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COVID-19 Update: Alcohol To-Go and Delivery Now Allowed March 21,2020

Alcohol To-Go and Delivery Rules Announced

Today, Governor Polis signed an executive order that allows liquor licensees licensed for on premises consumption to sell alcohol for carry out, and delivery. This order is in effect now and will stay in effect until April 18th. You can read the full order here. Here is what you need to know:

  • Operators must have one of the following licenses: Beer and Wine, Brew Pubs, Club Licenses, Distillery Pubs, Hotel & Restaurant, Lodging and Entertainment, Tavern, or Vintners Restaurant
  • The order applies to all types of beer, wine, and spirits (cocktails and mixed drinks included).
  • Beverages must be in a sealed container – according to LED, sealed containers include plastic cups with plastic lids, even if there is a straw hole, as long as there isn’t a straw in it. Restaurants can also refill growlers.
  • Sale of food must be on the same receipt or transaction.
  • As always, sales to someone under 21 or someone who is visibly intoxicated are prohibited.
  • For delivery orders, individuals placing the order must be  21 years of age or over, and must provide their name, date of birth, and delivery address. This information must be verified upon delivery.
  • Establishments licensed as a distillery pub or a brewery may only sell what’s made on site. (We believe this was supposed to say “distillery” and are seeking a change.)
  • Deliveries may only be made to the address provided at the time of the order. 
  • Persons making the delivery must be 21 years old or older and an employee of the licensee.  (We are working with LED and the Governor’s office to allow third parties to deliver as most restaurants aren’t set up for delivery.)
  • Licensee must retain all records regarding the delivery of alcohol beverages. 
We have already been in contact with the Colorado Department of Revenue and they have informed us that they are interpreting this order very broadly, but asking licensees to be reasonable. If you have questions, please contact us at info@corestaurant.org.

To-Go Containers for Alcohol

We will continue to update you as we know of more sources for containers that will qualify.  For now, we are including information that we’ve received from some of our partners.

Bargreen Ellingson
Bargreen Ellingson is here to help!  We’re here to help create a solution for to-go liquor options (a sentence I never thought I’d ever write) and any of your supply & equipment needs. We’re a third-generation family business for a reason – and that reason is that in the restaurant community’s time of need, we’ve always been there for them. For you.
 
Call us. We’ll find you a solution to whatever problem you’re facing, up to and including what containers you’re going to pour a ‘61 Latour in (hint: we hope it’s not a deli-container, but desperate times call for desperate measures).
 
We love you, Colorado, and we’re here for you.  If you can’t reach our office (303-296-1684) and you don’t want to visit our website (www.bargreen.com) you can call our manager, Adam Deutschmann, at 720-264-2396. 

Shamrock Foods
While the coronavirus (COVID-19) situation continues to evolve each day, we want to express our commitment to your business. Shamrock Foods is your source for all of your food and beverage takeout needs -- including for to-go alcohol and takeout supplies. We’re in this together. 


Sysco Denver
Sysco has an extensive inventory of containers that would be applicable to carry-out beverages.  Many of our customers have ordered deli containers to meet the demands of their customers that are already ordering drinks to go.  Customers can contact their Sysco Marketing Associate to get further information about the product(s) that would be right for their business.

Tundra Restaurant Supply
Tundra is proud to be a part of the hospitality community in Colorado. We are dedicated to helping our clients navigate these uncertain times. Please let us know how we can help with your specific situation. Let’s talk.

US Foods
US Foods Denver’s promise to the restaurant community is We Help You Make It. In this unprecedented time, that promise is more important than ever. To support restaurants, we offer an extensive list of disposables products and solutions for selling alcohol to go. We also provide our customers with a broad and innovative food offering and a comprehensive suite of e-commerce, technology and business solutions. Please reach out to your US Foods sales representative or visit www.usfoods.com for more information.

Alcohol Distributors and How They Are Helping

Breakthru Beverage
Breakthru Beverage is open. All sales associates are working and will contact their customers. Our order desk will be open regular hours for those licensees who use that venue to place orders.  We are here and available to help you through this challenging time.

Republic National Distributing Company
Republic National Distributing Company (RNDC) always has and will continue to be a strong supporter of the On Premise business in Colorado. We are going to continue to provide superior service to each and every account during this challenging time. RNDC supports Governor Polis’ decision to allow beverage alcohol to be part of the carry out business where legal and allowable.  Please contact your current liquor rep to order.

Southern Glazer's Wine and Spirits
Southern Glazer's Wine and Spirits is prepared to offer a catalogue specifically designed to help during this time. Our selections will include discounts, size and brand options that will satisfy creative drink possibilities, and packaging for your to-go service. 

Insurance Considerations to Stay Protected

Hired/Non-owned Auto Liability (H/NO) 
Any business who rents vehicles for business use (hired) or allows employees to drive their personal vehicles for business use (non-owned) must consider liability coverage for bodily injury or property damage the business could be held liable.  If the employee is on the road for the benefit of the business, a driver’s personal automobile policy will exclude claims arising from commercial use of that vehicle -- and the injured party will likely look to the employer’s business policy for coverage. A business can properly protect themselves for this liability through hired/non-owned auto liability coverage attached to their general liability policy.   

Some important points to consider if you are delivering:
  • Please check with your current agent to confirm your policy has hired/non-owned auto liability coverage for delivery.
  • If you previously have not had delivery exposure as part of your restaurant operations, this should be disclosed to your insurance company – if you don’t, this is a big risk!
  • If you are utilizing third-party delivery services (i.e. DoorDash, Uber Eats, GrubHub), it’s likely their contract gives the liability exposure to the restaurant. 
  • Note that short-term H/NO auto policies (3 or 6 months) have become available in the marketplace. 
Please note: In light of the regulations allowing for delivery of alcohol, your employee must verify the age of the recipient of the delivered alcohol.  To adequately protect yourself, third-party delivery services would NOT be a viable option for the delivery of alcoholic beverages to consumers – and we don’t believe it is allowed.
  • Hired/Non-owned auto coverage does not provide any liquor liability protection.
  • Restaurants utilizing carry out/delivery of alcohol should purchase liquor liability coverage.
Crest Restaurant Insurance is our Endorsed Provider for Business Insurance for restaurants. Sean Pechan, President, is available to answer your insurance questions. Reach out at spechan@crestins.com.


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