reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GENERAL PROVISIONS (§§ 44-1-101 — 44-1-105) › Article 1 - COMMON PROVISIONS (§§ 44-1-101 — 44-1-105) › Section 44-1-101 - Short title

The short title of this title 44 is the "Department of Revenue Activities Regulation Act".
Added by 2018 Ch. 152,§ 1, eff. 10/1/2018.
Added by 2018 Ch. 31,§ 1, eff. 10/1/2018.
Added by 2018 Ch. 55,§ 1, eff. 10/1/2018.
Added by 2018 Ch. 34,§ 1, eff. 10/1/2018.
Added by 2018 Ch. 26,§ 1, eff. 10/1/2018.
Added by 2018 Ch. 24,§ 1, eff. 10/1/2018.
Added by 2018 Ch. 15,§ 1, eff. 10/1/2018.
Added by 2018 Ch. 14,§ 1, eff. 10/1/2018.
Added by 2018 Ch. 7,§ 1, eff. 10/1/2018.
L. 2018: Entire title added, effective October 1. (For the 9 bills that added this title 44 and their locations in the 2018 Session Laws, see the editor's note following the title 44 heading.)
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GENERAL PROVISIONS (§§ 44-1-101 — 44-1-105) › Article 1 - COMMON PROVISIONS (§§ 44-1-101 — 44-1-105) › Section 44-1-102 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
Before the enactment of this title 44, laws administered by the department of revenue that regulate a variety of activities were codified in two titles of the Colorado Revised Statutes, most prominently in title 12, which governs professions and occupations;
(b)
Most professions and occupations are regulated by the department of regulatory agencies pursuant to title 12, but prior to the 2017 legislative session, title 12 contained numerous laws that did not pertain to the regulation of professions and occupations and were not administered by the department of regulatory agencies;
(c)
With the enactment of section
2-3-510
in 2016, the general assembly directed the office of legislative legal services to study an organizational recodification of title 12 of the Colorado Revised Statutes, including relocating laws that do not pertain to professions and occupations and are not administered by the department of regulatory agencies;
(d)
Based on recommendations from the title 12 recodification study, the general assembly enacted several bills in the 2017 legislative session to relocate out of title 12 many laws that are administered by entities other than the department of regulatory agencies;
(e)
The study also recommended creating a new title 44 for purposes of consolidating laws administered by the department of revenue that regulate activities into a single title in order to facilitate both:
(I)
The public's and regulated entities' understanding of the laws that apply to them; and
(II)
The department of revenue's administration of these laws; and
(f)
Creating a new title 44 consisting of laws administered by the department of revenue that regulate various activities is necessary to implement the recommendations of the title 12 recodification study and facilitate the reorganization of title 12 pertaining to the regulation of professions and occupations.
Amended by 2018 Ch. 152,§ 1, eff. 10/1/2018.
Added by 2018 Ch. 31,§ 1, eff. 10/1/2018.
Added by 2018 Ch. 55,§ 1, eff. 10/1/2018.
Added by 2018 Ch. 34,§ 1, eff. 10/1/2018.
Added by 2018 Ch. 26,§ 1, eff. 10/1/2018.
Added by 2018 Ch. 24,§ 1, eff. 10/1/2018.
Added by 2018 Ch. 15,§ 1, eff. 10/1/2018.
Added by 2018 Ch. 14,§ 1, eff. 10/1/2018.
Added by 2018 Ch. 7,§ 1, eff. 10/1/2018.
L. 2018: Entire title added, effective October 1. (For the 9 bills that added this title 44 and their locations in the 2018 Session Laws, see the editor's note following the title 44 heading.)
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GENERAL PROVISIONS (§§ 44-1-101 — 44-1-105) › Article 1 - COMMON PROVISIONS (§§ 44-1-101 — 44-1-105) › Section 44-1-103 - Definitions

