-410 and 44-4-10419 (1)(c).20 (b) The club licensee shall retain evidence of each purchase of21 malt, vinous, or spirituous liquors from a retailer licensed pursuant to22 section 44-3-409, 44-3-410 or 44-4-104 (1)(c) in the form of a purchase23 receipt showing the name of the licensed retailer, the date of purchase, a24 description of the alcohol beverages purchased, and the price paid for the25 alcohol beverages. The licensee shall retain the receipt and make it26 available to the state and local licensing authorities at all times during27 HB24-1373 -15- business hours.1 (c) T HIS SUBSECTION (2) IS REPEALED, EFFECTIVE JANUARY 1,2 2025.3 (2.5) (a) E FFECTIVE JANUARY 1, 2025, EVERY PERSON SELLING4 ALCOHOL BEVERAGES AS PROVIDED IN THIS SECTION SHALL PURCHASE THE5 ALCOHOL BEVERAGES ONLY FROM A WHOLESALER LICENSED PURSUANT TO6 THIS ARTICLE 3 OR FROM A RETAILER LICENSED PURSUANT TO SECTION7 44-3-409; EXCEPT THAT, DURING A CALENDAR YEAR, A PERSON SELLING8 ALCOHOL BEVERAGES AS PROVIDED IN THIS SECTION MAY PURCHASE NOT9 MORE THAN TWO THOUSAND DOLLARS ' WORTH OF MALT, VINOUS, AND10 SPIRITUOUS LIQUORS FROM RETAILERS LICENSED PURSUANT TO SECTION11 44-4-104 (1)(c).12 (b) T HE CLUB LICENSEE SHALL RETAIN EVIDENCE OF EACH13 PURCHASE OF MALT, VINOUS, OR SPIRITUOUS LIQUORS FROM A RETAILER14 LICENSED PURSUANT TO SECTION 44-4-104 (1)(c) IN THE FORM OF A15 PURCHASE RECEIPT SHOWING THE NAME OF THE LICENSED RETAILER , THE16 DATE OF PURCHASE, A DESCRIPTION OF THE ALCOHOL BEVERAGES17 PURCHASED, AND THE PRICE PAID FOR THE ALCOHOL BEVERAGES . THE18 LICENSEE SHALL RETAIN THE RECEIPT AND MAKE IT AVAILABLE TO THE19 STATE AND LOCAL LICENSING AUTHORITIES AT ALL TIMES DURING20 BUSINESS HOURS.21 SECTION 13. In Colorado Revised Statutes, 44-3-419, amend22 (4); and add (4.5) as follows:23 44-3-419. Arts license - definition - repeal. (4) (a) Every person24 selling alcohol beverages as provided in this section shall purchase the25 alcohol beverages only from a wholesaler licensed pursuant to this article26 3 OR FROM A RETAILER LICENSED PURSUANT TO SECTION 44-3-409; except27 HB24-1373 -16- that, during a calendar year, a person selling alcohol beverages as1 provided in this section may purchase not more than two thousand dollars'2 worth of malt, vinous, and spirituous liquors from retailers licensed3 pursuant to sections 44-3-409, 44-3-410 and 44-4-104 (1)(c).4 (b) An arts licensee shall retain evidence of each purchase of malt,5 vinous, or spirituous liquors from a retailer licensed pursuant to section6 44-3-409, 44-3-410 or 44-4-104 (1)(c) in the form of a purchase receipt7 showing the name of the licensed retailer, the date of purchase, a8 description of the alcohol beverages purchased, and the price paid for the9 alcohol beverages. The licensee shall retain the receipt and make it10 available to the state and local licensing authorities at all times during11 business hours.12 (c) T HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JANUARY 1,13 2025.14 (4.5) (a) E FFECTIVE JANUARY 1, 2025, EVERY PERSON SELLING15 ALCOHOL BEVERAGES AS PROVIDED IN THIS SECTION SHALL PURCHASE THE16 ALCOHOL BEVERAGES ONLY FROM A WHOLESALER LICENSED PURSUANT TO17 THIS ARTICLE 3 OR FROM A RETAILER LICENSED PURSUANT TO SECTION18 44-3-409; EXCEPT THAT, DURING A CALENDAR YEAR, A PERSON SELLING19 ALCOHOL BEVERAGES AS PROVIDED IN THIS SECTION MAY PURCHASE NOT20 MORE THAN TWO THOUSAND DOLLARS ' WORTH OF MALT, VINOUS, AND21 SPIRITUOUS LIQUORS FROM RETAILERS LICENSED PURSUANT TO SECTION22 44-4-104 (1)(c).23 (b) A N ARTS LICENSEE SHALL RETAIN EVIDENCE OF EACH24 PURCHASE OF MALT, VINOUS, OR SPIRITUOUS LIQUORS FROM A RETAILER25 LICENSED PURSUANT TO SECTION 44-4-104 (1)(c) IN THE FORM OF A26 PURCHASE RECEIPT SHOWING THE NAME OF THE LICENSED RETAILER , THE27 HB24-1373 -17- DATE OF PURCHASE, A DESCRIPTION OF THE ALCOHOL BEVERAGES1 PURCHASED, AND THE PRICE PAID FOR THE ALCOHOL BEVERAGES . THE2 LICENSEE SHALL RETAIN THE RECEIPT AND MAKE IT AVAILABLE TO THE3 STATE AND LOCAL LICENSING AUTHORITIES AT ALL TIMES DURING4 BUSINESS HOURS.5 SECTION 14. In Colorado Revised Statutes, 44-3-420, amend6 (2); and add (2.5) as follows:7 44-3-420. Racetrack license - repeal. (2) (a) Every