Colorado 2025 Regular Session

Colorado Senate Bill SB033 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fifth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 25-0138.01 Brita Darling x2241
1	8		SENATE BILL25-033
2		-	BY SENATOR(S) Amabile and Roberts, Simpson, Bridges, Catlin,
3		-	Daugherty, Exum, Kipp, Mullica, Snyder, Weissman;
4		-	also REPRESENTATIVE(S) Ricks and Weinberg, Bacon, Bird,
5		-	Boesenecker, Brown, Clifford, Mabrey, McCluskie, McCormick,
6		-	Gonzalez R., Hamrick, Lukens, Marshall, Mauro, Phillips, Sirota,
7		-	Stewart K.
	9	+	Senate Committees House Committees
	10	+	Business, Labor, & Technology Business Affairs & Labor
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
8	13		C
9		-	ONCERNING LIMITATIONS ON LIQUOR -LICENSED DRUGSTORE LICENSES.
10		-
11		-	Be it enacted by the General Assembly of the State of Colorado:
12		-	SECTION 1. In Colorado Revised Statutes, 44-3-103, add (21.3)
13		-	as follows:
14		-	44-3-103. Definitions. As used in this article 3 and article 4 of this
15		-	title 44, unless the context otherwise requires:
	14	+	ONCERNING LIMITATIONS ON LIQUOR -LICENSED DRUGSTORE101
	15	+	LICENSES.102
	16	+	Bill Summary
	17	+	(Note: This summary applies to this bill as introduced and does
	18	+	not reflect any amendments that may be subsequently adopted. If this bill
	19	+	passes third reading in the house of introduction, a bill summary that
	20	+	applies to the reengrossed version of this bill will be available at
	21	+	http://leg.colorado.gov
	22	+	.)
	23	+	On and after the effective date of the bill, the bill prohibits the
	24	+	state and local licensing authorities (licensing authorities) from issuing a
	25	+	new liquor-licensed drugstore license (license). Licensing authorities may
	26	+	continue to renew existing licenses.
	27	+	A person holding a license (licensee) is prohibited from changing
	28	+	the location of, merging, selling, converting, or transferring a license;
	29	+	HOUSE
	30	+	3rd Reading Unamended
	31	+	April 1, 2025
	32	+	HOUSE
	33	+	2nd Reading Unamended
	34	+	March 31, 2025
	35	+	SENATE
	36	+	3rd Reading Unamended
	37	+	February 20, 2025
	38	+	SENATE
	39	+	Amended 2nd Reading
	40	+	February 19, 2025
	41	+	SENATE SPONSORSHIP
	42	+	Amabile and Roberts, Simpson, Bridges, Catlin, Daugherty, Exum, Kipp, Mullica, Snyder,
	43	+	Weissman
	44	+	HOUSE SPONSORSHIP
	45	+	Ricks and Weinberg, Bacon, Bird, Boesenecker, Brown, Clifford, Mabrey, McCluskie,
	46	+	McCormick, Gonzalez R., Hamrick, Lukens, Marshall, Mauro, Phillips, Sirota, Stewart K.
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	49	+	Dashes through the words or numbers indicate deletions from existing law. except that a licensee that holds a license that was issued to an
	50	+	independent pharmacy before January 1, 2025, shall not, on or after the
	51	+	effective date of the bill, change the location of or merge or convert the
	52	+	license but may sell or transfer the license to another licensee that is an
	53	+	independent pharmacy that holds a license or to a person that does not
	54	+	already have a license.
	55	+	The bill prohibits an owner, part owner, shareholder, or person
	56	+	interested directly or indirectly in a liquor-licensed drugstore from having
	57	+	an interest in more than 8 licenses.
	58	+	Sections 3 through 7 of the bill make conforming amendments to
	59	+	account for the new restrictions on the license.
	60	+	Be it enacted by the General Assembly of the State of Colorado:1
	61	+	SECTION 1. In Colorado Revised Statutes, 44-3-103, add (21.3)2
	62	+	as follows:3
	63	+	44-3-103. Definitions. As used in this article 3 and article 4 of4
	64	+	this title 44, unless the context otherwise requires:5
16	65		(21.3) "I
17		-	NDEPENDENT PHARMACY " MEANS A PRESCRIPTION DRUG
18		-	OUTLET PRIVATELY OWNED BY AT LEAST ONE LICENSED PHARMACIST WITH
19		-	NO OWNERSHIP INTEREST BY OR AFFILIATION WITH A CHAIN OR PUBLICLY
20		-	OWNED PHARMACY
21		-	.
22		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
23		-	officers and the Governor. To determine whether the Governor has signed the bill
24		-	or taken other action on it, please consult the legislative status sheet, the legislative
25		-	history, or the Session Laws.
26		-	________
27		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28		-	through words or numbers indicate deletions from existing law and such material is not part of
29		-	the act. SECTION 2. In Colorado Revised Statutes, 44-3-410, amend (1)(a)
30		-	and (7); repeal (1)(b), (4)(b)(IV), (4)(b)(V), and (4)(c); and add (4)(b)(VI)
31		-	and (8) as follows:
32		-	44-3-410. Liquor-licensed drugstore license - multiple licenses
33		-	permitted - license renewals - independent pharmacies - requirements
34		-	- rules. (1) (a) (I)
35		-	A liquor-licensed drugstore license shall be IS issued to
36		-	persons selling malt, vinous, and spirituous liquors in sealed containers not
37		-	to be consumed at the place where sold. On and after July 1, 2016, except
38		-	as permitted under subsection (1)(b) of this section THE EFFECTIVE DATE OF
39		-	THIS SECTION
40		-	, AS AMENDED, the state and local licensing authorities shall
41		-	not issue a
42		-	ANY new liquor-licensed drugstore license if the licensed
43		-	premises for which a liquor-licensed drugstore license is sought is located:
44		-	LICENSES.
