Liquor code and regulations are complicated but it’s crucially important that you understand how to comply with the rules.
The guides and resources below will help get you started.
Liquor code and regulations are complicated but it’s crucially important that you understand how to comply with the rules.
The guides and resources below will help get you started.
The CRA provides free, limited legal advice through our Legal Resource Center. This compilation of resources includes a network of member attorneys, labor law and compliance posters, educational programs, and other tools and information to help keep your business in compliance. If you need advice outside of what is offered in the Legal Resource Center online, please call (303) 830-2972 or email FirstCall@corestaurant.org to request further help.
HB21-1027, which passed during the 2021 Legislative Session, permits restaurants to sell alcohol for takeout and delivery through July 1, 2025 and allows for the continued use of communal outdoor dining areas on a permanent basis. Here’s what this means for restaurants:
How much alcohol can I sell?
(Please note that the limits below are not currently in effect as of September 2022, as Colorado remains under a declared state of emergency. The limits will go into effect when there are no longer any state of emergency orders relating to the pandemic. Until then, restaurants can sell any amount of alcohol to go as long as operators follow all other rules and regulations.)
HB21-1027 prescribes specific limits on the amount of alcohol a restaurant can sell per transaction. Those limits are:
Practically speaking, this means that a customer can come in and order two entrées, a bottle of wine, and two cocktails to go under this legislation. Or, a customer can come in and order two entréesand two bottles of wine on one transaction, close that transaction, and then order another bottle of wine on a separate transaction and still be in compliance.
For batched cocktails and individual cocktails to go, only the fluid ounces of spirits/liquor count toward the liter cap. Meaning, any mixer, soda, or other non-alcohol fluids that are included in the cocktail do not count toward the limit – which can result in more than 1 liter of total cocktail being sold per transaction so long as there is no more than approximately 33.8 fluid ounces of spirits in the batched cocktail being sold.
How can I sell it?
In order to sell cocktails for takeout and delivery, you must provide an approved container. All containers must comply with the following:
When can I sell it?
Alcohol takeout and delivery services from restaurants may only be performed between the hours of 7:00 a.m. and midnight.
How can I deliver it?
How can I offer takeout and curbside pickup?
You are required to check customer identification when selling alcohol for takeout or curbside pickup, but you do not need to collect and maintain that information as you do with delivery. Curbside pickup is allowed in designated areas outside the licensed premise, not to exceed 150 feet from the licensed premise.
How can I sign up?
The required takeout and delivery alcohol permit is now available and can be accessed following this link. There is an $11 fee for this required permit to sustain the ongoing costs of administering the takeout and delivery program.
How can I take advantage of Communal Outdoor Dining Areas?
HB21-1027 allows two or more eligible licensees or businesses to share an outdoor space that is used for food and alcohol service. All participating licensees must obtain a permit from their local licensing authority and the state Liquor Enforcement Division. Communal Outdoor Dining Areas must be within 1,000 feet from the permanent licensed premises of each of the licenses attached to the dining area using a direct measurement.
Communal Outdoor Dining Areas are not Common Consumption Areas and will have different application and enforcement considerations. Please note that the state is still conducting stakeholder engagement and rulemaking regarding Communal Outdoor Dining Areas, so further guidance and information will be forthcoming.
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