Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 24-1045.01 Yelana Love x2295
HOUSE BILL 24-1373
House Committees Senate Committees
Business Affairs & Labor
Finance
Appropriations
A BILL FOR AN ACT
C
ONCERNING PERSONS LICENSED TO SELL ALCOHOL BEVERAGES , AND,101
IN CONNECTION THEREWITH , CONVERTING CERTAIN102
LIQUOR-LICENSED DRUGSTORE LICENSES TO FERMENTED MALT103
BEVERAGE AND WINE RETAILER LICENSES, UPDATING THE104
REQUIREMENTS FOR WHOLESALERS , REMOVING THE CAP ON THE105
AMOUNT OF ALCOHOL BEVERAGES A RETAILER CAN PURCHASE106
FROM RETAIL LIQUOR STORES , PROHIBITING A FERMENTED107
MALT BEVERAGE AND WINE RETAILER FROM DISPLAYING108
ALCOHOL BEVERAGES IN CERTAIN LOCATIONS ON THE109
RETAILER'S SALES FLOOR, EXPANDING CERTAIN LICENSEES '110
ABILITY TO DELIVER ALCOHOL TO CERTAIN OTHER LICENSEES ,111
PROHIBITING A FERMENTED MALT BEVERAGE AND WINE112
RETAILER FROM SELLING ALCOHOL BEVERAGES WITH GREATER113
HOUSE
Amended 2nd Reading
May 3, 2024
HOUSE
Amended 2nd Reading
May 3, 2024
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. THAN SEVENTEEN PERCENT ALCOHOL BY VOLUME AND MAKING101
AN APPROPRIATION.102
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.
1373-2- Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 44-3-103, add (21.5)2
and (22.5) as follows:3
44-3-103. Definitions. As used in this article 3 and article 4 of4
this title 44, unless the context otherwise requires:5
(21.5) "INFLATION" MEANS THE ANNUAL PERCENTAGE CHANGE IN6
THE UNITED STATES DEPARTMENT OF LABOR 'S BUREAU OF LABOR7
STATISTICS CONSUMER PRICE INDEX, OR A SUCCESSOR INDEX, FOR8
DENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID BY URBAN9
CONSUMERS.10
(22.5) "KEG" MEANS A PRESSURIZED, FACTORY-SEALED CASK OR11
BARREL CONTAINING TWO GALLONS OR MORE OF MALT LIQUOR .12
SECTION 2. In Colorado Revised Statutes, 44-3-103, amend13
(26); and add (21.5) as follows:14
44-3-103. Definitions. As used in this article 3 and article 4 of15
this title 44, unless the context otherwise requires:16
(21.5) "INDEPENDENT PHARMACY" HAS THE SAME MEANING AS IN17
SECTION 25-4-2404 (1)(a).18
(26) "Liquor-licensed drugstore" means any drugstore19
INDEPENDENT PHARMACY licensed by the state board of pharmacy that has20
also applied for and has been granted a license by the state licensing21
authority to sell malt, vinous, and spirituous liquors in original sealed22
containers for consumption off the premises.23
SECTION 3. In Colorado Revised Statutes, 44-3-410, amend24
(1)(a)(I), (2)(a)(I), and (2)(b); repeal (1)(b), (4)(b)(IV), (4)(b)(V), (4)(c),25
and (7); and add (8) as follows:26
44-3-410. Liquor-licensed drugstore license - multiple licenses27
1373
-3- permitted - requirements - rules. (1) (a) (I) A liquor-licensed drugstore1
license shall be issued to persons selling malt, vinous, and spirituous2
liquors in sealed containers not to be consumed at the place where sold.3
On and after July 1, 2016, except as permitted under subsection (1)(b) of4
this section, JANUARY 1, 2025, the state and local licensing authorities5
shall not issue a ANY new liquor-licensed drugstore license if the licensed6
premises for which a liquor-licensed drugstore license is sought is7
located: LICENSES.8
(A) Within one thousand five hundred feet of a retail liquor store9
licensed under section 44-3-409;10
(B) For a drugstore premises located in a municipality with a11
population of ten thousand or fewer, within three thousand feet of a retail12
liquor store licensed under section 44-3-409; or13
(C) For a drugstore premises located in a municipality with a14
population of ten thousand or fewer that is contiguous to the city and15
county of Denver, within one thousand five hundred feet of a retail liquor16
store licensed under section 44-3-409.17
(b) (I) On or after January 1, 2017, to qualify for an additional18
liquor-licensed drugstore license under this section, a liquor-licensed19
drugstore licensee, or a retail liquor store licensee that was licensed as a20
liquor-licensed drugstore on February 21, 2016, must apply to the state21
and local licensing authorities, as part of a single application, for a22
transfer of ownership of at least two licensed retail liquor stores that were23
licensed or had applied for a license on or before May 1, 2016, a change24
of location of one of the retail liquor stores, and a merger and conversion25
of the retail liquor store licenses into a single liquor-licensed drugstore26
license. The applicant may apply for a transfer, change of location, and27
1373
-4- merger and conversion only if all of the following requirements are met:1
(A) The retail liquor stores that are the subject of the transfer of2
ownership are located within the same local licensing authority3
jurisdiction as the drugstore premises for which the applicant is seeking4
a liquor-licensed drugstore license, and, if any retail liquor stores are5
located within one thousand five hundred feet of the drugstore premises6
or, for a drugstore premises located in a municipality with a population7
of ten thousand or fewer, within three thousand feet of the drugstore8
premises, the applicant applies to transfer ownership of all retail liquor9
stores located within that distance. If there are no licensed retail liquor10
stores or only one licensed retail liquor store within the same local11
licensing authority jurisdiction as the drugstore premises for which a12
liquor-licensed drugstore license is sought, the applicant shall apply to13
transfer ownership of one or two retail liquor stores, as necessary, that are14
located in the local licensing authority jurisdiction that is nearest to the15
jurisdiction in which the drugstore premises is located.16
(B) Upon transfer and conversion of the retail liquor store licenses17
to a single liquor-licensed drugstore license, the drugstore premises for18
which the liquor-licensed drugstore license is sought will be located at19
least one thousand five hundred feet from all licensed retail liquor stores20
that are within the same local licensing authority jurisdiction as the21