As used in this title 44, unless the context otherwise requires:
(1)
"Department" means the department of revenue created in section
24-1-117
.
(1.5)
(a)
"Driver's history" means a driver's history record made and maintained in accordance with section
42-2-121(2)
.
(b)
"Driver's history" does not include a misdemeanor or felony conviction, notwithstanding that the conviction is included within the driver's history record made and maintained in accordance with section
42-2-121(2)
.
(2)
"Executive director" means the executive director of the department.
Amended by 2021 Ch. 59,§4, eff. 9/7/2021.
Amended by 2018 Ch. 152,§1, eff. 10/1/2018.
Added by 2018 Ch. 31,§1, eff. 10/1/2018.
Added by 2018 Ch. 55,§1, eff. 10/1/2018.
Added by 2018 Ch. 34,§1, eff. 10/1/2018.
Added by 2018 Ch. 26,§1, eff. 10/1/2018.
Added by 2018 Ch. 24,§1, eff. 10/1/2018.
Added by 2018 Ch. 15,§1, eff. 10/1/2018.
Added by 2018 Ch. 14,§1, eff. 10/1/2018.
Added by 2018 Ch. 7,§1, eff. 10/1/2018.
L. 2018: Entire title added, effective October 1. (For the 9 bills that added this title 44 and their locations in the 2018 Session Laws, see the editor's note following the title 44 heading.) L. 2021: (1.5) added, (SB 21-040), ch. 240, p. 240, §4, effective September 7.
2021 Ch. 59, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GENERAL PROVISIONS (§§ 44-1-101 — 44-1-105) › Article 1 - COMMON PROVISIONS (§§ 44-1-101 — 44-1-105) › Section 44-1-104 - Use of driver's history for professional licensing, permit, or registration decisions

(1)
When a person applies for a license, permit, or registration under this title 44, the department shall not consider an event in the applicant's driver's history when determining whether to issue to the applicant a new, renewal, or reinstated license, permit, or registration unless:
(a)
The event is relevant to the performance of the profession or occupation that is the subject of the application; and
(b)
(I)
The operation of a motor vehicle is a duty of the profession or occupation that is the subject of the application;
(II)
The event is a part of a pattern of behavior that is relevant to the performance of the profession or occupation that is the subject of the application; or
(III)
The event occurred within three years before the date that the applicant submitted the application to the department.
(2)
(a)
Unless subsection (2)(b) of this section applies, the department shall not consider an event within the driver's history of a license holder, permit holder, or registrant when determining:
(I)
Whether to impose discipline;
(II)
The type of discipline to impose; or
(III)
The severity of discipline to impose.
(b)
The department may consider an event within a driver's history if:
(I)
The event is relevant to the performance of the profession or occupation for which the license holder, permit holder, or registrant is licensed, permitted, or registered; and
(II)
(A)
The operation of a motor vehicle is a duty of the profession or occupation for which the license holder, permit holder, or registrant is licensed, permitted, or registered;
(B)
The event is a part of a pattern of behavior that is relevant to the performance of the profession or occupation for which the license holder, permit holder, or registrant is licensed, permitted, or registered; or
(C)
The event occurred within three years before the act upon which the discipline is based.
Added by 2021 Ch. 59,§5, eff. 9/7/2021.
L. 2021: Entire section added, (SB 21-040), ch. 241, p. 241, §5, effective September 7.
2021 Ch. 59, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GENERAL PROVISIONS (§§ 44-1-101 — 44-1-105) › Article 1 - COMMON PROVISIONS (§§ 44-1-101 — 44-1-105) › Section 44-1-105 - Regulation of kratom - prohibited acts - definition - rules

(1)
As used in this section, unless the context otherwise requires, "kratom product" means any product or ingredient containing:
(a)
Any part of the leaf of the mitragyna speciosa plant if the plant contains the alkaloid mitragynine or 7-hydroxymitragynine; or
(b)
A synthetic material that contains the alkaloid mitragynine or 7-hydroxymitragynine.
(2)
Repealed.
(3)
Effective July 1, 2024, a person shall not:
(a)
Knowingly prepare, distribute, advertise, sell, or offer to sell a kratom product that is adulterated with fentanyl or any other controlled substance listed in part 2 of article
18
of title
18
;
(b)
Sell a kratom product that does not have a label that clearly sets forth:
(I)
The identity and address of the manufacturer; and
(II)
The full list of ingredients in the kratom product;
(c)
Knowingly prepare, distribute, advertise, sell, or offer to sell a kratom product to a person under twenty-one years of age; or
(d)
Display or store kratom products in a retail location in a manner that will allow the products to be accessed by individuals under twenty-one years of age.
(4)
The executive director may promulgate rules that are necessary for the enforcement of subsection (3) of this section.
Added by 2022 Ch. 251, § 2, eff. 8/10/2022.
2022 Ch. 251, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 3 - ALCOHOL BEVERAGES (§§ 44-3-101 — 44-3-1002) › Part 1 - GENERAL PROVISIONS (§§ 44-3-101 — 44-3-108) › Section 44-3-101 - Short title