person8 selling alcohol beverages as provided in this section shall purchase the9 alcohol beverages only from a wholesaler licensed pursuant to this article10 3 OR FROM A RETAILER LICENSED PURSUANT TO SECTION 44-3-409; except11 that, during a calendar year, a person selling alcohol beverages as12 provided in this section may purchase not more than two thousand dollars'13 worth of malt, vinous, and spirituous liquors from retailers licensed14 pursuant to sections 44-3-409, 44-3-410 and 44-4-104 (1)(c).15 (b) A racetrack licensee shall retain evidence of each purchase of16 malt, vinous, or spirituous liquors from a retailer licensed pursuant to17 section 44-3-409, 44-3-410 or 44-4-104 (1)(c) in the form of a purchase18 receipt showing the name of the licensed retailer, the date of purchase, a19 description of the alcohol beverages purchased, and the price paid for the20 alcohol beverages. The licensee shall retain the receipt and make it21 available to the state and local licensing authorities at all times during22 business hours.23 (c) T HIS SUBSECTION (2) IS REPEALED, EFFECTIVE JANUARY 1,24 2025.25 (2.5) (a) E FFECTIVE JANUARY 1, 2025, EVERY PERSON SELLING26 ALCOHOL BEVERAGES AS PROVIDED IN THIS SECTION SHALL PURCHASE THE27 HB24-1373 -18- ALCOHOL BEVERAGES ONLY FROM A WHOLESALER LICENSED PURSUANT TO1 THIS ARTICLE 3 OR FROM A RETAILER LICENSED PURSUANT TO SECTION2 44-3-409; EXCEPT THAT, DURING A CALENDAR YEAR, A PERSON SELLING3 ALCOHOL BEVERAGES AS PROVIDED IN THIS SECTION MAY PURCHASE NOT4 MORE THAN TWO THOUSAND DOLLARS ' WORTH OF MALT, VINOUS, AND5 SPIRITUOUS LIQUORS FROM RETAILERS LICENSED PURSUANT TO SECTION6 44-4-104 (1)(c).7 (b) A RACETRACK LICENSEE SHALL RETAIN EVIDENCE OF EACH8 PURCHASE OF MALT, VINOUS, OR SPIRITUOUS LIQUORS FROM A RETAILER9 LICENSED PURSUANT TO SECTION 44-4-104 (1)(c) IN THE FORM OF A10 PURCHASE RECEIPT SHOWING THE NAME OF THE LICENSED RETAILER , THE11 DATE OF PURCHASE, A DESCRIPTION OF THE ALCOHOL BEVERAGES12 PURCHASED, AND THE PRICE PAID FOR THE ALCOHOL BEVERAGES . THE13 LICENSEE SHALL RETAIN THE RECEIPT AND MAKE IT AVAILABLE TO THE14 STATE AND LOCAL LICENSING AUTHORITIES AT ALL TIMES DURING15 BUSINESS HOURS.16 SECTION 15. In Colorado Revised Statutes, 44-3-422, amend17 (3); and add (3.5) as follows:18 44-3-422. Vintner's restaurant license - repeal. (3) (a) Every19 person selling alcohol beverages pursuant to AS PROVIDED IN this section20 shall purchase the alcohol beverages, other than those that are21 manufactured at the licensed vintner's restaurant, ONLY from a wholesaler22 licensed pursuant to this article 3 OR FROM A RETAILER LICENSED23 PURSUANT TO SECTION 44-3-409; except that, during a calendar year, a24 person may purchase not more than two thousand dollars' worth of malt,25 vinous, and spirituous liquors from retailers licensed pursuant to sections26 44-3-409, 44-3-410 and 44-4-104 (1)(c).27 HB24-1373 -19- (b) The vintner's restaurant licensee shall retain evidence of each1 purchase of malt, vinous, and spirituous liquors from a retailer licensed2 pursuant to section 44-3-409, 44-3-410 or 44-4-104 (1)(c) in the form of3 a purchase receipt showing the name of the licensed retailer, the date of4 purchase, a description of the alcohol beverages purchased, and the price5 paid for the alcohol beverages. The licensee shall retain the receipt and6 make it available to THE state and local licensing authorities at all times7 during business hours.8 (c) T HIS SUBSECTION (3) IS REPEALED, EFFECTIVE JANUARY 1,9 2025.10 (3.5) (a) E FFECTIVE JANUARY 1, 2025, EVERY PERSON SELLING11 ALCOHOL BEVERAGES AS PROVIDED IN THIS SECTION SHALL PURCHASE THE12 ALCOHOL BEVERAGES, OTHER THAN THOSE THAT ARE MANUFACTURED AT13 THE LICENSED VINTNER'S RESTAURANT, ONLY FROM A WHOLESALER14 LICENSED PURSUANT TO THIS ARTICLE 3 OR FROM A RETAILER LICENSED15 PURSUANT TO SECTION 44-3-409; EXCEPT THAT, DURING A CALENDAR16 YEAR, A PERSON MAY PURCHASE NOT MORE THAN TWO THOUSAND17 DOLLARS' WORTH OF MALT, VINOUS, AND SPIRITUOUS LIQUORS FROM18 RETAILERS LICENSED PURSUANT TO SECTION 44-4-104 (1)(c).19 (b) T HE VINTNER'S RESTAURANT LICENSEE SHALL RETAIN20 EVIDENCE OF EACH PURCHASE OF MALT, VINOUS, AND