drugstore premises or, for a drugstore premises located in a municipality22
with a population of ten thousand or fewer, at least three thousand feet23
from all licensed retail liquor stores that are within the same local24
licensing authority jurisdiction as the drugstore premises.25
(II) For purposes of determining whether the distance26
requirements specified in subsection (1)(b)(I) of this section are satisfied,27
1373
-5- the distance shall be determined by a radius measurement that begins at1
the principal doorway of the drugstore premises for which the application2
is made and ends at the principal doorway of the licensed retail liquor3
store.4
(III) In making its determination on the transfer of ownership,5
change of location, and license merger and conversion application, the6
local licensing authority shall consider the reasonable requirements of the7
neighborhood and the desires of the adult inhabitants in accordance with8
section 44-3-312.9
(IV) In addition to any other requirements for licensure under this10
section or this article 3, a person applying for a new liquor-licensed11
drugstore license in accordance with this subsection (1)(b) on or after12
January 1, 2017, or to renew a liquor-licensed drugstore license issued on13
or after January 1, 2017, under this subsection (1)(b) must:14
(A) Provide evidence to the state and local licensing authorities15
that at least twenty percent of the licensee's gross annual income derived16
from total sales during the prior twelve months at the drugstore premises17
for which a new or renewal licenses is sought is from the sale of food18
items, as defined by the state licensing authority by rule; and19
(B) Make and keep its premises open to the public.20
(2) (a) A person licensed under this section to sell malt, vinous,21
and spirituous liquors as provided in this section shall:22
(I) Purchase malt, vinous, and spirituous liquors only from a23
wholesaler licensed under this article 3 OR FROM A RETAILER LICENSED24
PURSUANT TO SECTION 44-3-409;25
(b) A person licensed under this section on or after January 1,26
2017, shall not purchase malt, vinous, or spirituous liquors from a27
1373
-6- wholesaler OR RETAILER on credit and shall effect payment upon delivery1
of the alcohol beverages.2
(4) (b) An owner, part owner, shareholder, or person interested3
directly or indirectly in a liquor-licensed drugstore may have an interest4
in:5
(IV) For a liquor-licensed drugstore licensed on or before January6
1, 2016, or a liquor-licensed drugstore licensee that was licensed as a7
liquor-licensed drugstore on February 21, 2016, that converted its license8
to a retail liquor store license after February 21, 2016, and that applied on9
or before May 1, 2017, to convert its retail liquor store license back to a10
liquor-licensed drugstore license, additional liquor-licensed drugstore11
licenses as follows, but only if obtained in accordance with subsection12
(1)(b) of this section:13
(A) On or after January 1, 2017, and before January 1, 2022, four14
additional liquor-licensed drugstore licenses, for a maximum of five total15
liquor-licensed drugstore licenses;16
(B) On or after January 1, 2022, and before January 1, 2027, up17
to seven additional liquor-licensed drugstore licenses, for a maximum of18
eight total liquor-licensed drugstore licenses;19
(C) On or after January 1, 2027, and before January 1, 2032, up20
to twelve additional liquor-licensed drugstore licenses, for a maximum of21
thirteen total liquor-licensed drugstore licenses;22
(D) On or after January 1, 2032, and before January 1, 2037, up23
to nineteen additional liquor-licensed drugstore licenses, for a maximum24
of twenty total liquor-licensed drugstore licenses; and25
(E) On or after January 1, 2037, an unlimited number of additional26
liquor-licensed drugstore licenses.27
1373
-7- (V) For a liquor-licensed drugstore that submitted an application1
for a new liquor-licensed drugstore license before October 1, 2016,2
additional liquor-licensed drugstore licenses as follows, but only if3
obtained in accordance with subsection (1)(b) of this section:4
(A) On or after January 1, 2019, and before January 1, 2022, four5
additional liquor-licensed drugstore licenses, for a maximum of five total6
liquor-licensed drugstore licenses;7
(B) On or after January 1, 2022, and before January 1, 2027, up8
to seven additional liquor-licensed drugstore licenses, for a maximum of9
eight total liquor-licensed drugstore licenses;10
(C) On or after January 1, 2027, and before January 1, 2032, up11
to twelve additional liquor-licensed drugstore licenses, for a maximum of12
thirteen total liquor-licensed drugstore licenses;13
(D) On or after January 1, 2032, and before January 1, 2037, up14
to nineteen additional liquor-licensed drugstore licenses, for a maximum15
of twenty total liquor-licensed drugstore licenses; and16
(E) On or after January 1, 2037, an unlimited number of additional17
liquor-licensed drugstore licenses.18
(c) Subsection (4)(b)(V) of this section does not apply to a19
liquor-licensed drugstore licensee that was licensed as a liquor-licensed20
drugstore on February 21, 2016, that converted its license to a retail liquor21
store license after February 21, 2016, and that applied on or before May22
1, 2017, to convert its retail liquor store license back to a liquor-licensed23
drugstore license.24
(7) A person licensed under this section that obtains additional25
liquor-licensed drugstore licenses in accordance with subsection26
(4)(b)(IV) or (4)(b)(V) of this section may operate under a single or27
1373
-8- consolidated corporate entity but shall not commingle purchases of or1
credit extensions for purchases of malt, vinous, or spirituous liquors from2
a wholesaler licensed under this article 3 for more than one licensed3
premises. A wholesaler licensed under this article 3 shall not base the4
price for the malt, vinous, or spirituous liquors it sells to a liquor-licensed5
drugstore licensed under this section on the total volume of malt, vinous,6