The short title of this article 3 is the "Colorado Liquor Code".
Renumbered from C.R.S. § 12-47-101 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 950, § 2, effective October 1.
This section is similar to former § 12-47-101 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 3 - ALCOHOL BEVERAGES (§§ 44-3-101 — 44-3-1002) › Part 1 - GENERAL PROVISIONS (§§ 44-3-101 — 44-3-108) › Section 44-3-102 - Legislative declaration

(1)
The general assembly hereby declares that this article 3 shall be deemed an exercise of the police powers of the state for the protection of the economic and social welfare and the health, peace, and morals of the people of this state and that no provisions of this article 3 shall ever be construed so as to authorize the establishment or maintenance of any saloon.
(2)
The general assembly further declares that it is lawful to manufacture and sell for beverages or medicinal purposes alcohol beverages, subject to the terms, conditions, limitations, and restrictions in this article 3.
Renumbered from C.R.S. § 12-47-102 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 951, § 2, effective October 1.
This section is similar to former § 12-47-102 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 3 - ALCOHOL BEVERAGES (§§ 44-3-101 — 44-3-1002) › Part 1 - GENERAL PROVISIONS (§§ 44-3-101 — 44-3-108) › Section 44-3-104 - Wine shipments - permits

(1)
(a)
The holder of a winery direct shipper's permit may sell and deliver wine that is produced or bottled by the permittee to a personal consumer located in Colorado.
(b)
The holder of a winery direct shipper's permit may not sell or ship wine to a minor, as defined in section
2-4-401(6)
.
(2)
A winery direct shipper's permit may be issued to only a person who applies for such permit to the state licensing authority and who:
(a)
Operates a winery located in the United States and holds all state and federal licenses, permits, or both, necessary to operate the winery, including the federal winemaker's and blender's basic permit;
(b)
Expressly submits to personal jurisdiction in Colorado state and federal courts for civil, criminal, and administrative proceedings and expressly submits to venue in the city and county of Denver, Colorado, as proper venue for any proceedings that may be initiated by or against the state licensing authority; and
(c)
Except as provided in sections
44-3-402(1)
and
44-3-407(3)
, does not directly or indirectly have any financial interest in a Colorado wholesaler or retailer licensed pursuant to section
44-3-407
,
44-3-409
, or
44-3-410
.
(3)
(a)
All wine sold or shipped by the holder of a winery direct shipper's permit shall be in a package that is clearly and conspicuously labeled, showing that:
(I)
The package contains wine; and
(II)
The package may be delivered only to a person who is twenty-one years of age or older.
(b)
Wine sold or shipped by a holder of a winery direct shipper's permit may not be delivered to any person other than:
(I)
The person who purchased the wine;
(II)
A recipient designated in advance by such purchaser; or
(III)
A person who is twenty-one years of age or older.
(c)
Wine may be delivered only to a person who is twenty-one years of age or older after the person accepting the package:
(I)
Presents valid proof of identity and age; and
(II)
Personally signs a receipt acknowledging delivery of the package.
(4)
The holder of a winery direct shipper's permit shall maintain records of all sales and deliveries made under the permit in accordance with section
44-3-701
.
(5)
A personal consumer purchasing wine from the holder of a winery direct shipper's permit may not resell the wine.
(6)
The state licensing authority may adopt rules and forms necessary to implement this section.
Renumbered from C.R.S. § 12-47-104 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 958, § 2, effective October 1.
This section is similar to former § 12-47-104 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 3 - ALCOHOL BEVERAGES (§§ 44-3-101 — 44-3-1002) › Part 1 - GENERAL PROVISIONS (§§ 44-3-101 — 44-3-108) › Section 44-3-105 - Local option

The operation of this article 3 shall be statewide unless any municipality or city and county, by a majority of the registered electors of any municipality or city and county, voting at any regular election or special election called for that purpose in accordance with the election laws of this state, decides against the right to sell alcohol beverages or to limit the sale of alcohol beverages to any one or more of the classes of licenses as provided by this article 3 within their respective limits. The local option question shall be submitted only upon a petition signed by not less than fifteen percent of the registered electors in the municipality or city and county; otherwise, the procedure with reference to the calling and holding of the elections shall be substantially in accordance with the election laws of the state. The expenses of the election shall be borne by the municipality or city and county in which the elections are held. The question of prohibition of sale of alcohol beverages or the limitation of sales to any one or more of the classes of licenses provided in this article 3 shall not be submitted to the registered electors more than once in any four-year period.
Renumbered from C.R.S. § 12-47-105 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 959, § 2, effective October 1.
This section is similar to former § 12-47-105 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 3 - ALCOHOL BEVERAGES (§§ 44-3-101 — 44-3-1002) › Part 1 - GENERAL PROVISIONS (§§ 44-3-101 — 44-3-108) › Section 44-3-108 - [Effective 8/7/2024] Substance use disorders - recovery - retail liquor sales - stakeholder group - rules - repeal