SPIRITUOUS LIQUORS21 FROM A RETAILER LICENSED PURSUANT TO SECTION 44-4-104 (1)(c) IN THE22 FORM OF A PURCHASE RECEIPT SHOWING THE NAME OF THE LICENSED23 RETAILER, THE DATE OF PURCHASE, A DESCRIPTION OF THE ALCOHOL24 BEVERAGES PURCHASED , AND THE PRICE PAID FOR THE ALCOHOL25 BEVERAGES. THE LICENSEE SHALL RETAIN THE RECEIPT AND MAKE IT26 AVAILABLE TO THE STATE AND LOCAL LICENSING AUTHORITIES AT ALL27 HB24-1373 -20- TIMES DURING BUSINESS HOURS.1 SECTION 16. In Colorado Revised Statutes, 44-3-426, amend2 (4); and add (4.5) as follows:3 44-3-426. Distillery pub license - legislative declaration -4 definition - repeal. (4) (a) Except as provided in subsection (4)(b) of this5 section, every person selling alcohol beverages pursuant to AS PROVIDED6 IN this section must SHALL purchase alcohol beverages, other than those7 that are fermented and distilled at the licensed distillery pub, ONLY from8 a wholesaler licensed pursuant to this article 3 OR FROM A RETAILER9 LICENSED PURSUANT TO SECTION 44-3-409.10 (b) (I) During a calendar year, a person selling alcohol beverages11 as provided in this section may purchase not more than two thousand12 dollars' worth of malt, vinous, and spirituous liquors from retailers13 licensed pursuant to sections 44-3-409, 44-3-410 and 44-4-104 (1)(c).14 (II) The distillery pub licensee shall retain evidence of each15 purchase of malt, vinous, and spirituous liquors from a retailer licensed16 pursuant to section 44-3-409, 44-3-410 or 44-4-104 (1)(c) in the form of17 a purchase receipt showing the name of the licensed retailer, the date of18 purchase, a description of the alcohol beverages purchased, and the price19 paid for the alcohol beverages. The licensee shall retain the receipt and20 make it available to THE state and local licensing authorities at all times21 during business hours.22 (c) T HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JANUARY 1,23 2025.24 (4.5) (a) E FFECTIVE JANUARY 1, 2025, A DISTILLERY PUB LICENSED25 TO SELL ALCOHOL BEVERAGES AS PROVIDED IN THIS SECTION SHALL26 PURCHASE THE ALCOHOL BEVERAGES , OTHER THAN THOSE THAT ARE27 HB24-1373 -21- FERMENTED AND DISTILLED AT THE LICENSED DISTILLERY PUB , ONLY FROM1 A WHOLESALER LICENSED PURSUANT TO THIS ARTICLE 3 OR FROM A2 RETAILER LICENSED PURSUANT TO SECTION 44-3-409; EXCEPT THAT,3 DURING A CALENDAR YEAR, A DISTILLERY PUB LICENSEE MAY PURCHASE4 NOT MORE THAN TWO THOUSAND DOLLARS ' WORTH OF MALT, VINOUS, AND5 SPIRITUOUS LIQUORS FROM RETAILERS LICENSED PURSUANT TO SECTION6 44-4-104 (1)(c).7 (b) A DISTILLERY PUB LICENSEE SHALL RETAIN EVIDENCE OF EACH8 PURCHASE OF MALT, VINOUS, AND SPIRITUOUS LIQUORS FROM A RETAILER9 LICENSED PURSUANT TO SECTION 44-4-104 (1)(c) IN THE FORM OF A10 PURCHASE RECEIPT SHOWING THE NAME OF THE LICENSED RETAILER , THE11 DATE OF PURCHASE, A DESCRIPTION OF THE ALCOHOL BEVERAGES12 PURCHASED, AND THE PRICE PAID FOR THE ALCOHOL BEVERAGES . THE13 LICENSEE SHALL RETAIN THE RECEIPT AND MAKE IT AVAILABLE TO THE14 STATE AND LOCAL LICENSING AUTHORITIES AT ALL TIMES DURING15 BUSINESS HOURS.16 SECTION 17. In Colorado Revised Statutes, 44-3-428, amend17 (2); and add (2.5) as follows:18 44-3-428. Lodging and entertainment license - repeal.19 (2) (a) A lodging and entertainment facility licensed to sell alcohol20 beverages as provided in this section shall purchase THE alcohol21 beverages only from a wholesaler licensed pursuant to this article 3 OR22 FROM A RETAILER LICENSED PURSUANT TO SECTION 44-3-409; except that,23 during a calendar year, a lodging and entertainment facility licensed to24 sell alcohol beverages as provided in this section may purchase not more25 than two thousand dollars' worth of malt, vinous, and spirituous liquors26 from retailers licensed pursuant to sections 44-3-409, 44-3-410 and27 HB24-1373 -22- 44-4-104 (1)(c).1 (b) A lodging and entertainment facility licensee shall retain2 evidence of each purchase of malt, vinous, or spirituous liquors from a3 retailer licensed pursuant to section 44-3-409, 44-3-410 or 44-4-1044 (1)(c) in the form of a purchase receipt showing the name of the licensed5 retailer, the date of purchase, a description of the alcohol beverages6 purchased, and