45		-	(A) Within one thousand five hundred feet of a retail liquor store
46		-	licensed under section 44-3-409;
47		-	(B) For a drugstore premises located in a municipality with a
48		-	population of ten thousand or fewer, within three thousand feet of a retail
49		-	liquor store licensed under section 44-3-409; or
50		-	(C) For a drugstore premises located in a municipality with a
51		-	population of ten thousand or fewer that is contiguous to the city and county
52		-	of Denver, within one thousand five hundred feet of a retail liquor store
53		-	licensed under section 44-3-409.
54		-	(II) Nothing in this subsection (1) prohibits:
55		-	(A) The renewal or transfer of ownership of a liquor-licensed
56		-	drugstore license initially issued prior to July 1, 2016.
57		-	(B) A liquor-licensed drugstore licensee from allowing tastings on
58		-	the licensed premises if the applicable local licensing authority has
59		-	authorized the liquor-licensed drugstore to conduct tastings on its licensed
60		-	premises in accordance with section 44-3-301 (10).
61		-	(b) (I) On or after January 1, 2017, to qualify for an additional
62		-	liquor-licensed drugstore license under this section, a liquor-licensed
63		-	drugstore licensee, or a retail liquor store licensee that was licensed as a
64		-	PAGE 2-SENATE BILL 25-033 liquor-licensed drugstore on February 21, 2016, must apply to the state and
65		-	local licensing authorities, as part of a single application, for a transfer of
66		-	ownership of at least two licensed retail liquor stores that were licensed or
67		-	had applied for a license on or before May 1, 2016, a change of location of
68		-	one of the retail liquor stores, and a merger and conversion of the retail
69		-	liquor store licenses into a single liquor-licensed drugstore license. The
70		-	applicant may apply for a transfer, change of location, and merger and
71		-	conversion only if all of the following requirements are met:
72		-	(A) The retail liquor stores that are the subject of the transfer of
73		-	ownership are located within the same local licensing authority jurisdiction
74		-	as the drugstore premises for which the applicant is seeking a
75		-	liquor-licensed drugstore license, and, if any retail liquor stores are located
76		-	within one thousand five hundred feet of the drugstore premises or, for a
77		-	drugstore premises located in a municipality with a population of ten
78		-	thousand or fewer, within three thousand feet of the drugstore premises, the
79		-	applicant applies to transfer ownership of all retail liquor stores located
80		-	within that distance. If there are no licensed retail liquor stores or only one
81		-	licensed retail liquor store within the same local licensing authority
82		-	jurisdiction as the drugstore premises for which a liquor-licensed drugstore
83		-	license is sought, the applicant shall apply to transfer ownership of one or
84		-	two retail liquor stores, as necessary, that are located in the local licensing
85		-	authority jurisdiction that is nearest to the jurisdiction in which the
86		-	drugstore premises is located.
87		-	(B) Upon transfer and conversion of the retail liquor store licenses
88		-	to a single liquor-licensed drugstore license, the drugstore premises for
89		-	which the liquor-licensed drugstore license is sought will be located at least
90		-	one thousand five hundred feet from all licensed retail liquor stores that are
91		-	within the same local licensing authority jurisdiction as the drugstore
92		-	premises or, for a drugstore premises located in a municipality with a
93		-	population of ten thousand or fewer, at least three thousand feet from all
94		-	licensed retail liquor stores that are within the same local licensing authority
95		-	jurisdiction as the drugstore premises.
96		-	(II) For purposes of determining whether the distance requirements
97		-	specified in subsection (1)(b)(I) of this section are satisfied, the distance
98		-	shall be determined by a radius measurement that begins at the principal
99		-	doorway of the drugstore premises for which the application is made and
100		-	ends at the principal doorway of the licensed retail liquor store.
101		-	PAGE 3-SENATE BILL 25-033 (III) In making its determination on the transfer of ownership,
102		-	change of location, and license merger and conversion application, the local
103		-	licensing authority shall consider the reasonable requirements of the
104		-	neighborhood and the desires of the adult inhabitants in accordance with
105		-	section 44-3-312.
106		-	(IV) In addition to any other requirements for licensure under this
107		-	section or this article 3, a person applying for a new liquor-licensed
108		-	drugstore license in accordance with this subsection (1)(b) on or after
109		-	January 1, 2017, or to renew a liquor-licensed drugstore license issued on
110		-	or after January 1, 2017, under this subsection (1)(b) must:
111		-	(A) Provide evidence to the state and local licensing authorities that
112		-	at least twenty percent of the licensee's gross annual income derived from
113		-	total sales during the prior twelve months at the drugstore premises for
114		-	which a new or renewal licenses is sought is from the sale of food items, as
115		-	defined by the state licensing authority by rule; and
116		-	(B) Make and keep its premises open to the public.