(1)
No later than July 1, 2025, in order to assist individuals who are recovering from substance use disorders, the liquor enforcement division shall adopt rules related to the location of alcohol beverage displays.
(2)
The liquor enforcement division shall convene a stakeholder group of the following members to develop the rules required in subsection (1) of this section:
(a)
Four individuals representing recovery providers, of whom two individuals must represent a recovery provider in a rural or frontier area and two individuals must represent a recovery provider in a metro or urban area;
(b)
Two individuals representing a recovery residence, as defined in section 27-80-129 (1)(b);
(c)
Three individuals, each representing a convenience store licensed under this article 3 or article 4 of this title 44 to sell alcohol beverages; and
(d)
Three individuals, each representing a grocery store licensed under this article 3 or article 4 of this title 44 to sell alcohol beverages.
(3)
The liquor enforcement division shall provide notice of stakeholder meetings on its website and hold stakeholder meetings open to the public. The stakeholder group shall meet at least three times.
(4)
This section is repealed, effective September 1, 2026.
Added by 2024 Ch. 405,§ 9, eff. 8/7/2024.
2024 Ch. 405, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 3 - ALCOHOL BEVERAGES (§§ 44-3-101 — 44-3-1002) › Part 2 - STATE LICENSING AUTHORITY - DUTIES (§§ 44-3-201 — 44-3-203) › Section 44-3-201 - State licensing authority - creation

(1)
For the purpose of regulating and controlling the licensing of the manufacture, distribution, and sale of alcohol beverages in this state, there is hereby created the state licensing authority, which shall be the executive director or the deputy director if the executive director so designates.
(2)
The executive director shall be the chief administrative officer of the state licensing authority and may employ, pursuant to section 13 of article XII of the state constitution, clerks and inspectors as may be determined to be necessary.
Amended by 2019 Ch. 390,§ 60, eff. 8/2/2019.
Renumbered from C.R.S. § 12-47-201 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 962, § 2, effective October 1.
This section is similar to former § 12-47-201 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 3 - ALCOHOL BEVERAGES (§§ 44-3-101 — 44-3-1002) › Part 2 - STATE LICENSING AUTHORITY - DUTIES (§§ 44-3-201 — 44-3-203) › Section 44-3-203 - Performance of duties

(1)
The performance of the functions or activities set forth in this article 3 and articles
4
and
5
of this title 44 shall be subject to available appropriations; but nothing in this section shall be construed to remove from the state licensing authority the responsibility for performing such functions or activities in accordance with law at the level of funding provided.
(2)
Notwithstanding the provisions of subsection (1) of this section, the state shall be the final interpretive authority as it relates to this article 3 and articles
4
and
5
of this title 44 and the rules promulgated thereunder, concerning persons licensed pursuant to this article 3 and articles
4
and
5
of this title 44 as wholesalers, manufacturers, importers, and public transportation system licensees.
Renumbered from C.R.S. § 12-47-203 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 965, § 2, effective October 1.
This section is similar to former § 12-47-203 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 3 - ALCOHOL BEVERAGES (§§ 44-3-101 — 44-3-1002) › Part 3 - STATE AND LOCAL LICENSING (§§ 44-3-301 — 44-3-313) › Section 44-3-305 - Denial of application