the price paid for the alcohol beverages. The lodging and7 entertainment facility licensee shall retain the receipt and make it8 available to the state and local licensing authorities at all times during9 business hours.10 (c) T HIS SUBSECTION (2) IS REPEALED, EFFECTIVE JANUARY 1,11 2025.12 (2.5) (a) E FFECTIVE JANUARY 1, 2025, A LODGING AND13 ENTERTAINMENT FACILITY LICENSED TO SELL ALCOHOL BEVERAGES AS14 PROVIDED IN THIS SECTION SHALL PURCHASE THE ALCOHOL BEVERAGES15 ONLY FROM A WHOLESALER LICENSED PURSUANT TO THIS ARTICLE 3 OR16 FROM A RETAILER LICENSED PURSUANT TO SECTION 44-3-409; EXCEPT17 THAT, DURING A CALENDAR YEAR , A LODGING AND ENTERTAINMENT18 FACILITY LICENSED TO SELL ALCOHOL BEVERAGES AS PROVIDED IN THIS19 SECTION MAY PURCHASE NOT MORE THAN TWO T HOUSAND DOLLARS '20 WORTH OF MALT, VINOUS, AND SPIRITUOUS LIQUORS FROM RETAILERS21 LICENSED PURSUANT TO SECTION 44-4-104 (1)(c).22 (b) A LODGING AND ENTERTAINMENT FACILITY LICENSEE SHALL23 RETAIN EVIDENCE OF EACH PURCHASE OF MALT , VINOUS, OR SPIRITUOUS24 LIQUORS FROM A RETAILER LICENSED PURSUANT TO SECTION 44-4-10425 (1)(c) IN THE FORM OF A PURCHASE RECEIPT SHOWING THE NAME OF THE26 LICENSED RETAILER, THE DATE OF PURCHASE, A DESCRIPTION OF THE27 HB24-1373 -23- ALCOHOL BEVERAGES PURCHASED , AND THE PRICE PAID FOR THE ALCOHOL1 BEVERAGES. THE LICENSEE SHALL RETAIN THE RECEIPT AND MAKE IT2 AVAILABLE TO THE STATE AND LOCAL LICENSING AUTHORITIES AT ALL3 TIMES DURING BUSINESS HOURS.4 SECTION 18. In Colorado Revised Statutes, 26-2-104, amend5 (2)(a)(II)(C) and (2)(h)(I)(B) as follows:6 26-2-104. Public assistance programs - electronic benefits7 transfer service - joint reports with department of revenue - signs -8 rules. (2) (a) (II) Only those businesses that offer products or services9 related to the purpose of the public assistance benefits are allowed to10 participate in the electronic benefits transfer service through the use of11 point-of-sale terminals. Clients shall not be allowed to access cash12 benefits through the electronic benefits transfer service from automated13 teller machines in this state located in:14 (C) Retail establishments licensed to sell malt, vinous, or15 spirituous liquors pursuant to part 3 of article 3 of title 44; except that the16 prohibition in this subsection (2)(a)(II)(C) does not apply to17 establishments licensed as liquor-licensed drugstores under section18 44-3-410 FERMENTED MALT BEVERAGE AND WINE RETAILERS AS DEFINED19 IN SECTION 44-3-103 (18.5);20 (h) (I) On or before January 1, 2016, the department of revenue21 shall adopt rules pursuant to the "State Administrative Procedure Act",22 article 4 of title 24, that relate to a client's use of automated teller23 machines at locations where the use is prohibited. The rules must apply24 to the following establishments:25 (B) Retail establishments licensed to sell malt, vinous, or26 spirituous liquors pursuant to part 3 of article 3 of title 44, excluding27 HB24-1373 -24- establishments licensed as liquor-licensed drugstores under section1 44-3-410 FERMENTED MALT BEVERAGE AND WINE RETAILERS AS DEFINED2 IN SECTION 44-3-103 (18.5);3 SECTION 19. In Colorado Revised Statutes, 44-3-104, amend4 (2) introductory portion and (2)(c) as follows:5 44-3-104. Wine shipments - permits. (2) A winery direct6 shipper's permit may be issued to only a person who THAT applies for7 such permit to the state licensing authority and who THAT:8 (c) Except as provided in sections 44-3-402 (1) and 44-3-407 (3),9 does not directly or indirectly have any financial interest in a Colorado10 wholesaler or retailer licensed pursuant to section 44-3-407 OR 44-3-409.11 or 44-3-410. 