117		-	(4) (b) An owner, part owner, shareholder, or person interested
118		-	directly or indirectly in a liquor-licensed drugstore may have an interest in:
119		-	(IV) For a liquor-licensed drugstore licensed on or before January
120		-	1, 2016, or a liquor-licensed drugstore licensee that was licensed as a
121		-	liquor-licensed drugstore on February 21, 2016, that converted its license
122		-	to a retail liquor store license after February 21, 2016, and that applied on
123		-	or before May 1, 2017, to convert its retail liquor store license back to a
124		-	liquor-licensed drugstore license, additional liquor-licensed drugstore
125		-	licenses as follows, but only if obtained in accordance with subsection
126		-	(1)(b) of this section:
127		-	(A) On or after January 1, 2017, and before January 1, 2022, four
128		-	additional liquor-licensed drugstore licenses, for a maximum of five total
129		-	liquor-licensed drugstore licenses;
130		-	(B) On or after January 1, 2022, and before January 1, 2027, up to
131		-	seven additional liquor-licensed drugstore licenses, for a maximum of eight
132		-	total liquor-licensed drugstore licenses;
133		-	PAGE 4-SENATE BILL 25-033 (C) On or after January 1, 2027, and before January 1, 2032, up to
134		-	twelve additional liquor-licensed drugstore licenses, for a maximum of
135		-	thirteen total liquor-licensed drugstore licenses;
136		-	(D) On or after January 1, 2032, and before January 1, 2037, up to
137		-	nineteen additional liquor-licensed drugstore licenses, for a maximum of
138		-	twenty total liquor-licensed drugstore licenses; and
139		-	(E) On or after January 1, 2037, an unlimited number of additional
140		-	liquor-licensed drugstore licenses.
141		-	(V) For a liquor-licensed drugstore that submitted an application for
142		-	a new liquor-licensed drugstore license before October 1, 2016, additional
143		-	liquor-licensed drugstore licenses as follows, but only if obtained in
144		-	accordance with subsection (1)(b) of this section:
145		-	(A) On or after January 1, 2019, and before January 1, 2022, four
146		-	additional liquor-licensed drugstore licenses, for a maximum of five total
147		-	liquor-licensed drugstore licenses;
148		-	(B) On or after January 1, 2022, and before January 1, 2027, up to
149		-	seven additional liquor-licensed drugstore licenses, for a maximum of eight
150		-	total liquor-licensed drugstore licenses;
151		-	(C) On or after January 1, 2027, and before January 1, 2032, up to
152		-	twelve additional liquor-licensed drugstore licenses, for a maximum of
153		-	thirteen total liquor-licensed drugstore licenses;
154		-	(D) On or after January 1, 2032, and before January 1, 2037, up to
155		-	nineteen additional liquor-licensed drugstore licenses, for a maximum of
156		-	twenty total liquor-licensed drugstore licenses; and
157		-	(E) On or after January 1, 2037, an unlimited number of additional
158		-	liquor-licensed drugstore licenses.
159		-	(VI) NO MORE THAN EIGHT LIQUOR -LICENSED DRUGSTORE LICENSES.
	66	+	NDEPENDENT PHARMACY " MEANS A PRESCRIPTION DRUG6
	67	+	OUTLET PRIVATELY OWNED BY AT LEAST ONE LICENSED PHARMACIST WITH7
	68	+	NO OWNERSHIP INTEREST BY OR AFFILIATION WITH A CHAIN OR PUBLICLY8
	69	+	OWNED PHARMACY .9
	70	+	SECTION 2. In Colorado Revised Statutes, 44-3-410, amend10
	71	+	(1)(a) and (7); repeal (1)(b), (4)(b)(IV), (4)(b)(V), and (4)(c); and add11
	72	+	(4)(b)(VI) and (8) as follows:12
	73	+	44-3-410. Liquor-licensed drugstore license - multiple licenses13
	74	+	permitted - license renewals - independent pharmacies -14
	75	+	requirements - rules. (1) (a) (I)
	76	+	A liquor-licensed drugstore license shall15
	77	+	be IS issued to persons selling malt, vinous, and spirituous liquors in16
	78	+	sealed containers not to be consumed at the place where sold. On and17
	79	+	after July 1, 2016, except as permitted under subsection (1)(b) of this18
	80	+	section THE EFFECTIVE DATE OF THIS SECTION, AS AMENDED, the state and19
	81	+	033-2- local licensing authorities shall not issue a ANY new liquor-licensed1
	82	+	drugstore license if the licensed premises for which a liquor-licensed2
	83	+	drugstore license is sought is located: LICENSES.3
	84	+	(A) Within one thousand five hundred feet of a retail liquor store4
	85	+	licensed under section 44-3-409;5
	86	+	(B) For a drugstore premises located in a municipality with a6
	87	+	population of ten thousand or fewer, within three thousand feet of a retail7
	88	+	liquor store licensed under section 44-3-409; or8
	89	+	(C) For a drugstore premises located in a municipality with a9
	90	+	population of ten thousand or fewer that is contiguous to the city and10
	91	+	county of Denver, within one thousand five hundred feet of a retail liquor11
	92	+	store licensed under section 44-3-409.12
	93	+	(II) Nothing in this subsection (1) prohibits:13
	94	+	(A) The renewal or transfer of ownership of a liquor-licensed14
	95	+	drugstore license initially issued prior to July 1, 2016.15
	96	+	(B) A liquor-licensed drugstore licensee from allowing tastings on16
	97	+	the licensed premises if the applicable local licensing authority has17
	98	+	authorized the liquor-licensed drugstore to conduct tastings on its licensed18
	99	+	premises in accordance with section 44-3-301 (10).19
	100	+	(b) (I) On or after January 1, 2017, to qualify for an additional20
	101	+	liquor-licensed drugstore license under this section, a liquor-licensed21
	102	+	drugstore licensee, or a retail liquor store licensee that was licensed as a22
	103	+	liquor-licensed drugstore on February 21, 2016, must apply to the state23
	104	+	and local licensing authorities, as part of a single application, for a24
	105	+	transfer of ownership of at least two licensed retail liquor stores that were25
	106	+	licensed or had applied for a license on or before May 1, 2016, a change26
	107	+	of location of one of the retail liquor stores, and a merger and conversion27
	108	+	033
	109	+	-3- of the retail liquor store licenses into a single liquor-licensed drugstore1
	110	+	license. The applicant may apply for a transfer, change of location, and2
	111	+	merger and conversion only if all of the following requirements are met:3
	112	+	(A) The retail liquor stores that are the subject of the transfer of4
	113	+	ownership are located within the same local licensing authority5
	114	+	jurisdiction as the drugstore premises for which the applicant is seeking6
	115	+	a liquor-licensed drugstore license, and, if any retail liquor stores are7
	116	+	located within one thousand five hundred feet of the drugstore premises8
	117	+	or, for a drugstore premises located in a municipality with a population9