(1)
The state licensing authority shall refuse a state license if the premises on which the applicant proposes to conduct its business do not meet the requirements of this article 3, or if the character of the applicant or its officers or directors is such that violations of this article 3 or article 4 or 5 of this title 44 would be likely to result if a license were granted, or if in its opinion licenses already granted for the particular locality are adequate for the reasonable needs of the community.
(2)
The state licensing authority shall not refuse a state license after a local license has been granted, except upon hearing after fifteen days' notice to the applicant and to the local licensing authority. The notice shall be in writing and shall state grounds upon which the application may be refused. If the applicant does not respond to the notice within fifteen days after the date of the notice, the application for a license shall be denied. The hearing shall be conducted in accordance with the provisions of section
24-4-105
, and judicial review of the state licensing authority's decision shall be pursuant to section
24-4-106
.
Renumbered from C.R.S. § 12-47-305 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 978, § 2, effective October 1.
This section is similar to former § 12-47-305 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 3 - ALCOHOL BEVERAGES (§§ 44-3-101 — 44-3-1002) › Part 3 - STATE AND LOCAL LICENSING (§§ 44-3-301 — 44-3-313) › Section 44-3-306 - Inactive licenses

The state or local licensing authority, in its discretion, may revoke or elect not to renew a retail license if it determines that the licensed premises has been inactive, without good cause, for at least one year or, in the case of a retail license approved for a facility that has not been constructed, the facility has not been constructed and placed in operation within two years after approval of the license application or construction of the facility has not commenced within one year after the approval.
Renumbered from C.R.S. § 12-47-306 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 978, § 2, effective October 1.
This section is similar to former § 12-47-306 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 3 - ALCOHOL BEVERAGES (§§ 44-3-101 — 44-3-1002) › Part 3 - STATE AND LOCAL LICENSING (§§ 44-3-301 — 44-3-313) › Section 44-3-309 - [Effective Until 8/7/2024] Local licensing authority - applications - optional premises licenses

(1)
A local licensing authority may issue only the following alcohol beverage licenses upon payment of the fee specified in section
44-3-505
:
(a)
Retail liquor store license;
(b)
Liquor-licensed drugstore license;
(c)
Beer and wine license;
(d)
Hotel and restaurant license;
(e)
Tavern license;
(f)
Brew pub license;
(g)
Club license;
(h)
Arts license;
(i)
Racetrack license;
(j)
Optional premises license;
(k)
Retail gaming tavern license;
(l)
Vintner's restaurant license;
(m)
Distillery pub license;
(n)
Lodging and entertainment license.
(2)
An application for any license specified in subsection (1) of this section or section
44-4-107
shall be filed with the appropriate local licensing authority on forms provided by the state licensing authority and containing such information as the state licensing authority may require. Each application shall be verified by the oath or affirmation of such persons as prescribed by the state licensing authority.
(3)
The applicant shall file at the time of application plans and specifications for the interior of the building if the building to be occupied is in existence at the time. If the building is not in existence, the applicant shall file a plot plan and a detailed sketch for the interior and submit an architect's drawing of the building to be constructed. In its discretion, the local licensing authority may impose additional requirements necessary for the approval of the application.
Renumbered from C.R.S. § 12-47-309 and amended by 2018 Ch. 152, § 2, eff. 10/1/2018.
Amended by 2016 Ch. 312, § 4, eff. 8/10/2016.
Amended by 2015 Ch. 121, § 3, eff. 4/24/2015.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 983, § 2, effective October 1.
This section is similar to former § 12-47-309 as it existed prior to 2018.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 3 - ALCOHOL BEVERAGES (§§ 44-3-101 — 44-3-1002) › Part 3 - STATE AND LOCAL LICENSING (§§ 44-3-301 — 44-3-313) › Section 44-3-309 - [Effective 8/7/2024] Local licensing authority - applications - optional premises licenses

(1)
A local licensing authority may issue only the following alcohol beverage licenses upon payment of the fee specified in section
44-3-505
:
(a)
Retail liquor store license;
(b)
Liquor-licensed drugstore license;
(c)
Beer and wine license;
(d)
Hotel and restaurant license;
(e)
Tavern license;
(f)
Brew pub license;
(g)
Club license;
(h)
Arts license;
(i)
Racetrack license;
(j)
Optional premises license;
(k)
Retail gaming tavern license;
(l)
Vintner's restaurant license;
(m)
Distillery pub license;
(n)
Entertainment facility license;
(o)
Lodging facility license.
(2)
An application for any license specified in subsection (1) of this section or section
44-4-107
shall be filed with the appropriate local licensing authority on forms provided by the state licensing authority and containing such information as the state licensing authority may require. Each application shall be verified by the oath or affirmation of such persons as prescribed by the state licensing authority.
(3)
The applicant shall file at the time of application plans and specifications for the interior of the building if the building to be occupied is in existence at the time. If the building is not in existence, the applicant shall file a plot plan and a detailed sketch for the interior and submit an architect's drawing of the building to be constructed. In its discretion, the local licensing authority may impose additional requirements necessary for the approval of the application.
Amended by 2024 Ch. 205,§ 6, eff. 8/7/2024.
Renumbered from C.R.S. § 12-47-309 and amended by 2018 Ch. 152, § 2, eff. 10/1/2018.
Amended by 2016 Ch. 312, § 4, eff. 8/10/2016.
Amended by 2015 Ch. 121, § 3, eff. 4/24/2015.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 983, § 2, effective October 1.
This section is similar to former § 12-47-309 as it existed prior to 2018.
2024 Ch. 205, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 3 - ALCOHOL BEVERAGES (§§ 44-3-101 — 44-3-1002) › Part 4 - CLASSES OF LICENSES AND PERMITS (§§ 44-3-401 — 44-3-432) › Section 44-3-401 - [Effective Until 8/7/2024] Classes of licenses and permits - rules