12 SECTION 20. In Colorado Revised Statutes, 44-3-107, amend13 (2)(c) as follows:14 44-3-107. Permitted acts - auctions at special events -15 definition. (2) (c) The retail value of alcohol beverages donated to an16 organization pursuant to this section by a retailer licensed under section17 44-3-409 44-3-410, or 44-4-104 (1)(c) to sell alcohol beverages at retail18 for consumption off the licensed premises does not count against the19 annual limit on purchases from those retailers specified in section20 44-3-411 (2), 44-3-413 (7)(b), 44-3-414 (2), 44-3-416 (2), 44-3-417 (3),21 44-3-418 (2), 44-3-419 (4), 44-3-420 (2), 44-3-422 (3), 44-3-426 (4)(b),22 or 44-3-428 (2).23 SECTION 21. In Colorado Revised Statutes, 44-3-202, amend24 (1)(f); and repeal (2)(b)(III) as follows:25 44-3-202. Duties of state licensing authority - rules. (1) The26 state licensing authority shall:27 HB24-1373 -25- (f) Notify all persons to whom wholesale licenses have been1 issued as to applications for licenses and renewals of the licenses2 provided in sections 44-3-409, 44-3-411 to 44-3-420, and 44-4-104 (1).3 (2) (b) (III) Notwithstanding any provision of this article 3 to the4 contrary, a liquor-licensed drugstore licensed under section 44-3-410 on5 or after January 1, 2017, shall not purchase alcohol beverages on credit6 or accept an offer or extension of credit from a licensee and shall effect7 payment upon delivery of the alcohol beverages.8 SECTION 22. In Colorado Revised Statutes, 44-3-303, amend9 (1)(b) and (1)(c)(I); and repeal (1)(c)(II) as follows:10 44-3-303. Transfer of ownership and temporary permits.11 (1) (b) When a license has been issued to a husband and wife, SPOUSES12 or to general or limited partners, the death of a spouse or partner shall not13 require the surviving spouse or partner to obtain a new license. All rights14 and privileges granted under the original license shall continue in full15 force and effect as to such survivors for the balance of the license period. 16 (c) (I) Except as provided in subsection (1)(c)(II) of this section,17 For any other transfer of ownership, application must be made to the state18 and local licensing authorities on forms prepared and furnished by the19 state licensing authority. In determining whether to permit a transfer of20 ownership, the licensing authorities shall consider only the requirements21 of section 44-3-307 and 1 CCR 203-2, rule 47-302, entitled "Changing,22 Altering, or Modifying Licensed Premises", or any analogous successor23 rule. The local licensing authority may conduct a hearing on the24 application for transfer of ownership after providing notice in accordance25 with subsection (1)(c)(III) of this section. Any transfer of ownership26 hearing by the state licensing authority must be held in accordance with27 HB24-1373 -26- section 44-3-305 (2).1 (II) A license merger and conversion as provided for in section2 44-3-410 (1)(b) includes a transfer of ownership of at least two retail3 liquor stores, a change of location of one of the retail liquor stores, and4 a merger and conversion of the retail liquor store licenses into a single5 liquor-licensed drugstore license, all as part of a single transaction, and6 the liquor-licensed drugstore applicant need not apply separately for a7 transfer of ownership under this section. The liquor-licensed drugstore8 applying for a license merger and conversion pursuant to section9 44-3-410 (1)(b) is ineligible for a temporary permit pursuant to this10 section. The local licensing authority shall consider the reasonable11 requirements of the neighborhood pursuant to section 44-3-312 when12 making a determination on the merger and conversion of the retail liquor13 store licenses into a single liquor-licensed drugstore license. The local14 licensing authority may hold a hearing on the application for the license15 merger and conversion after providing notice in accordance with16 subsection (1)(c)(III) of this section.17 SECTION 23. In Colorado Revised Statutes, 44-3-312, amend18 (2)(a) as follows:19 44-3-312. Results of investigation - decision of authorities.20 (2) (a) Before entering any decision approving or denying the AN21 application, the local licensing authority shall consider, except where this22 article 3 specifically provides otherwise, the facts and evidence adduced23 as a result of its investigation, as well as any other facts, the reasonable24 requirements of the neighborhood for the type of license for which25 application has been made, the desires of the adult inhabitants, the26 number, type, and availability of alcohol beverage outlets located in or27 HB24-1373 -27- near the neighborhood under consideration, and