or spirituous liquors that the licensee purchases for multiple licensed7
premises.8
(8) (a) ON AND AFTER JANUARY 1, 2025, THE STATE OR A LOCAL9
LICENSING AUTHORITY SHALL NOT ISSUE ANY NEW LIQUOR-LICENSED10
DRUGSTORE LICENSES. ON AND AFTER JANUARY 1, 2025, THE STATE OR11
LOCAL LICENSING AUTHORITY MAY RENEW A LIQUOR-LICENSED12
DRUGSTORE LICENSE ONLY IF THE LICENSEE IS LICENSED ON THE EFFECTIVE13
DATE OF THIS SECTION, AS AMENDED.14
(b) T
HE STATE AND LOCAL LICENSING AUTHORITIES SHALL TREAT15
ANY PENDING APPLICATION FOR A LIQUOR-LICENSED DRUGSTORE LICENSE 16 AS AN APPLICATION FOR A FERMENTED MALT BEVERAGE AND WINE17
RETAILER LICENSE FOR CONSUMPTION OFF THE LICENSED PREMISES18
ISSUED PURSUANT TO SECTION 44-4-104 (1)(c).19
20
SECTION 4. In Colorado Revised Statutes, 44-4-104, add (5),21
(6), and (7) as follows:22
44-4-104. Licenses - state license fees - requirements -23
limitations - definition. (5) A
PERSON LICENSED TO SELL FERMENTED24
MALT BEVERAGES AND WINE UNDER SUBSECTION (1)(c) OF THIS SECTION25
SHALL NOT:26
(a) PLACE ANY TEMPORARY DISPLAYS OF ALCOHOL BEVERAGES :27
1373
-9- (I) IMMEDIATELY ADJACENT TO NONALCOHOLIC SOFT DRINKS,1
FRUIT JUICES, BOTTLED WATER, CANDY, OR TOYS;2
(II) NEAR AN ENTRY OR EXIT OF THE LICENSED PREMISES ; OR3
(III) OUTSIDE OF THE AREA APPROVED BY THE LOCAL LICENSING4
AUTHORITY FOR THE DISPLAY OF ALCOHOL BEVERAGES ; OR5
(b) ALLOW CUSTOMERS ACCESS TO SINGLE BOTTLES OF ALCOHOL6
BEVERAGES THAT ARE TWO HUNDRED FIFTY MILLILITERS OR LESS . THE7
LICENSEE SHALL STORE SUCH ALCOHOL BEVERAGES BEHIND A C OUNTER OR8
IN A LOCKED CASE AND PROHIBIT CUSTOMER ACCESS WITHOUT EMPLOYEE9
ASSISTANCE.10
(6) A
PERSON LICENSED PURSUANT TO SUBSECTION
(1)(c) OF THIS11
SECTION SHALL NOT SELL:12
(a) A FERMENTED MALT BEVERAGE THAT IS GREATER THAN13
SEVENTEEN PERCENT ALCOHOL BY VOLUME ; OR14
(b) WINE THAT IS GREATER THAN TWENTY-ONE PERCENT ALCOHOL15
BY VOLUME.16
(7) A PERSON LICENSED PURSUANT TO SUBSECTION (1)(c) OF THIS17
SECTION SHALL ENSURE THAT ALL WORK PERFORMED ON THE LICENSED18
PREMISES IN CONNECTION WITH STOCKING AND REPLENISHING FERMENTED19
MALT BEVERAGES AND WINE IS PERFORMED BY AN EMPLOYEE OF THE20
LICENSEE.21
SECTION 5. In Colorado Revised Statutes, 44-4-107, amend22
(6)(a)(I); and add (8), (9), and (10) 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
1373
-10- 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 NOT:6
(a) PLACE ANY TEMPORARY DISPLAYS OF ALCOHOL BEVERAGES :7
(I) IMMEDIATELY ADJACENT TO NONALCOHOLIC SOFT DRINKS,8
FRUIT JUICES, BOTTLED WATER, CANDY, OR TOYS;9
(II) NEAR AN ENTRY OR EXIT OF THE LICENSED PREMISES ; OR10
(III) OUTSIDE OF THE AREA APPROVED BY THE LOCAL LICENSING11
AUTHORITY FOR THE DISPLAY OF ALCOHOL BEVERAGES ; OR12
(b) ALLOW CUSTOMERS ACCESS TO SINGLE BOTTLES OF ALCOHOL13
BEVERAGES THAT ARE TWO HUNDRED FIFTY MILLILITERS OR LESS . THE14
LICENSEE SHALL STORE SUCH ALCOHOL BEVERAGES BEHIND A C OUNTER OR15
IN A LOCKED CASE AND PROHIBIT CUSTOMER ACCESS WITHOUT EMPLOYEE16
ASSISTANCE.17
(9) A
PERSON LICENSED PURSUANT TO SUBSECTION (1)(a) OF THIS18 SECTION SHALL NOT SELL:19
(a) A FERMENTED MALT BEVERAGE THAT IS GREATER THAN20
SEVENTEEN PERCENT ALCOHOL BY VOLUME ; OR21
(b) WINE THAT IS GREATER THAN TWENTY-ONE PERCENT ALCOHOL22
BY VOLUME.23
(10) A PERSON LICENSED PURSUANT TO SUBSECTION (1)(c) OF THIS24
SECTION SHALL ENSURE THAT ALL WORK PERFORMED ON THE LICENSED25
PREMISES IN CONNECTION WITH STOCKING AND REPLENISHING FERMENTED26
MALT BEVERAGES AND WINE IS PERFORMED BY AN EMPLOYEE OF THE27
1373
-11- LICENSEE.1
SECTION 6. In Colorado Revised Statutes, 44-3-407, amend (4);2
and add (5) as follows:3
44-3-407. Wholesaler's license - prohibitions - discrimination4
in wholesale sales - legislative intent - labor - enforcement. (4) (a) A5
wholesaler shall make available to all retailers licensed pursuant to this6
article 3 and article 4 of this title 44 in this state without discrimination7
all malt, vinous, and spirituous liquors offered by the wholesaler for sale8
at wholesale. A wholesaler shall use its best efforts to make available to9
licensed retailers each brand of alcohol beverage that the wholesaler has10
been authorized to distribute. A WHOLESALER MAY OFFER VARIABLE11
PRICING BASED ON QUANTITIES ORDERED BY A LICENSED RETAILER ON A12
PER-LICENSED-LOCATION BASIS, INCLUDING MULTIPLE CASE DISCOUNTS.13
A WHOLESALER SHALL NOT OTHERWISE OFFER MORE FAVORABLE PRICING14
TO ANY LICENSED RETAILER THAT IS NOT ALSO OFFERED TO EVERY RETAIL15
LIQUOR STORE LICENSEE. A WHOLESALER SHALL NOT OFFER MORE16
FAVORABLE PRODUCT AVAILABILITY ; RELEVANT INFORMATION17
REGARDING PRODUCTS THE WHOLESALER OFFERS FOR SALE, INCLUDING18
VINTAGES AND QUANTITIES ON HAND; DEAL QUANTITIES, FEE STRUCTURES,19
DISCOUNTS, REBATES, CREDITS, OR ACCESS TO SUPPLIER COUPONS; OR20
OTHER TERMS OR CONDITIONS OF SALE TO A LICENSED RETAILER THAT ARE21
NOT ALSO OFFERED TO EVERY RETAIL LIQUOR STORE LICENSEE .22
(b) (I) Nothing in this section prohibits a wholesaler from23
establishing reasonable allocation procedures when the anticipated24
demand for a product is greater than the supply of the product
PURSUANT25
TO THIS SUBSECTION (4)(b).26
(II) A
WHOLESALER SHALL USE REASONABLE , GOOD FAITH,27
1373
-12- NONDISCRIMINATORY JUDGMENT IN ALLOCATING A LIMITED SUPPLY OF A1
PRODUCT AMONG THE LICENSED RETAILERS DESIRING TO PURCHASE THE2
PRODUCT. IN DETERMINING HOW TO ALLOCATE THE PRODUCT , A3
WHOLESALER MAY TAKE INTO ACCOUNT THE ANNUAL PURCHASE VOLUME4
OF LICENSED RETAILERS ON A PER-LICENSED-LOCATION BASIS BUT SHALL5
NOT AGGREGATE THE PURCHASES OF MULTIPLE LOCATIONS LICENSED TO6
SELL AT RETAIL FOR CONSUMPTION OFF THE LICENSED PREMISES , WHICH7
LICENSES ARE HELD BY THE SAME OR A RELATED GROUP OF PERSONS .8
(III) A
WHOLESALER SHALL USE REASONABLE , GOOD FAITH9
EFFORTS TO ACQUIRE FROM ITS SUPPLIERS AS MUCH OF THE PRODUCT IN10
QUESTION AS NECESSARY TO SUPPLY FERMENTED MALT BEVERAGE AND11
WINE RETAILERS AND RETAIL LIQUOR STORE LICENSEES DESIRING TO12
PURCHASE SUCH PRODUCT IN THE AMOUNTS REQUESTED .13
(IV) A
WHOLESALER SHALL NOT INTENTIONALLY LIMIT ITS SUPPLY14
