Alcohol Beverage Retail Takeout And Delivery

The act authorizes a business (retailer) with one of the following types of alcohol beverage licenses to sell and deliver alcohol beverages to customers, including by the drink, for off-premises consumption and to allow customers to take alcohol beverages off the licensed premises:

• A manufacturer or wholesaler license, if the retailer operates a sales room;
• A beer and wine license;
• A hotel and restaurant license;
• A tavern license;
• A brew pub license;
• A club license;
• A vintner's restaurant license;
• A distillery pub license;
• A lodging and entertainment license; or
• A fermented malt beverage on- and off-premises retailer's license or on-premises retailer's license.

To engage in the sale and delivery of alcohol beverages for off-premises consumption, a retailer must:

• Sell or deliver the alcohol beverages in a sealed container that complies with state licensing authority rules;
• Sell or deliver alcohol beverages only to a customer who is 21 years of age or older;
• If the governor has not declared a disaster emergency, or the retailer is not a wholesaler or manufacturer that operates a sales room, a brew pub, a vintner's restaurant, or a distillery pub, sell or deliver no more than 750 milliliters of vinous liquors and spirituous liquors and no more than 72 fluid ounces of malt liquors, fermented malt beverages, and hard cider;
• If the governor has not declared a disaster emergency, or the retailer is not a wholesaler or manufacturer that operates a sales room, derive no more than 50% of its gross annual revenues for sales of food and alcohol beverages from the sale of alcohol beverages through takeout orders and deliveries;
• If the governor has not declared a disaster emergency, obtain a state and, if applicable, local permit to sell takeout or deliver alcohol beverages; and
• Permit delivery only by an employee of the licensee who is 21 years of age or older and who has satisfactorily completed seller and server training under the responsible vendor program.

The act directs the state licensing authority to adopt rules:

• Specifying the types of containers to be used for delivery of alcohol beverages;
• Creating a state permit for retailers to engage in takeout and delivery of alcohol beverages;
• Setting fees for takeout and delivery state permits; and
• Concerning any other matters necessary to implement the bill act.

If a business demonstrates the ability to comply with the requirements of the act, the state licensing authority is required to issue a takeout and delivery permit to the retailer. The act authorizes local licensing authorities to create a local takeout and delivery permit and establish fees to process and approve applications. If a local licensing authority creates a local takeout and delivery permit, a retailer wishing to engage in takeout and delivery of alcohol beverages, other than a manufacturer or wholesaler that operates a sales room, must obtain the local takeout and delivery permit in addition to the state permit and must apply simultaneously to the state and local licensing authorities.

The act does not apply to any other person licensed or permitted under the "Colorado Liquor Code" or the "Colorado Beer Code" or to a caterer that is licensed to sell alcohol beverages. The act repeals on July 1, 2021.

(Note: This summary applies to this bill as enacted.)