any other pertinent1 matters affecting the qualifications of the applicant for the conduct of the2 type of business proposed; except that the reasonable requirements of the3 neighborhood shall not be considered in the issuance of a club liquor4 license. For the merger and conversion of retail liquor store licenses to a5 single liquor-licensed drugstore license in accordance with section6 44-3-410 (1)(b), the local licensing authority shall consider the reasonable7 requirements of the neighborhood and the desires of the adult inhabitants8 of the neighborhood.9 SECTION 24. In Colorado Revised Statutes, 44-3-409, amend10 (1)(a) and (2)(a)(I); and repeal (3)(a)(I) and (5) as follows:11 44-3-409. Retail liquor store license - rules. (1) (a) (I) A retail12 liquor store license shall be issued to persons selling only malt, vinous,13 and spirituous liquors in sealed containers not to be consumed at the place14 where sold. Malt, vinous, and spirituous liquors in sealed containers shall15 not be sold at retail other than in retail liquor stores except as provided in16 section 44-3-410 or except as allowed under this article 3.17 (II) On and after July 1, 2016, the state and local licensing18 authorities shall not issue a new retail liquor store license if the premises19 for which the retail liquor store license is sought is located:20 (A) Within one thousand five hundred feet of another retail liquor21 store licensed under this section; or a liquor-licensed drugstore licensed22 under section 44-3-410;23 (B) For a premises located in a municipality with a population of24 ten thousand or fewer, within three thousand feet of another retail liquor25 store licensed under this section; or a liquor-licensed drugstore licensed26 under section 44-3-410; or27 HB24-1373 -28- (C) For a premises located in a municipality with a population of1 ten thousand or fewer that is contiguous to the city and county of Denver,2 within one thousand five hundred feet of another retail liquor store3 licensed under this section. or a liquor-licensed drugstore licensed under4 section 44-3-410.5 (2) (a) A person licensed under this section to sell malt, vinous,6 and spirituous liquors in a retail liquor store:7 (I) Shall purchase the malt, vinous, and spirituous liquors only8 from a wholesaler licensed pursuant to this article 3 OR FROM A RETAILER9 LICENSED PURSUANT TO THIS SECTION; and10 (3) (a) A person licensed to sell at retail who complies with this11 subsection (3) and rules promulgated pursuant to this subsection (3) may12 deliver malt, vinous, and spirituous liquors to a person of legal age if:13 (I) The person receiving the delivery of malt, vinous, or spirituous 14 liquors is located at a place that is not licensed pursuant to this section;15 (5) A liquor-licensed drugstore may apply to the state and local16 licensing authorities, as part of a single application, for a merger and17 conversion of retail liquor store licenses to a single liquor-licensed18 drugstore license as provided in section 44-3-410 (1)(b).19 SECTION 25. In Colorado Revised Statutes, 44-3-425, amend20 (2)(a) as follows:21 44-3-425. Wine packaging permit - limitations - rules. (2) A22 licensed winery or limited winery that obtains a wine packaging permit23 pursuant to this section shall not sell or distribute tax-paid wine it24 packages:25 (a) To a person licensed to sell alcohol beverages at retail, for26 consumption on or off the licensed premises, under section 44-3-409,27 HB24-1373 -29- 44-3-410, 44-3-411, 44-3-412, 44-3-413, 44-3-414, 44-3-415, 44-3-416,1 44-3-417, 44-3-418, 44-3-419, 44-3-420, 44-3-421, 44-3-422, 44-3-424,2 44-3-426, or 44-3-428; or3 SECTION 26. In Colorado Revised Statutes, repeal 44-3-427.4 SECTION 27. In Colorado Revised Statutes, 44-3-501, repeal5 (1)(f), (1)(w), (3)(a)(XVI), and (3)(a)(XVII) as follows:6 44-3-501. State fees - rules. (1) The applicant shall pay the7 following license and permit fees to the department annually in advance:8 (f) For each liquor-licensed drugstore license, one hundred9 dollars;10 (w) For each manager's permit, one hundred dollars.11 (3) (a) The state licensing authority shall establish fees