OR THE AVAILABILITY OF ANY PRODUCT FOR THE PURPOSE OF OR WITH THE15
RESULT OF A DISCRIMINATORY AMOUNT OF THAT PRODUCT BEING16
ALLOCATED TO A PARTICULAR RETAILER OR RETAILERS .17
(c) T
HE INTENT OF THIS SUBSECTION (4) IS TO:18
(I) E
NSURE THAT RETAILERS LICENSED TO SELL FOR CONSUMPTION19
OFF THE LICENSED PREMISES WITH MULTIPLE LICENSEES AND MULTIPLE20
LOCATIONS DO NOT RECEIVE ANY PREFERENTIAL TREATMENT OVER21
INDEPENDENT, SINGLE LOCATION RETAILERS; AND22
(II) P
ROHIBIT A RETAILER
LICENSED TO SELL FOR CONSUMPTION23
OFF THE LICENSED PREMISES FROM MAINTAINING CERTAIN PRODUCTS AS24
"
PRIVATE LABELS" AVAILABLE ONLY AT THE RETAILER'S LOCATION.25
(d) T
HE STATE LICENSING AUTHORITY MAY RECOVER THE COST OF26
ENFORCING THIS SUBSECTION (4) FROM A PERSON FOUND IN VIOLATION OF27
1373
-13- THIS SUBSECTION (4). MONEY COLLECTED PURSUANT TO THIS SUBSECTION1
(4)(d)
SHALL BE DEPOSITED IN THE LIQUOR ENFORCEMENT DIVISION AND2
STATE LICENSING AUTHORITY CASH FUND CREATED IN SECTION 44-6-101.3
(5) A
WHOLESALER SHALL NOT PROVIDE ANY LABOR TO OR FOR4
THE BENEFIT OF A PERSON LICENSED TO SELL FERMENTED MALT5
BEVERAGES AND WINE PURSUANT TO SECTION 44-4-104 (1)(c) ON THE6
PERSON'S LICENSED PREMISES BEYOND THE DELIVERY OF PRODUCT FROM7
THE WHOLESALER'S DELIVERY VEHICLE TO THE NEAREST LOCATION INSIDE8
THE LICENSED PREMISES THAT DOES NOT BLOCK INGRESS TO OR EGRESS9
FROM THE LICENSED PREMISES.10
SECTION
7. In Colorado Revised Statutes, amend 44-6-101 as11
follows:12
44-6-101. Liquor enforcement division and state licensing13
authority cash fund. There is hereby created in the state treasury the14
liquor enforcement division and state licensing authority cash fund. The15
fund consists of money transferred in accordance with sections 44-3-40716
(4)(d), 44-3-502 (1), 44-4-105 (2), and 44-7-104.5 (6). The general17
assembly shall make annual appropriations from the fund for a portion of18
the direct and indirect costs of the liquor enforcement division and the19
state licensing authority in the administration and enforcement of articles20
3 to 5 and 7 of this title 44. Any money remaining in the fund at the end21
of each
STATE fiscal year remains in the fund and does not revert to the22
general fund or any other fund. The fund shall be maintained in23
accordance with section 24-75-402.24
SECTION
8. In Colorado Revised Statutes, 44-3-411, amend (2)25
as follows:26
44-3-411. Beer and wine license. (2) (a) Every person selling27
1373
-14- malt and vinous liquors as provided in this section shall purchase THE1
malt and vinous liquors only from a wholesaler licensed pursuant to this2
article 3; except that, during a calendar year, any A person selling malt3
and vinous liquors as provided in this section may purchase not more than4
two thousand dollars' worth of malt and vinous liquors from retailers5
licensed pursuant to sections 44-3-409, 44-3-410 and 44-4-104 (1)(c)6
AND, DURING A CALENDAR MONTH, NOT MORE THAN FIVE THOUSAND7
DOLLARS' WORTH OF MALT AND VINOUS LIQUORS FROM A RETAILER8
LICENSED PURSUANT TO SECTION 44-3-409. A PERSON LICENSED UNDER9
THIS SECTION MAY PURCHASE A KEG ONLY FROM A WHOLESALER .10
(b) A beer and wine licensee shall retain evidence of each11
purchase of malt and vinous liquors from a retailer licensed pursuant to12
section 44-3-409, 44-3-410, or 44-4-104 (1)(c) in the form of a purchase13
receipt showing the name of the licensed retailer, the date of purchase, a14
description of the malt or vinous liquor purchased, and the price paid for15
the purchase MALT AND VINOUS LIQUORS . The beer and wine licensee16
shall retain the receipt and shall make it available to the state and local17
licensing authorities at all times during business hours.18
19
SECTION 9. In Colorado Revised Statutes, 44-3-413, amend (7)20
as follows:21
44-3-413. Hotel and restaurant license - definitions - rules.22
(7) (a) Except as provided in subsection (7)(b) of this section, every23
person selling alcohol beverages as provided in this section shall purchase24
THE alcohol beverages only from a wholesaler licensed pursuant to this25
article
3.26
(b) (I) During a calendar year, a person selling alcohol beverages27
1373
-15- as provided in this section may purchase not more than two thousand1
dollars' worth of malt, vinous, and spirituous liquors from retailers2
licensed pursuant to sections 44-3-409, 44-3-410 and 44-4-104 (1)(c)3
AND, DURING A CALENDAR MONTH, NOT MORE THAN FIVE THOUSAND4
DOLLARS' WORTH OF MALT, VINOUS, OR SPIRITUOUS LIQUORS FROM A5
RETAILER LICENSED PURSUANT TO SECTION 44-3-409. A PERSON LICENSED6
UNDER THIS SECTION MAY PURCHASE A KEG ONLY FROM A WHOLESALER.7
(II) A hotel and restaurant licensee shall retain evidence of each8
purchase of malt, vinous, or spirituous liquors from a retailer licensed9
pursuant to section 44-3-409, 44-3-410, or 44-4-104 (1)(c) in the form of10
a 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
16
SECTION 10. In Colorado Revised Statutes, 44-3-414, amend17
(2) as follows:18
44-3-414. Tavern license. (2) (a) Every person selling alcohol19
beverages as provided in this section shall purchase
THE alcohol20
beverages only from a wholesaler licensed pursuant to this article
3;21
except that, during a calendar year, a person selling alcohol beverages as22
provided in this section may purchase not more than two thousand dollars'23
worth of malt, vinous, and spirituous liquors from retailers licensed24
pursuant to sections 44-3-409, 44-3-410 and 44-4-104 (1)(c) AND, DURING25
A CALENDAR MONTH, NOT MORE THAN FIVE THOUSAND DOLLARS' WORTH26
OF MALT, VINOUS, OR SPIRITUOUS LIQUORS FROM A RETAILER LICENSED27
1373
-16- PURSUANT TO SECTION 44-3-409. A PERSON LICENSED UNDER THIS1
SECTION MAY PURCHASE A KEG ONLY FROM A WHOLESALER .2
(b) A tavern licensee shall retain evidence of each purchase of3
malt, vinous, or spirituous liquors from a retailer licensed pursuant to4
section 44-3-409, 44-3-410, or 44-4-104 (1)(c) in the form of a purchase5
receipt showing the name of the licensed retailer, the date of purchase, a6
description of the alcohol beverages purchased, and the price paid for the7