(1)
For the purpose of regulating the manufacture, sale, and distribution of alcohol beverages, the state licensing authority in its discretion, upon application in the prescribed form made to it, may issue and grant to the applicant a license or permit from any of the following classes, subject to the provisions and restrictions provided by this article 3:
(a)
Manufacturer's license;
(b)
Limited winery license;
(c)
Nonresident manufacturer's license;
(d)
Importer's license;
(e)
Malt liquor importer's license;
(f)
Wholesaler's liquor license;
(g)
Wholesaler's beer license;
(h)
Retail liquor store license;
(i)
Liquor-licensed drugstore license;
(j)
Beer and wine license;
(k)
Hotel and restaurant license;
(l)
Tavern license;
(m)
Brew pub license;
(n)
Club license;
(o)
Arts license;
(p)
Racetrack license;
(q)
Public transportation system license;
(r)
Optional premises license;
(s)
Retail gaming tavern license;
(t)
Vintner's restaurant license;
(u)
Wine packaging permit;
(v)
Distillery pub license;
(w)
Lodging and entertainment license;
(x)
Manager's permit.
(2)
If the federal alcohol and tobacco tax and trade bureau approves the purchase, sale, possession, or manufacturing of powdered alcohol in the United States, the state licensing authority shall adopt rules establishing a mechanism for regulating the manufacture, purchase, sale, possession, and use of powdered alcohol.
Renumbered from C.R.S. § 12-47-401 and amended by 2018 Ch. 152, § 2, eff. 10/1/2018.
Amended by 2016 Ch. 312, § 5, eff. 8/10/2016.
Amended by 2016 Ch. 365, § 11, eff. 7/1/2016.
Amended by 2015 Ch. 121, § 4, eff. 4/24/2015.
Amended by 2015 Ch. 62, § 2, eff. 3/30/2015.
Amended by 2014 Ch. 148, § 2, eff. 5/9/2014.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 988, § 2, effective October 1.
This section is similar to former § 12-47-401 as it existed prior to 2018.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 3 - ALCOHOL BEVERAGES (§§ 44-3-101 — 44-3-1002) › Part 4 - CLASSES OF LICENSES AND PERMITS (§§ 44-3-401 — 44-3-432) › Section 44-3-401 - [Effective 8/7/2024] Classes of licenses and permits - rules

(1)
For the purpose of regulating the manufacture, sale, and distribution of alcohol beverages, the state licensing authority in its discretion, upon application in the prescribed form made to it, may issue and grant to the applicant a license or permit from any of the following classes, subject to the provisions and restrictions provided by this article 3:
(a)
Manufacturer's license;
(b)
Limited winery license;
(c)
Nonresident manufacturer's license;
(d)
Importer's license;
(e)
Malt liquor importer's license;
(f)
Wholesaler's liquor license;
(g)
Wholesaler's beer license;
(h)
Retail liquor store license;
(i)
Liquor-licensed drugstore license;
(j)
Beer and wine license;
(k)
Hotel and restaurant license;
(l)
Tavern license;
(m)
Brew pub license;
(n)
Club license;
(o)
Arts license;
(p)
Racetrack license;
(q)
Public transportation system license;
(r)
Optional premises license;
(s)
Retail gaming tavern license;
(t)
Vintner's restaurant license;
(u)
Wine packaging permit;
(v)
Distillery pub license;
(w)
Entertainment facility license;
(x)
Manager's permit.
(y)
Lodging facility license;
(z)
Catering license.
(2)
If the federal alcohol and tobacco tax and trade bureau approves the purchase, sale, possession, or manufacturing of powdered alcohol in the United States, the state licensing authority shall adopt rules establishing a mechanism for regulating the manufacture, purchase, sale, possession, and use of powdered alcohol.
Amended by 2024 Ch. 205,§ 8, eff. 8/7/2024.
Renumbered from C.R.S. § 12-47-401 and amended by 2018 Ch. 152, § 2, eff. 10/1/2018.
Amended by 2016 Ch. 312, § 5, eff. 8/10/2016.
Amended by 2016 Ch. 365, § 11, eff. 7/1/2016.
Amended by 2015 Ch. 121, § 4, eff. 4/24/2015.
Amended by 2015 Ch. 62, § 2, eff. 3/30/2015.
Amended by 2014 Ch. 148, § 2, eff. 5/9/2014.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 988, § 2, effective October 1.
This section is similar to former § 12-47-401 as it existed prior to 2018.
2024 Ch. 205, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 3 - ALCOHOL BEVERAGES (§§ 44-3-101 — 44-3-1002) › Part 4 - CLASSES OF LICENSES AND PERMITS (§§ 44-3-401 — 44-3-432) › Section 44-3-405 - [Effective Until 8/7/2024] Importer's license