for12 processing the following types of applications, notices, or reports required13 to be submitted to the state licensing authority:14 (XVI) Applications for transfer of ownership, change of location,15 and license merger and conversion pursuant to section 44-3-410 (1)(b);16 (XVII) Applications for manager's permits pursuant to section17 44-3-427;18 SECTION 28. In Colorado Revised Statutes, 44-3-505, amend19 (1) introductory portion; and repeal (1)(b) and (4)(a)(V) as follows:20 44-3-505. Local license fees. (1) The applicant shall pay the21 following license fees to the treasurer of the municipality CITY, city and22 county, or county where the licensed premises is located annually in23 advance:24 (b) (I) For each liquor-licensed drugstore license for premises25 located within any municipality or city and county, one hundred fifty26 dollars;27 HB24-1373 -30- (II) For each liquor-licensed drugstore license for premises1 located outside the municipal limits of any municipality or city and2 county, two hundred fifty dollars;3 (4) (a) Each application for a license provided for in this article 34 and article 4 of this title 44 filed with a local licensing authority must be5 accompanied by an application fee in an amount determined by the local6 licensing authority to cover actual and necessary expenses, subject to the7 following limitations:8 (V) For a transfer of ownership, change of location, and license9 merger and conversion pursuant to section 44-3-410 (1)(b), not to exceed10 one thousand dollars.11 SECTION 29. In Colorado Revised Statutes, 44-3-901, amend12 (1)(g), (1)(i)(III)(A), (6)(i)(II), (6)(k), (6)(p)(I)(B), (6)(p)(III), (8)(b), and13 (11)(c) as follows:14 44-3-901. Unlawful acts - exceptions - definitions. (1) Except15 as provided in section 18-13-122, it is unlawful for any person:16 (g) To sell at retail any malt, vinous, or spirituous liquors in sealed17 containers without holding a retail liquor store or liquor-licensed18 drugstore license, except as permitted by section 44-3-107 (2) or 44-3-30119 (6)(b) or any other provision of this article 3, or to sell at retail any20 fermented malt beverages in sealed containers without holding a21 fermented malt beverage retailer's license under section 44-4-104 (1)(c)22 or to sell at retail any fermented malt beverages and wine in sealed23 containers without holding a fermented malt beverage and wine retailer's24 license under section 44-4-104 (1)(c) OR 44-4-107 (1)(a);25 (i) (III) (A) Notwithstanding subsection (1)(i)(I) of this section,26 it shall not be unlawful for adult patrons of a retail liquor store or27 HB24-1373 -31- liquor-licensed drugstore licensee to MAY consume malt, vinous, or1 spirituous liquors on the licensed premises when the consumption is2 conducted within the limitations of the licensee's license and is part of a3 tasting if authorization for the tasting has been granted pursuant to section4 44-3-301.5 (6) It is unlawful for any person licensed to sell at retail pursuant6 to this article 3 or article 4 of this title 44:7 (i) (II) Notwithstanding subsection (6)(i)(I) of this section, it shall8 not be unlawful for a retail liquor store liquor-licensed drugstore,9 LICENSEE or fermented malt beverage and wine retailer licensee to MAY10 allow tastings to be conducted on his or her THE LICENSEE'S licensed11 premises if authorization for the tastings has been granted pursuant to12 section 44-3-301.13 (k) (I) Except as provided in subsections (6)(k)(II), (6)(k)(IV), and14 (6)(k)(V) of this section, to have on the licensed premises, if licensed as15 a retail liquor store liquor-licensed drugstore, fermented malt beverage16 retailer, or fermented malt beverage and wine retailer, any container that17 shows evidence of having once been opened or that contains a volume of18 liquor less than that specified on the label of the container;19 (II) (A) A person holding a retail liquor store or liquor-licensed20 drugstore license under this article 3 may have upon the licensed premises21 malt, vinous, or spirituous liquors in open containers when the open22 containers were brought on the licensed premises by and remain solely in23 the possession