alcohol beverages. The tavern licensee shall retain the receipt and make8
it available to the state and local licensing authorities at all times during9
business hours.10
11
SECTION 11. In Colorado Revised Statutes, 44-3-416, amend12
(2) as follows:13
44-3-416. Retail gaming tavern license. (2) (a) Every person14
selling alcohol beverages as described PROVIDED in this section shall15
purchase the alcohol beverages only from a wholesaler licensed pursuant16
to this article 3; 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) AND, DURING A CALENDAR MONTH, NOT MORE THAN FIVE21
THOUSAND DOLLARS' WORTH OF MALT, VINOUS, OR SPIRITUOUS LIQUORS22
FROM A RETAILER LICENSED PURSUANT TO SECTION 44-3-409. A PERSON23
LICENSED UNDER THIS SECTION MAY PURCHASE A KEG ONLY FROM A24
WHOLESALER.25
(b) A retail gaming tavern licensee shall retain evidence of each26
purchase of malt, vinous, or spirituous liquors from a retailer licensed27
1373
-17- pursuant to section 44-3-409, 44-3-410, or 44-4-104 (1)(c) in the form of1
a purchase receipt showing the name of the licensed retailer, the date of2
purchase, a description of the alcohol beverages purchased, and the price3
paid for the alcohol beverages. The licensee shall retain the receipt and4
make it available to the state and local licensing authorities at all times5
during business hours.6
7
SECTION 12. In Colorado Revised Statutes, 44-3-417, amend8
(3) as follows:9
44-3-417. Brew pub license - definitions - repeal. (3) (a) Every10
person selling alcohol beverages pursuant to AS PROVIDED IN this section11
shall purchase alcohol beverages, other than those that are manufactured12
at the licensed brew pub,
ONLY from a wholesaler licensed pursuant to13
this article
3; except that, during a calendar year, a person selling alcohol14
beverages as provided in this section may purchase not more than two15
thousand dollars' worth of malt, vinous, and spirituous liquors from16
retailers licensed pursuant to sections 44-3-409, 44-3-410 and 44-4-10417
(1)(c) AND, DURING A CALENDAR MONTH, NOT MORE THAN FIVE18
THOUSAND DOLLARS' WORTH OF MALT, VINOUS, OR SPIRITUOUS LIQUORS19
FROM A RETAILER LICENSED PURSUANT TO SECTION 44-3-409. A PERSON20
LICENSED UNDER THIS SECTION MAY PURCHASE A KEG ONLY FROM A21
WHOLESALER.22
(b) The brew pub licensee shall retain evidence of each purchase23
of malt, vinous, and spirituous liquors from a retailer licensed pursuant24
to section 44-3-409, 44-3-410, or 44-4-104 (1)(c) in the form of a25
purchase receipt showing the name of the licensed retailer, the date of26
purchase, a description of the alcohol beverages purchased, and the price27
1373
-18- paid for the alcohol beverages. The licensee shall retain the receipt and1
make it available to
THE state and local licensing authorities at all times2
during business hours.3 4
SECTION 13. In Colorado Revised Statutes, 44-3-418, amend5
(2) as follows:6
44-3-418. Club license - legislative declaration. (2) (a) Every7
person selling alcohol beverages as provided in this section shall purchase8
the alcohol beverages only from a wholesaler licensed pursuant to this9
article 3; except that, during a calendar year, a person selling alcohol10
beverages as provided in this section may purchase not more than two11
thousand dollars' worth of malt, vinous, and spirituous liquors from12
retailers licensed pursuant to sections 44-3-409, 44-3-410 and 44-4-10413
(1)(c) AND, DURING A CALENDAR MONTH, NOT MORE THAN FIVE14
THOUSAND DOLLARS' WORTH OF MALT, VINOUS, OR SPIRITUOUS LIQUORS15
FROM A RETAILER LICENSED PURSUANT TO SECTION 44-3-409. A PERSON16
LICENSED UNDER THIS SECTION MAY PURCHASE A KEG ONLY FROM A17
WHOLESALER.18
(b) The club licensee shall retain evidence of each purchase of19
malt, vinous, or spirituous liquors from a retailer licensed pursuant to20
section 44-3-409, 44-3-410, or 44-4-104 (1)(c) in the form of a purchase21
receipt showing the name of the licensed retailer, the date of purchase, a22
description of the alcohol beverages purchased, and the price paid for the23
alcohol beverages. The licensee shall retain the receipt and make it24
available to the state and local licensing authorities at all times during25
business hours.26
27
1373
-19- SECTION 14. In Colorado Revised Statutes, 44-3-419, amend1
(4) as follows:2
44-3-419. Arts license - definition. (4) (a) Every person selling3
alcohol beverages as provided in this section shall purchase the alcohol4
beverages only from a wholesaler licensed pursuant to this article 3;5
except that, during a calendar year, a person selling alcohol beverages as6
provided in this section may purchase not more than two thousand dollars'7
worth of malt, vinous, and spirituous liquors from retailers licensed8
pursuant to sections 44-3-409, 44-3-410 and 44-4-104 (1)(c) AND, DURING9
A CALENDAR MONTH, NOT MORE THAN FIVE THOUSAND DOLLARS' WORTH10
OF MALT, VINOUS, OR SPIRITUOUS LIQUORS FROM A RETAILER LICENSED11
PURSUANT TO SECTION 44-3-409. A PERSON LICENSED UNDER THIS12
SECTION MAY PURCHASE A KEG ONLY FROM A WHOLESALER .13
(b) An arts licensee shall retain evidence of each purchase of malt,14
vinous, or spirituous liquors from a retailer licensed pursuant to section15
44-3-409, 44-3-410, or 44-4-104 (1)(c) in the form of a purchase receipt16
showing the name of the licensed retailer, the date of purchase, a17
description of the alcohol beverages purchased, and the price paid for the18
alcohol beverages. The licensee shall retain the receipt and make it19
available to the state and local licensing authorities at all times during20
business hours.21
22
SECTION 15. In Colorado Revised Statutes, 44-3-420, amend23
(2) as follows:24
44-3-420. Racetrack license. (2) (a) Every person selling alcohol25
beverages as provided in this section shall purchase the alcohol beverages26
only from a wholesaler licensed pursuant to this article 3; except that,27
1373
-20- during a calendar year, a person selling alcohol beverages as provided in1
this section may purchase not more than two thousand dollars' worth of2
