COVID-19 Update: Alcohol To-Go and Delivery Now Allowed March 21,2020
Alcohol To-Go and Delivery Rules Announced
Read our most up-to-date details about Alcohol To-Go and Delivery, updated July 16, 2020, here.
UPDATED: Governor Polis signed Senate Bill 213, which extends alcohol to-go and delivery through July 1, 2021. Until the state of emergency ends, the only thing that changes is that alcohol to-go no longer has to be sold with food.
On April 2, the Colorado Liquor Enforcement Division released new guidance for on-premises licensees selling alcohol to go. Operationally, there are only a few changes for restaurants and bars selling alcohol to go.
In addition to these new requirements, all of the previous guidance remains:
- Mixed drinks can be sold to go and can be sold in a cup or other container closed securely with a lid taped securely to the cup or other container.
- A plastic lid complies with this regulation as long as any holes in the lid are sealed securely with tape, no straw is inserted through the lid, and the contents of the cup are not partially removed.
- If you are selling alcohol to go, in a plastic cup with a lid, it must be accompanied with a warning statement (example here) with a minimum fourteen (14) font size, stating as follows: “WARNING: DO NOT OPEN OR REMOVE SEAL WHILE IN TRANSIT. Purchasers are subject to state and local laws prohibiting drinking or possessing open containers of alcoholic beverages in motor vehicles, including section 42-4-1305, C.R.S.”
- Out of an abundance of caution, the CRA is recommending that you include the warning statement with ALL sales of alcohol to go.
- Find labels for printing here.
See the Colorado Liquor Enforcement Division Notice Guidance Regarding LED Response to COVID-19 here.See Emergency Regulation 47-1101 - Delivery and Take Out Sales Authorized Under Executive Order(s) here. If you have specific questions about your businesses practice and what you are selling, please feel free to reach out to us at firstname.lastname@example.org or 303-830-2972.To-Go Containers for AlcoholWe 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 EllingsonBargreen 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
- Restaurants can sell sealed full bottles of beer, wine, and spirits to go.
- There is no limit as to the amount of alcohol a restaurant can sell.
- Restaurants can sell cocktails to go in sealed containers.
- A cocktail or mixed drink sold in a plastic cup with a plastic lid is ok, as long as there is not a straw in it, and as long as any holes in the lid are sealed securely with tape.
- Growlers and crowlers CANNOT refilled by restaurants or bars for to-go or delivery alcohol. However, new growlers and crowlers that the restaurant has purchased and that have never been used can be used for to-go and delivery alcohol. However, restaurants can sell
alcohol in growlers and crowlers that they have purchased and that have not been used before. The container can be no larger than 64 fluid ounces.
- Liquor sold to go in a plastic bag or baggie is NOT allowed.
- Sales of alcohol to go do not need to be accompanied by the sale of food.
- All other laws and rules around selling alcohol still apply. No sales to someone under 21 years of age. No sales to someone showing signs of visible intoxication.
- 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.
- 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.
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 DenverSysco 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 SupplyTundra 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 FoodsUS 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 HelpingBreakthru BeverageBreakthru 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 CompanyRepublic 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 SpiritsSouthern 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 ProtectedHired/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 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.
- 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.
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 email@example.com.
- Hired/Non-owned auto coverage does not provide any liquor liability protection.
- Restaurants utilizing carry out/delivery of alcohol should purchase liquor liability coverage.