of the sales personnel of a person licensed to sell at24 wholesale pursuant to this article 3 for the purpose of sampling malt,25 vinous, or spirituous liquors by the retail liquor store or liquor-licensed26 drugstore licensee only.27 HB24-1373 -32- (B) A person holding a fermented malt beverage and wine1 retailer's license under section 44-4-107 (1)(a) may have upon the2 licensed premises fermented malt beverages and wine in open containers3 when the open containers were brought onto the licensed premises by and4 remain solely in the possession of the sales personnel of a person licensed5 to sell at wholesale pursuant to article 4 of this title 44 for the purpose of6 sampling fermented malt beverages and wine by the fermented malt7 beverage and wine retailer licensee only.8 (III) Nothing in this subsection (6)(k) applies to any9 liquor-licensed drugstore where the contents, or a portion of the contents,10 have been used in compounding prescriptions.11 (IV) It is not unlawful for a retail liquor store liquor-licensed12 drugstore, LICENSEE or fermented malt beverage and wine retailer13 licensee to allow tastings to be conducted on the licensed premises if14 authorization for the tastings has been granted pursuant to section15 44-3-301.16 (V) A person holding a retail liquor store or liquor-licensed17 drugstore license under this article 3 or a fermented malt beverage and18 wine retailer's license under section 44-4-107 (1)(a) may have upon the19 licensed premises an open container of an alcohol beverage product that20 the licensee discovers to be damaged or defective so long as the licensee21 marks the product as damaged or for return and stores the open container22 outside the sales area of the licensed premises until the licensee is able to23 return the product to the wholesaler OR RETAILER from whom the product24 was purchased.25 (p) (I) (B) Except as provided in subsection (6)(p)(II) of this26 section, to employ a person who is at least eighteen years of age but under27 HB24-1373 -33- twenty-one years of age to sell or dispense malt, vinous, or spirituous1 liquors unless the employee is supervised by another person who is on the2 licensed premises and is at least twenty-one years of age; except that this3 subsection (6)(p)(I)(B) does not apply to a retail liquor store licensed4 under section 44-3-409; or a liquor-licensed drugstore licensed under5 section 44-3-410;6 (III) If licensed as a retail liquor store under section 44-3-409 a7 liquor-licensed drugstore under section 44-3-410, or a fermented malt8 beverage and wine retailer under section 44-4-107 (1)(a), to permit an9 employee or any other person who is under twenty-one years of age to10 deliver malt, vinous, or spirituous liquors or fermented malt beverages11 and wine offered for sale on, or sold and removed from, the licensed12 premises of the retail liquor store liquor-licensed drugstore, or fermented13 malt beverage and wine retailer.14 (8) (b) Notwithstanding subsection (8)(a) of this section, it shall15 not be unlawful for a retail liquor store liquor-licensed drugstore, or16 fermented malt beverage and wine retailer licensee to MAY allow tastings17 to be conducted on his or her THE LICENSEE'S licensed premises if18 authorization for the tastings has been granted pursuant to section19 44-3-301.20 (11) (c) As used in this subsection (11), "retail licensee" means a21 person licensed under section 44-3-409, 44-3-410, 44-4-104 (1)(c), or22 44-4-107 (1)(a).23 SECTION 30. Act subject to petition - effective date. This act24 takes effect at 12:01 a.m. on the day following the expiration of the25 ninety-day period after final adjournment of the general assembly; except26 that, if a referendum petition is filed pursuant to section 1 (3) of article V27 HB24-1373 -34- of the state constitution against this act or an item, section, or part of this1 act within such period, then the act, item, section, or part will not take2 effect unless approved by the people at the general election to be held in3 November 2024 and, in such case, will take effect on the date of the4 official declaration of the vote thereon by the governor.5 HB24-1373 -35-