malt, vinous, and spirituous liquors from retailers licensed pursuant to3
sections 44-3-409, 44-3-410 and 44-4-104 (1)(c) AND, DURING A4
CALENDAR MONTH, NOT MORE THAN FIVE THOUSAND DOLLARS' WORTH OF5
MALT, VINOUS, OR SPIRITUOUS LIQUORS FROM A RETAILER LICENSED6
PURSUANT TO SECTION 44-3-409. A PERSON LICENSED UNDER THIS7
SECTION MAY PURCHASE A KEG ONLY FROM A WHOLESALER .8
(b) A racetrack licensee shall retain evidence of each purchase of9
malt, vinous, or spirituous liquors from a retailer licensed pursuant to10
section 44-3-409, 44-3-410, or 44-4-104 (1)(c) in the form of a purchase11
receipt showing the name of the licensed retailer, the date of purchase, a12
description of the alcohol beverages purchased, and the price paid for the13
alcohol beverages. The licensee shall retain the receipt and make it14
available to the state and local licensing authorities at all times during15
business hours.16
17
SECTION 16. In Colorado Revised Statutes, 44-3-422, amend18
(3) as follows:19
44-3-422. Vintner's restaurant license. (3) (a) Every person20
selling alcohol beverages pursuant to AS PROVIDED IN this section shall21
purchase the alcohol beverages, other than those that are manufactured at22
the licensed vintner's restaurant,
ONLY from a wholesaler licensed23
pursuant to this article
3; except that, during a calendar year, a person24
may purchase not more than two thousand dollars' worth of malt, vinous,25
and spirituous liquors from retailers licensed pursuant to sections26
44-3-409, 44-3-410 and 44-4-104 (1)(c) AND, DURING A CALENDAR27
1373
-21- MONTH, NOT MORE THAN FIVE THOUSAND DOLLARS' WORTH OF MALT,1
VINOUS, OR SPIRITUOUS LIQUORS FROM A RETAILER LICENSED PURSUANT2
TO SECTION 44-3-409. A PERSON LICENSED UNDER THIS SECTION MAY3
PURCHASE A KEG ONLY FROM A WHOLESALER .4
(b) The vintner's restaurant licensee shall retain evidence of each5
purchase of malt, vinous, and spirituous liquors from a retailer licensed6
pursuant to section 44-3-409, 44-3-410, or 44-4-104 (1)(c) in the form of7
a purchase receipt showing the name of the licensed retailer, the date of8
purchase, a description of the alcohol beverages purchased, and the price9
paid for the alcohol beverages. The licensee shall retain the receipt and10
make it available to
THE state and local licensing authorities at all times11
during business hours.12
13
SECTION 17. In Colorado Revised Statutes, 44-3-426, amend14
(4) as follows:15
44-3-426. Distillery pub license - legislative declaration -16
definition. (4) (a) Except as provided in subsection (4)(b) of this section,17
every person selling alcohol beverages pursuant to AS PROVIDED IN this18
section must SHALL purchase alcohol beverages, other than those that are19
fermented and distilled at the licensed distillery pub,
ONLY from a20
wholesaler licensed pursuant to this article
3.21
(b) (I) During a calendar year, a person selling alcohol beverages22
as provided in this section may purchase not more than two thousand23
dollars' worth of malt, vinous, and spirituous liquors from retailers24
licensed pursuant to sections 44-3-409, 44-3-410 and 44-4-104 (1)(c)25
AND, DURING A CALENDAR MONTH, NOT MORE THAN FIVE THOUSAND26
DOLLARS' WORTH OF MALT, VINOUS, OR SPIRITUOUS LIQUORS FROM A27
1373
-22- RETAILER LICENSED PURSUANT TO SECTION 44-3-409. A PERSON LICENSED1
UNDER THIS SECTION MAY PURCHASE A KEG ONLY FROM A WHOLESALER.2
(II) The distillery pub licensee shall retain evidence of each3
purchase of malt, vinous, and spirituous liquors from a retailer licensed4
pursuant to section 44-3-409, 44-3-410, or 44-4-104 (1)(c) in the form of5
a purchase receipt showing the name of the licensed retailer, the date of6
purchase, a description of the alcohol beverages purchased, and the price7
paid for the alcohol beverages. The licensee shall retain the receipt and8
make it available to
THE state and local licensing authorities at all times9
during business hours.10
11
SECTION 18. In Colorado Revised Statutes, 44-3-428, amend12
(2) as follows:13
44-3-428. Lodging and entertainment license. (2) (a) A lodging14
and entertainment facility licensed to sell alcohol beverages as provided15
in this section shall purchase
THE alcohol beverages only from a16
wholesaler licensed pursuant to this article
3; except that, during a17
calendar year, a lodging and entertainment facility licensed to sell alcohol18
beverages as provided in this section may purchase not more than two19
thousand dollars' worth of malt, vinous, and spirituous liquors from20
retailers licensed pursuant to sections 44-3-409, 44-3-410 and 44-4-10421
(1)(c) AND, DURING A CALENDAR MONTH, NOT MORE THAN FIVE22
THOUSAND DOLLARS' WORTH OF MALT, VINOUS, OR SPIRITUOUS LIQUORS23
FROM A RETAILER LICENSED PURSUANT TO SECTION 44-3-409. A PERSON24
LICENSED UNDER THIS SECTION MAY PURCHASE A KEG ONLY FROM A25
WHOLESALER.26
(b) A lodging and entertainment facility licensee shall retain27
1373
-23- evidence of each purchase of malt, vinous, or spirituous liquors from a1
retailer licensed pursuant to section 44-3-409, 44-3-410, or 44-4-1042
(1)(c) in the form of a purchase receipt showing the name of the licensed3
retailer, the date of purchase, a description of the alcohol beverages4
purchased, and the price paid for the alcohol beverages. The lodging and5
entertainment facility licensee shall retain the receipt and make it6
available to the state and local licensing authorities at all times during7
business hours.8
9
SECTION 19. In Colorado Revised Statutes, 26-2-104, amend10
(2)(a)(II)(C) and (2)(h)(I)(B) as follows:11
26-2-104. Public assistance programs - electronic benefits12
transfer service - joint reports with department of revenue - signs -13
rules. (2) (a) (II) Only those businesses that offer products or services14
related to the purpose of the public assistance benefits are allowed to15
participate in the electronic benefits transfer service through the use of16
point-of-sale terminals. Clients shall not be allowed to access cash17
benefits through the electronic benefits transfer service from automated18
teller machines in this state located in:19