(1)
(a)
An importer's license shall be issued to persons importing vinous or spirituous liquors into this state for the following purposes only:
(I)
To import and sell such liquors to wholesale liquor licensees;
(II)
To solicit orders from retail licensees and fill such orders through wholesale liquor licensees.
(b)
Such license shall not permit the licensee to maintain stocks of alcohol beverages in this state.
(2)
It is unlawful for any licensed importer of vinous or spirituous liquors or any person, partnership, association, organization, or corporation interested financially in or with such a licensed importer to be interested financially, directly or indirectly, in the business of any vinous or spirituous wholesale licensee; except that any such financial interest that occurred on or before July 1, 1969, shall be lawful.
Renumbered from C.R.S. § 12-47-404 and amended by 2018 Ch. 152, § 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 997, § 2, effective October 1.
This section is similar to former § 12-47-404 as it existed prior to 2018.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 3 - ALCOHOL BEVERAGES (§§ 44-3-101 — 44-3-1002) › Part 4 - CLASSES OF LICENSES AND PERMITS (§§ 44-3-401 — 44-3-432) › Section 44-3-405 - [Effective 8/7/2024] Importer's license

(1)
(a)
An importer's license shall be issued to persons importing vinous or spirituous liquors into this state for the following purposes only:
(I)
To import and sell such liquors to wholesale liquor licensees;
(II)
To solicit orders from retail licensees and fill such orders through wholesale liquor licensees.
(b)
Such license shall not permit the licensee to maintain stocks of alcohol beverages in this state.
(2)
[Repealed by 2024 Amendment.]
Amended by 2024 Ch. 205,§ 11, eff. 8/7/2024.
Renumbered from C.R.S. § 12-47-404 and amended by 2018 Ch. 152, § 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 997, § 2, effective October 1.
This section is similar to former § 12-47-404 as it existed prior to 2018.
2024 Ch. 205, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 3 - ALCOHOL BEVERAGES (§§ 44-3-101 — 44-3-1002) › Part 4 - CLASSES OF LICENSES AND PERMITS (§§ 44-3-401 — 44-3-432) › Section 44-3-406 - Nonresident manufacturers and importers of malt liquor