	118	+	of ten thousand or fewer, within three thousand feet of the drugstore10
	119	+	premises, the applicant applies to transfer ownership of all retail liquor11
	120	+	stores located within that distance. If there are no licensed retail liquor12
	121	+	stores or only one licensed retail liquor store within the same local13
	122	+	licensing authority jurisdiction as the drugstore premises for which a14
	123	+	liquor-licensed drugstore license is sought, the applicant shall apply to15
	124	+	transfer ownership of one or two retail liquor stores, as necessary, that are16
	125	+	located in the local licensing authority jurisdiction that is nearest to the17
	126	+	jurisdiction in which the drugstore premises is located.18
	127	+	(B) Upon transfer and conversion of the retail liquor store licenses19
	128	+	to a single liquor-licensed drugstore license, the drugstore premises for20
	129	+	which the liquor-licensed drugstore license is sought will be located at21
	130	+	least one thousand five hundred feet from all licensed retail liquor stores22
	131	+	that are within the same local licensing authority jurisdiction as the23
	132	+	drugstore premises or, for a drugstore premises located in a municipality24
	133	+	with a population of ten thousand or fewer, at least three thousand feet25
	134	+	from all licensed retail liquor stores that are within the same local26
	135	+	licensing authority jurisdiction as the drugstore premises.27
	136	+	033
	137	+	-4- (II) For purposes of determining whether the distance1
	138	+	requirements specified in subsection (1)(b)(I) of this section are satisfied,2
	139	+	the distance shall be determined by a radius measurement that begins at3
	140	+	the principal doorway of the drugstore premises for which the application4
	141	+	is made and ends at the principal doorway of the licensed retail liquor5
	142	+	store.6
	143	+	(III) In making its determination on the transfer of ownership,7
	144	+	change of location, and license merger and conversion application, the8
	145	+	local licensing authority shall consider the reasonable requirements of the9
	146	+	neighborhood and the desires of the adult inhabitants in accordance with10
	147	+	section 44-3-312.11
	148	+	(IV) In addition to any other requirements for licensure under this12
	149	+	section or this article 3, a person applying for a new liquor-licensed13
	150	+	drugstore license in accordance with this subsection (1)(b) on or after14
	151	+	January 1, 2017, or to renew a liquor-licensed drugstore license issued on15
	152	+	or after January 1, 2017, under this subsection (1)(b) must:16
	153	+	(A) Provide evidence to the state and local licensing authorities17
	154	+	that at least twenty percent of the licensee's gross annual income derived18
	155	+	from total sales during the prior twelve months at the drugstore premises19
	156	+	for which a new or renewal licenses is sought is from the sale of food20
	157	+	items, as defined by the state licensing authority by rule; and21
	158	+	(B) Make and keep its premises open to the public.22
	159	+	(4) (b) An owner, part owner, shareholder, or person interested23
	160	+	directly or indirectly in a liquor-licensed drugstore may have an interest24
	161	+	in:25
	162	+	(IV) For a liquor-licensed drugstore licensed on or before January26
	163	+	1, 2016, or a liquor-licensed drugstore licensee that was licensed as a27
	164	+	033
	165	+	-5- liquor-licensed drugstore on February 21, 2016, that converted its license1
	166	+	to a retail liquor store license after February 21, 2016, and that applied on2
	167	+	or before May 1, 2017, to convert its retail liquor store license back to a3
	168	+	liquor-licensed drugstore license, additional liquor-licensed drugstore4
	169	+	licenses as follows, but only if obtained in accordance with subsection5
	170	+	(1)(b) of this section:6
	171	+	(A) On or after January 1, 2017, and before January 1, 2022, four7
	172	+	additional liquor-licensed drugstore licenses, for a maximum of five total8
	173	+	liquor-licensed drugstore licenses;9
	174	+	(B) On or after January 1, 2022, and before January 1, 2027, up10
	175	+	to seven additional liquor-licensed drugstore licenses, for a maximum of11
	176	+	eight total liquor-licensed drugstore licenses;12
	177	+	(C) On or after January 1, 2027, and before January 1, 2032, up13
	178	+	to twelve additional liquor-licensed drugstore licenses, for a maximum of14
	179	+	thirteen total liquor-licensed drugstore licenses;15
	180	+	(D) On or after January 1, 2032, and before January 1, 2037, up16
	181	+	to nineteen additional liquor-licensed drugstore licenses, for a maximum17
	182	+	of twenty total liquor-licensed drugstore licenses; and18
	183	+	(E) On or after January 1, 2037, an unlimited number of additional19
	184	+	liquor-licensed drugstore licenses.20
	185	+	(V) For a liquor-licensed drugstore that submitted an application21
	186	+	for a new liquor-licensed drugstore license before October 1, 2016,22
	187	+	additional liquor-licensed drugstore licenses as follows, but only if23
	188	+	obtained in accordance with subsection (1)(b) of this section:24
	189	+	(A) On or after January 1, 2019, and before January 1, 2022, four25
	190	+	additional liquor-licensed drugstore licenses, for a maximum of five total26
	191	+	liquor-licensed drugstore licenses;27
	192	+	033
	193	+	-6- (B) On or after January 1, 2022, and before January 1, 2027, up1
	194	+	to seven additional liquor-licensed drugstore licenses, for a maximum of2
	195	+	eight total liquor-licensed drugstore licenses;3
	196	+	(C) On or after January 1, 2027, and before January 1, 2032, up4
	197	+	to twelve additional liquor-licensed drugstore licenses, for a maximum of5
	198	+	thirteen total liquor-licensed drugstore licenses;6
	199	+	(D) On or after January 1, 2032, and before January 1, 2037, up7
	200	+	to nineteen additional liquor-licensed drugstore licenses, for a maximum8
	201	+	of twenty total liquor-licensed drugstore licenses; and9
	202	+	(E) On or after January 1, 2037, an unlimited number of additional10
	203	+	liquor-licensed drugstore licenses.11
	204	+	(VI) N
	205	+	O MORE THAN EIGHT LIQUOR -LICENSED DRUGSTORE12
	206	+	LICENSES.13
160	207		(c) Subsection (4)(b)(V) of this section does not apply to a
161		-	liquor-licensed drugstore licensee that was licensed as a liquor-licensed
162		-	drugstore on February 21, 2016, that converted its license to a retail liquor
163		-	PAGE 5-SENATE BILL 25-033 store license after February 21, 2016, and that applied on or before May 1,
164		-	2017, to convert its retail liquor store license back to a liquor-licensed
165		-	drugstore license.