(C) Retail establishments licensed to sell malt, vinous, or20
spirituous liquors pursuant to part 3 of article 3 of title 44; except that the21
prohibition in this subsection (2)(a)(II)(C) does not apply to22
establishments licensed as liquor-licensed drugstores under section23
44-3-410 OR FERMENTED MALT BEVERAGE AND WINE RETAILERS AS24
DEFINED IN SECTION 44-3-103 (18.5);25
(h) (I) On or before January 1, 2016, The department of revenue26
shall adopt rules pursuant to the "State Administrative Procedure Act",27
1373
-24- article 4 of title 24, that relate to a client's use of automated teller1
machines at locations where the use is prohibited. The rules must apply2
to the following establishments:3
(B) Retail establishments licensed to sell malt, vinous, or4
spirituous liquors pursuant to part 3 of article 3 of title 44, excluding5
establishments licensed as liquor-licensed drugstores under section6
44-3-410 AND FERMENTED MALT BEVERAGE AND WINE RETAILERS AS7
DEFINED IN SECTION 44-3-103 (18.5);8
9
SECTION 20. In Colorado Revised Statutes, 44-3-303, amend10
(1)(b), (1)(c)(I), and (2); and repeal (1)(c)(II) as follows:11
44-3-303. Transfer of ownership and temporary permits.12
(1) (b) When a license has been issued to a husband and wife, SPOUSES13
or to general or limited partners, the death of a spouse or partner shall not14
require the surviving spouse or partner to obtain a new license. All rights15
and privileges granted under the original license shall continue in full16
force and effect as to such survivors for the balance of the license period. 17
(c) (I) Except as provided in subsection (1)(c)(II) of this section,18
For any other transfer of ownership, application must be made to the state19
and local licensing authorities on forms prepared and furnished by the20
state licensing authority. In determining whether to permit a transfer of21
ownership, the licensing authorities shall consider only the requirements22
of section 44-3-307 and 1 CCR 203-2, rule 47-302, entitled "Changing,23
Altering, or Modifying Licensed Premises", or any analogous successor24
rule. The local licensing authority may conduct a hearing on the25
application for transfer of ownership after providing notice in accordance26
with subsection (1)(c)(III) of this section. Any transfer of ownership27
1373
-25- hearing by the state licensing authority must be held in accordance with1
section 44-3-305 (2).2
(II) A license merger and conversion as provided for in section3
44-3-410 (1)(b) includes a transfer of ownership of at least two retail4
liquor stores, a change of location of one of the retail liquor stores, and5
a merger and conversion of the retail liquor store licenses into a single6
liquor-licensed drugstore license, all as part of a single transaction, and7
the liquor-licensed drugstore applicant need not apply separately for a8
transfer of ownership under this section. The liquor-licensed drugstore9
applying for a license merger and conversion pursuant to section10
44-3-410 (1)(b) is ineligible for a temporary permit pursuant to this11
section. The local licensing authority shall consider the reasonable12
requirements of the neighborhood pursuant to section 44-3-312 when13
making a determination on the merger and conversion of the retail liquor14
store licenses into a single liquor-licensed drugstore license. The local15
licensing authority may hold a hearing on the application for the license16
merger and conversion after providing notice in accordance with17
subsection (1)(c)(III) of this section.18
(2) Notwithstanding any provision of this article 3 to the contrary,19
a local licensing authority may issue a temporary permit to a transferee of20
any retail class of alcohol beverage license issued by the local licensing21
authority pursuant to this article 3 or article 4 of this title 44. except that22
a local licensing authority shall not issue a temporary permit to a23
liquor-licensed drugstore that has acquired ownership of licensed retail24
liquor stores in accordance with section 44-3-410 (1)(b). A temporary25
permit authorizes a transferee to continue selling alcohol beverages as26
permitted under the permanent license during the period in which an27
1373
-26- application to transfer the ownership of the license is pending.1
SECTION 21. In Colorado Revised Statutes, 44-3-312, amend2
(2)(a) as follows:3
44-3-312. Results of investigation - decision of authorities.4
(2) (a) Before entering any decision approving or denying the AN5
application, the local licensing authority shall consider, except where this6
article 3 specifically provides otherwise, the facts and evidence adduced7
as a result of its investigation, as well as any other facts, the reasonable8
requirements of the neighborhood for the type of license for which9
application has been made, the desires of the adult inhabitants, the10
number, type, and availability of alcohol beverage outlets located in or11
near the neighborhood under consideration, and any other pertinent12
matters affecting the qualifications of the applicant for the conduct of the13
type of business proposed; except that the reasonable requirements of the14
neighborhood shall not be considered in the issuance of a club liquor15
license. For the merger and conversion of retail liquor store licenses to a16
single liquor-licensed drugstore license in accordance with section17
44-3-410 (1)(b), the local licensing authority shall consider the reasonable18
requirements of the neighborhood and the desires of the adult inhabitants19
of the neighborhood.20
SECTION 22. In Colorado Revised Statutes, 44-3-409, amend21
(2)(a)(I); and repeal (3)(a)(I) and (5) as follows:22
44-3-409. Retail liquor store license - rules. (2) (a) A person23
licensed under this section to sell malt, vinous, and spirituous liquors in24
a retail liquor store:25
(I) Shall purchase the malt, vinous, and spirituous liquors only26
from a wholesaler licensed pursuant to this article 3; and EXCEPT THAT,27
1373
-27- DURING A CALENDAR MONTH, A PERSON LICENSED UNDER THIS SECTION1
MAY PURCHASE UP TO FIVE THOUSAND DOLLARS ' WORTH OF ALCOHOL2
BEVERAGES FROM A RETAILER LICENSED PURSUANT TO THIS SECTION. A3
PERSON LICENSED UNDER THIS SECTION MAY PURCHASE A KEG ONLY FROM4
A WHOLESALER.5
(3) (a) A person licensed to sell at retail who complies with this6
subsection (3) and rules promulgated pursuant to this subsection (3) may7
deliver malt, vinous, and spirituous liquors to a person of legal age if:8
(I) The person receiving the delivery of malt, vinous, or spirituous9
liquors is located at a place that is not licensed pursuant to this section;10
(5) A liquor-licensed drugstore may apply to the state and local11
licensing authorities, as part of a single application, for a merger and12
conversion of retail liquor store licenses to a single liquor-licensed13
drugstore license as provided in section 44-3-410 (1)(b).14
15
SECTION 23. In Colorado Revised Statutes, 44-3-501, repeal16
(3)(a)(XVI) as follows:17
44-3-501. State fees - rules. (3) (a) The state licensing authority18
shall establish fees for processing the following types of applications,19
notices, or reports required to be submitted to the state licensing20
authority:21
(XVI) Applications for transfer of ownership, change of location,22
and license merger and conversion pursuant to section 44-3-410 (1)(b);23
24
SECTION 24. In Colorado Revised Statutes, 44-3-505, amend25
(1) introductory portion; and repeal (4)(a)(V) as follows:26
44-3-505. Local license fees. (1) The applicant shall pay the27
1373
-28- following license fees to the treasurer of the municipality CITY, city and1
county, or county where the licensed premises is located annually in2
advance:3
4
(4) (a) Each application for a license provided for in this article 35
and article 4 of this title 44 filed with a local licensing authority must be6
accompanied by an application fee in an amount determined by the local7
licensing authority to cover actual and necessary expenses, subject to the8
following limitations:9
(V) For a transfer of ownership, change of location, and license10
merger and conversion pursuant to section 44-3-410 (1)(b), not to exceed11
one thousand dollars.12
SECTION 25. In Colorado Revised Statutes, 44-3-901, amend13
(1)(g), (6)(k)(I), and (6)(k)(V) 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
26
(6) It is unlawful for any person licensed to sell at retail pursuant27
1373
-29- to this article 3 or article 4 of this title 44:1
2
(k) (I) Except as provided in subsections (6)(k)(II), (6)(k)(IV), and3
(6)(k)(V) of this section, to have on the licensed premises, if licensed as4
a retail liquor store, liquor-licensed drugstore, fermented malt beverage5
retailer, or fermented malt beverage and wine retailer, any container that6
shows evidence of having once been opened or that contains a volume of7
liquor less than that specified on the label of the container;8
9
(V) A person holding a retail liquor store or liquor-licensed10
drugstore license under this article 3 or a fermented malt beverage and11
wine retailer's license under section 44-4-107 (1)(a) may have upon the12
licensed premises an open container of an alcohol beverage product that13
the licensee discovers to be damaged or defective so long as the licensee14
marks the product as damaged or for return and stores the open container15
outside the sales area of the licensed premises until the licensee is able to16
return the product to the wholesaler
OR RETAILER from whom the product17
was purchased.18
19
SECTION 26. In Colorado Revised Statutes, add 44-3-314 as20
follows:21
44-3-314. Adjustments for inflation - retail-to-retail sales.22
(1) ON JANUARY 1, 2025, AND EACH JANUARY 1 THEREAFTER, THE STATE23
LICENSING AUTHORITY SHALL ADJUST FOR INFLATION THE PURCHASE24
LIMITATIONS FOR SALES BETWEEN RETAIL LICENSEES SPECIFIED IN25
SECTIONS 44-3-409 (2)(a)(I), 44-3-411 (2)(a), 44-3-413 (7)(b)(I),26
44-3-414 (2)(a), 44-3-416 (2)(a), 44-3-417 (3)(a), 44-3-418 (2)(a),27
1373
-30- 44-3-419 (4)(a), 44-3-420 (2)(a), 44-3-422 (3)(a), 44-3-426 (4)(a), AND1
44-3-428 (2)(a).2
(2) THE STATE LICENSING AUTHORITY SHALL PUBLISH THE3
ADJUSTED PURCHASE LIMITATION AMOUNT ON THE LIQUOR ENFORCEMENT4
DIVISION'S WEBSITE.5
SECTION 27. Appropriation. (1) For the 2024-25 state fiscal6
year, $190,086 is appropriated to the department of revenue. This7
appropriation is from liquor enforcement division and state licensing8
authority cash fund created in 44-6-101, C.R.S. To implement this act, the9
department may use this appropriation as follows:10
(a) $50,518 for use by the specialized business group for personal11
services related to liquor and tobacco enforcement, which amount is12
based on an assumption that the division will require an additional 0.613
FTE;14
(b) $14,108 for use by the specialized business group for operating15
expenses related to liquor and tobacco enforcement; and16
(c) $125,460 for the purchase of legal services.17
(2) For the 2024-25 state fiscal year, $125,460 is appropriated to18
the department of law. This appropriation is from reappropriated funds19
received from the department of revenue under subsection (1)(c) of this20
section and is based on an assumption that the department of law will21
require an additional 0.5 FTE. To implement this act, the department of22
law may use this appropriation to provide legal services for the23
department of revenue.24
SECTION 28. Act subject to petition - effective date. This act25
takes effect at 12:01 a.m. on the day following the expiration of the26
ninety-day period after final adjournment of the general assembly; except27
1373
-31- that, if a referendum petition is filed pursuant to section 1 (3) of article V1
of the state constitution against this act or an item, section, or part of this2
act within such period, then the act, item, section, or part will not take3
effect unless approved by the people at the general election to be held in4
November 2024 and, in such case, will take effect on the date of the5
official declaration of the vote thereon by the governor.6
1373
-32-