166		-	(7) A person licensed under this section that obtains OBTAINED
167		-	additional liquor-licensed drugstore licenses in accordance with subsection
168		-	(4)(b)(IV) or (4)(b)(V) of this section may operate under a single or
169		-	consolidated corporate entity but shall not commingle purchases of or credit
170		-	extensions for purchases of malt, vinous, or spirituous liquors from a
171		-	wholesaler licensed under this article 3 for more than one licensed premises.
172		-	A wholesaler licensed under this article 3 shall not base the price for the
173		-	malt, vinous, or spirituous liquors it sells to a liquor-licensed drugstore
174		-	licensed under this section on the total volume of malt, vinous, or spirituous
175		-	liquors that the licensee purchases for multiple licensed premises.
	208	+	14
	209	+	liquor-licensed drugstore licensee that was licensed as a liquor-licensed15
	210	+	drugstore on February 21, 2016, that converted its license to a retail liquor16
	211	+	store license after February 21, 2016, and that applied on or before May17
	212	+	1, 2017, to convert its retail liquor store license back to a liquor-licensed18
	213	+	drugstore license.19
	214	+	(7) A person licensed under this section that obtains OBTAINED20
	215	+	additional liquor-licensed drugstore licenses in accordance with21
	216	+	subsection (4)(b)(IV) or (4)(b)(V) of this section may operate under a22
	217	+	single or consolidated corporate entity but shall not commingle purchases23
	218	+	of or credit extensions for purchases of malt, vinous, or spirituous liquors24
	219	+	from a wholesaler licensed under this article 3 for more than one licensed25
	220	+	premises. A wholesaler licensed under this article 3 shall not base the26
	221	+	price for the malt, vinous, or spirituous liquors it sells to a liquor-licensed27
	222	+	033
	223	+	-7- drugstore licensed under this section on the total volume of malt, vinous,1
	224	+	or spirituous liquors that the licensee purchases for multiple licensed2
	225	+	premises.3
176	226		(8) (a) T
177		-	HE STATE OR A LOCAL LICENSING AUTHORITY MAY RENEW
178		-	A LIQUOR
179		-	-LICENSED DRUGSTORE LICENSE PURSUANT TO SECTION 44-3-302.
180		-	I
181		-	N ADDITION TO ANY OTHER REQUIREMENTS FOR RENEWAL , A PERSON
182		-	APPLYING TO RENEW A LIQUOR
183		-	-LICENSED DRUGSTORE LICENSE ISSUED ON OR
184		-	AFTER
185		-	JANUARY 1, 2017, BUT ISSUED BEFORE THE EFFECTIVE DATE OF THIS
186		-	SECTION
187		-	, AS AMENDED, SHALL:
	227	+	HE STATE OR A LOCAL LICENSING AUTHORITY MAY RENEW4
	228	+	A LIQUOR-LICENSED DRUGSTORE LICENSE PURSUANT TO SECTION5
	229	+	44-3-302.
	230	+	IN ADDITION TO ANY OTHER REQUIREMENTS FOR RENEWAL , A6
	231	+	PERSON APPLYING TO RENEW A LIQUOR -LICENSED DRUGSTORE LICENSE7
	232	+	ISSUED ON OR AFTER JANUARY 1, 2017, BUT ISSUED BEFORE THE8
	233	+	EFFECTIVE DATE OF THIS SECTION, AS AMENDED, SHALL:9
188	234		(I) P
189		-	ROVIDE EVIDENCE TO THE STATE AND LOCAL LICENSING
190		-	AUTHORITIES THAT
191		-	, WITH RESPECT TO THE TOTAL SALES MADE DURING THE
192		-	PRIOR TWELVE MONTHS AT THE DRUGSTORE PREMISES FOR WHICH THE
193		-	RENEWAL LICENSE IS SOUGHT
194		-	, AT LEAST TWENTY PERCENT OF THE
195		-	LICENSEE
196		-	'S GROSS ANNUAL INCOME IS DERIVED FROM THE SALE OF FOOD
197		-	ITEMS
198		-	, AS DEFINED BY THE STATE LICENSING AUTHORITY BY RULE ; AND
199		-	(II) MAKE AND KEEP THE LICENSEE'S PREMISES OPEN TO THE PUBLIC.
	235	+	ROVIDE EVIDENCE TO THE STATE AND LOCAL LICENSING10
	236	+	AUTHORITIES THAT, WITH RESPECT TO THE TOTAL SALES MADE DURING11
	237	+	THE PRIOR TWELVE MONTHS AT THE DRUGSTORE PREMISES FOR WHICH THE12
	238	+	RENEWAL LICENSE IS SOUGHT , AT LEAST TWENTY PERCENT OF THE13
	239	+	LICENSEE'S GROSS ANNUAL INCOME IS DERIVED FROM THE SALE OF FOOD14
	240	+	ITEMS, AS DEFINED BY THE STATE LICENSING AUTHORITY BY RULE ; AND15
	241	+	(II) M
	242	+	AKE AND KEEP THE LICENSEE 'S PREMISES OPEN TO THE16
	243	+	PUBLIC.17
200	244		(b) (I) O
201		-	N AND AFTER THE EFFECTIVE DATE OF THIS SECTION , AS
202		-	AMENDED
203		-	, A LIQUOR-LICENSED DRUGSTORE LICENSEE SHALL NOT MERGE ,
204		-	SELL, TRANSFER, CONVERT, OR CHANGE THE LOCATION OF A
205		-	LIQUOR
206		-	-LICENSED DRUGSTORE LICENSE.
	245	+	N AND AFTER THE EFFECTIVE DATE OF THIS SECTION , AS18
	246	+	AMENDED, A LIQUOR-LICENSED DRUGSTORE LICENSEE SHALL NOT MERGE ,19
	247	+	SELL, TRANSFER, CONVERT, OR CHANGE THE LOCATION OF A20
	248	+	LIQUOR-LICENSED DRUGSTORE LICENSE.21
207	249		(II) N
208		-	OTWITHSTANDING SUBSECTION (8)(b)(I) OF THIS SECTION, A
209		-	LIQUOR
210		-	-LICENSED DRUGSTORE LICENSEE THAT HOLDS A LIQUOR -LICENSED
211		-	DRUGSTORE LICENSE THAT WAS ISSUED TO AN INDEPENDENT PHARMACY
212		-	BEFORE
213		-	JANUARY 1, 2025, MAY CHANGE THE LOCATION OF OR SELL OR
214		-	PAGE 6-SENATE BILL 25-033 TRANSFER THE LICENSE TO ANOTHER INDEPENDENT PHARMACY THAT HOLDS
215		-	A LIQUOR
216		-	-LICENSED DRUGSTORE LICENSE OR TO A PERSON THAT DOES NOT
217		-	ALREADY HOLD OR HAVE AN INTEREST IN A LIQUOR
218		-	-LICENSED DRUGSTORE
219		-	LICENSE
220		-	.
221		-	SECTION 3. In Colorado Revised Statutes, 44-3-303, amend
222		-	(1)(c)(I) and (2); and repeal (1)(c)(II) as follows:
223		-	44-3-303. Transfer of ownership and temporary permits.
224		-	(1) (c) (I) Except as provided in subsection (1)(c)(II) of this section, for any
225		-	other FOR ANY transfer of ownership, application must be made to the state
226		-	and local licensing authorities on forms prepared and furnished by the state
227		-	licensing authority. In determining whether to permit a transfer of
228		-	ownership, the licensing authorities shall consider only the requirements of
229		-	section 44-3-307 and 1 CCR 203-2, rule 47-302, entitled "Changing,
230		-	Altering, or Modifying Licensed Premises", or any analogous successor
231		-	rule. The local licensing authority may conduct a hearing on the application
232		-	for transfer of ownership after providing notice in accordance with
233		-	subsection (1)(c)(III) of this section. Any
234		-	A transfer of ownership hearing
235		-	by the state licensing authority must SHALL be held in accordance with
236		-	section 44-3-305 (2).
237		-	(II) A license merger and conversion as provided for in section
238		-	44-3-410 (1)(b) includes a transfer of ownership of at least two retail liquor
239		-	stores, a change of location of one of the retail liquor stores, and a merger
240		-	and conversion of the retail liquor store licenses into a single liquor-licensed
241		-	drugstore license, all as part of a single transaction, and the liquor-licensed
242		-	drugstore applicant need not apply separately for a transfer of ownership
243		-	under this section. The liquor-licensed drugstore applying for a license
244		-	merger and conversion pursuant to section 44-3-410 (1)(b) is ineligible for
245		-	a temporary permit pursuant to this section. The local licensing authority
246		-	shall consider the reasonable requirements of the neighborhood pursuant to
247		-	section 44-3-312 when making a determination on the merger and
248		-	conversion of the retail liquor store licenses into a single liquor-licensed
249		-	drugstore license. The local licensing authority may hold a hearing on the
250		-	application for the license merger and conversion after providing notice in
251		-	accordance with subsection (1)(c)(III) of this section.
252		-	(2) Notwithstanding any provision of this article 3 to the contrary,
253		-	a local licensing authority may issue a temporary permit to a transferee of
254		-	PAGE 7-SENATE BILL 25-033 any retail class of alcohol beverage license issued by the local licensing
255		-	authority pursuant to this article 3 or article 4 of this title 44. except that a
256		-	local licensing authority shall not issue a temporary permit to a
257		-	liquor-licensed drugstore that has acquired ownership of licensed retail
258		-	liquor stores in accordance with section 44-3-410 (1)(b). A temporary
259		-	permit authorizes a transferee to continue selling alcohol beverages as
260		-	permitted under the permanent license during the period in which an
261		-	application to transfer the ownership of the license is pending.
262		-	SECTION 4. In Colorado Revised Statutes, 44-3-312, amend (2)(a)
263		-	as follows:
264		-	44-3-312. Results of investigation - decision of authorities.
265		-	(2) (a) Before entering any
266		-	A decision approving or denying the AN
267		-	application, the A local licensing authority shall consider, except where this
268		-	article 3 specifically provides otherwise, the facts and evidence adduced as
269		-	a result of its investigation, as well as any other facts; the reasonable
270		-	requirements of the neighborhood for the type of license for which
271		-	application has been made; the desires of the adult inhabitants; the number,
272		-	type, and availability of alcohol beverage outlets located in or near the
273		-	neighborhood under consideration; and any other pertinent matters affecting
274		-	the qualifications of the applicant for the conduct of the type of business
275		-	proposed; except that the reasonable requirements of the neighborhood shall
276		-	not be considered in the issuance of a club liquor license. For the merger
277		-	and conversion of retail liquor store licenses to a single liquor-licensed
278		-	drugstore license in accordance with section 44-3-410 (1)(b), the local
279		-	licensing authority shall consider the reasonable requirements of the
280		-	neighborhood and the desires of the adult inhabitants of the neighborhood.
281		-	SECTION 5. In Colorado Revised Statutes, 44-3-409, repeal (5)
282		-	as follows:
283		-	44-3-409. Retail liquor store license - rules - definitions. (5) A
284		-	liquor-licensed drugstore may apply to the state and local licensing
285		-	authorities, as part of a single application, for a merger and conversion of
286		-	retail liquor store licenses to a single liquor-licensed drugstore license as
287		-	provided in section 44-3-410 (1)(b).
288		-	SECTION 6. In Colorado Revised Statutes, 44-3-501, repeal
289		-	(3)(a)(XVI) as follows:
290		-	PAGE 8-SENATE BILL 25-033 44-3-501. State fees - rules. (3) (a) The state licensing authority
291		-	shall establish fees for processing the following types of applications,
292		-	notices, or reports required to be submitted to the state licensing authority:
293		-	(XVI) Applications for transfer of ownership, change of location,
294		-	and license merger and conversion pursuant to section 44-3-410 (1)(b);
295		-	SECTION 7. In Colorado Revised Statutes, 44-3-505, repeal
296		-	(4)(a)(V) as follows:
297		-	44-3-505. Local license fees. (4) (a) Each application for a license
298		-	provided for in this article 3 and article 4 of this title 44 filed with a local
299		-	licensing authority must be accompanied by an application fee in an amount
300		-	determined by the local licensing authority to cover actual and necessary
301		-	expenses, subject to the following limitations:
302		-	(V) For a transfer of ownership, change of location, and license
303		-	merger and conversion pursuant to section 44-3-410 (1)(b), not to exceed
304		-	one thousand dollars.
305		-	SECTION 8. Safety clause. The general assembly finds,
306		-	determines, and declares that this act is necessary for the immediate
307		-	preservation of the public peace, health, or safety or for appropriations for
308		-	PAGE 9-SENATE BILL 25-033 the support and maintenance of the departments of the state and state
309		-	institutions.
310		-	____________________________ ____________________________
311		-	James Rashad Coleman, Sr.
312		-	Julie McCluskie
313		-	PRESIDENT OF SPEAKER OF THE HOUSE
314		-	THE SENATE OF REPRESENTATIVES
315		-	____________________________ ____________________________
316		-	Esther van Mourik Vanessa Reilly
317		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
318		-	THE SENATE OF REPRESENTATIVES
319		-	APPROVED________________________________________
320		-	(Date and Time)
321		-	_________________________________________
322		-	Jared S. Polis
323		-	GOVERNOR OF THE STATE OF COLORADO
324		-	PAGE 10-SENATE BILL 25-033
	250	+	OTWITHSTANDING SUBSECTION (8)(b)(I) OF THIS SECTION, A22
	251	+	LIQUOR-LICENSED DRUGSTORE LICENSEE THAT HOLDS A LIQUOR -LICENSED23
	252	+	DRUGSTORE LICENSE THAT WAS ISSUED TO AN INDEPENDENT PHARMACY24
	253	+	BEFORE JANUARY 1, 2025, MAY CHANGE THE LOCATION OF OR SELL OR
	254	+	25
	255	+	TRANSFER THE LICENSE TO ANOTHER INDEPENDENT PHARMACY THAT26
	256	+	HOLDS A LIQUOR-LICENSED DRUGSTORE LICENSE OR TO A PERSON THAT27
	257	+	033
	258	+	-8- DOES NOT ALREADY HOLD OR HAVE AN INTEREST IN A LIQUOR -LICENSED1
	259	+	DRUGSTORE LICENSE.2
	260	+	SECTION 3. In Colorado Revised Statutes, 44-3-303, amend3
	261	+	(1)(c)(I) and (2); and repeal (1)(c)(II) as follows:4
	262	+	44-3-303. Transfer of ownership and temporary permits.5
	263	+	(1) (c) (I) Except as provided in subsection (1)(c)(II) of this section, for6
	264	+	any other FOR ANY transfer of ownership, application must be made to the7
	265	+	state and local licensing authorities on forms prepared and furnished by8
	266	+	the state licensing authority. In determining whether to permit a transfer9
	267	+	of ownership, the licensing authorities shall consider only the10
	268	+	requirements of section 44-3-307 and 1 CCR 203-2, rule 47-302, entitled11
	269	+	"Changing, Altering, or Modifying Licensed Premises", or any analogous12
	270	+	successor rule. The local licensing authority may conduct a hearing on the13
	271	+	application for transfer of ownership after providing notice in accordance14
	272	+	with subsection (1)(c)(III) of this section. Any A transfer of ownership15
	273	+	hearing by the state licensing authority must SHALL be held in accordance16
	274	+	with section 44-3-305 (2).17
	275	+	(II) A license merger and conversion as provided for in section18
	276	+	44-3-410 (1)(b) includes a transfer of ownership of at least two retail19
	277	+	liquor stores, a change of location of one of the retail liquor stores, and20
	278	+	a merger and conversion of the retail liquor store licenses into a single21
	279	+	liquor-licensed drugstore license, all as part of a single transaction, and22
	280	+	the liquor-licensed drugstore applicant need not apply separately for a23
	281	+	transfer of ownership under this section. The liquor-licensed drugstore24
	282	+	applying for a license merger and conversion pursuant to section25
	283	+	44-3-410 (1)(b) is ineligible for a temporary permit pursuant to this26
	284	+	section. The local licensing authority shall consider the reasonable27
	285	+	033
	286	+	-9- requirements of the neighborhood pursuant to section 44-3-312 when1
	287	+	making a determination on the merger and conversion of the retail liquor2
	288	+	store licenses into a single liquor-licensed drugstore license. The local3
	289	+	licensing authority may hold a hearing on the application for the license4
	290	+	merger and conversion after providing notice in accordance with5
	291	+	subsection (1)(c)(III) of this section.6
	292	+	(2) Notwithstanding any provision of this article 3 to the contrary,7
	293	+	a local licensing authority may issue a temporary permit to a transferee of8
	294	+	any retail class of alcohol beverage license issued by the local licensing9
	295	+	authority pursuant to this article 3 or article 4 of this title 44. except that10
	296	+	a local licensing authority shall not issue a temporary permit to a11
	297	+	liquor-licensed drugstore that has acquired ownership of licensed retail12
	298	+	liquor stores in accordance with section 44-3-410 (1)(b). A temporary13
	299	+	permit authorizes a transferee to continue selling alcohol beverages as14
	300	+	permitted under the permanent license during the period in which an15
	301	+	application to transfer the ownership of the license is pending.16
	302	+	SECTION 4. In Colorado Revised Statutes, 44-3-312, amend17
	303	+	(2)(a) as follows:18
	304	+	44-3-312. Results of investigation - decision of authorities.19
	305	+	(2) (a) Before entering any A decision approving or denying the AN20
	306	+	application, the A local licensing authority shall consider, except where21
	307	+	this article 3 specifically provides otherwise, the facts and evidence22
	308	+	adduced as a result of its investigation, as well as any other facts; the23
	309	+	reasonable requirements of the neighborhood for the type of license for24
	310	+	which application has been made; the desires of the adult inhabitants; the25
	311	+	number, type, and availability of alcohol beverage outlets located in or26
	312	+	near the neighborhood under consideration; and any other pertinent27
	313	+	033
	314	+	-10- matters affecting the qualifications of the applicant for the conduct of the1
	315	+	type of business proposed; except that the reasonable requirements of the2
	316	+	neighborhood shall not be considered in the issuance of a club liquor3
	317	+	license. For the merger and conversion of retail liquor store licenses to a4
	318	+	single liquor-licensed drugstore license in accordance with section5
	319	+	44-3-410 (1)(b), the local licensing authority shall consider the reasonable6
	320	+	requirements of the neighborhood and the desires of the adult inhabitants7
	321	+	of the neighborhood.8
	322	+	SECTION 5. In Colorado Revised Statutes, 44-3-409, repeal (5)9
	323	+	as follows:10
	324	+	44-3-409. Retail liquor store license - rules - definitions. (5) A11
	325	+	liquor-licensed drugstore may apply to the state and local licensing12
	326	+	authorities, as part of a single application, for a merger and conversion of13
	327	+	retail liquor store licenses to a single liquor-licensed drugstore license as14
	328	+	provided in section 44-3-410 (1)(b).15
	329	+	SECTION 6. In Colorado Revised Statutes, 44-3-501, repeal16
	330	+	(3)(a)(XVI) as follows:17
	331	+	44-3-501. State fees - rules. (3) (a) The state licensing authority18
	332	+	shall establish fees for processing the following types of applications,19
	333	+	notices, or reports required to be submitted to the state licensing20
	334	+	authority:21
	335	+	(XVI) Applications for transfer of ownership, change of location,22
	336	+	and license merger and conversion pursuant to section 44-3-410 (1)(b);23
	337	+	SECTION 7. In Colorado Revised Statutes, 44-3-505, repeal24
	338	+	(4)(a)(V) as follows:25
	339	+	44-3-505. Local license fees. (4) (a) Each application for a26
	340	+	license provided for in this article 3 and article 4 of this title 44 filed with27
	341	+	033
	342	+	-11- a local licensing authority must be accompanied by an application fee in1
	343	+	an amount determined by the local licensing authority to cover actual and2
	344	+	necessary expenses, subject to the following limitations:3
	345	+	(V) For a transfer of ownership, change of location, and license4
	346	+	merger and conversion pursuant to section 44-3-410 (1)(b), not to exceed5
	347	+	one thousand dollars.6
	348	+	SECTION 8. Safety clause. The general assembly finds,7
	349	+	determines, and declares that this act is necessary for the immediate8
	350	+	preservation of the public peace, health, or safety or for appropriations for9
	351	+	the support and maintenance of the departments of the state and state10
	352	+	institutions.11
	353	+	033
	354	+	-12-