(1)
A nonresident manufacturer's license shall be issued to persons brewing malt liquor outside the state of Colorado for the purposes listed in subsection (3) of this section.
(2)
A malt liquor importer's license shall be issued to persons importing malt liquor into this state for the purposes listed in subsection (3) of this section.
(3)
The licenses referred to in subsections (1) and (2) of this section shall be issued for the following purposes only:
(a)
To import and sell malt liquors within the state of Colorado to persons licensed as wholesalers pursuant to this article 3;
(b)
To maintain stocks of malt liquors and to operate malt liquor warehouses by procuring a malt liquor wholesaler's license for each such operation as provided in this article 3;
(c)
To solicit orders from retail licensees licensed under this article 3 or article
4
of this title 44 and fill the orders through malt liquor wholesalers.
(4)
Any person holding a nonresident manufacturer's license or a malt liquor importer's license shall also be eligible to obtain a vinous and spirituous liquor importer's license pursuant to section
44-3-405
; except that each such license obtained shall be separate and distinct.
(5)
Each manufacturer, nonresident manufacturer, and malt liquor importer shall enter into a written contract with each wholesaler with which the manufacturer, nonresident manufacturer, and malt liquor importer intends to do business that designates the territory within which the product of the manufacturer, nonresident manufacturer, and malt liquor importer is sold by the respective wholesaler. A manufacturer, nonresident manufacturer, and malt liquor importer shall not contract with more than one wholesaler to sell their products within the same territory. The contract shall be submitted to the state licensing authority with any application and the applicant, if licensed, shall have a continuing duty to submit any subsequent revisions, amendments, or superseding contracts to the state licensing authority.
(6)
It is unlawful for a nonresident manufacturer licensed under this article 3, or any person, partnership, association, organization, or corporation interested financially in or with the licensee, to be interested financially, directly or indirectly, in the business of any person licensed to sell at retail pursuant to this article 3 or article
4
of this title 44.
Amended by 2019 Ch. 1,§ 9, eff. 1/31/2019.
Renumbered from C.R.S. § 12-47-405 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 998, § 2, effective October 1.
This section is similar to former § 12-47-405 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 3 - ALCOHOL BEVERAGES (§§ 44-3-101 — 44-3-1002) › Part 4 - CLASSES OF LICENSES AND PERMITS (§§ 44-3-401 — 44-3-432) › Section 44-3-411 - [Effective Until 8/7/2024] Beer and wine license

(1)
A beer and wine license shall be issued to persons selling malt and vinous liquors for consumption on the premises. Beer and wine licensees shall have sandwiches and light snacks available for consumption on the premises during business hours, but need not have meals available for consumption.
(2)
(a)
Every person selling malt and vinous liquors as provided in this section shall purchase malt and vinous liquors only from a wholesaler licensed pursuant to this article 3; except that, during a calendar year, any person selling malt and vinous liquors as provided in this section may purchase not more than two thousand dollars' worth of malt and vinous liquors from retailers licensed pursuant to sections
44-3-409
,
44-3-410
, and
44-4-104 (1)(c)
.
(b)
A beer and wine licensee shall retain evidence of each purchase of malt and vinous liquors from a retailer licensed pursuant to section
44-3-409
,
44-3-410
, or
44-4-104 (1)(c)
, in the form of a purchase receipt showing the name of the licensed retailer, the date of purchase, a description of the malt or vinous liquor purchased, and the price paid for the purchase. The beer and wine licensee shall retain the receipt and shall make it available to the state and local licensing authorities at all times during business hours.
(3)
It is unlawful for any owner, part owner, shareholder, or person interested directly or indirectly in a beer and wine license to conduct, own either in whole or in part, or be directly or indirectly interested in any other business licensed pursuant to this article 3 or article
4
of this title 44; except that the person may have an interest in a license described in section
44-3-401 (1)(j) to (1)(t), (1)(v), or (1)(w)
,
44-3-412 (1)
, or
44-4-104 (1)(c)
or in a financial institution referred to in section
44-3-308 (4)
.
Amended by 2019 Ch. 1, § 12, eff. 1/31/2019.
Renumbered from C.R.S. § 12-47-409 and amended by 2018 Ch. 152, § 2, eff. 10/1/2018.
Amended by 2016 Ch. 312, § 6, eff. 8/10/2016.
Amended by 2015 Ch. 121, § 9, eff. 4/24/2015.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1011, § 2, effective October 1.
This section is similar to former § 12-47-409 as it existed prior to 2018.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 3 - ALCOHOL BEVERAGES (§§ 44-3-101 — 44-3-1002) › Part 4 - CLASSES OF LICENSES AND PERMITS (§§ 44-3-401 — 44-3-432) › Section 44-3-411 - [Effective 8/7/2024] Beer and wine license

(1)
A beer and wine license shall be issued to persons selling malt and vinous liquors for consumption on the premises. Beer and wine licensees shall have sandwiches and light snacks available for consumption on the premises during business hours, but need not have meals available for consumption.
(2)
(a)
Every person selling malt and vinous liquors as provided in this section shall purchase malt and vinous liquors only from a wholesaler licensed pursuant to this article 3; except that, during a calendar year, a person selling malt and vinous liquors as provided in this section may purchase not more than seven thousand dollars' worth of malt and vinous liquors from retailers licensed pursuant to sections
44-3-409
,
44-3-410
, and
44-4-104 (1)(c)
. On January 1, 2025, and each January 1 thereafter, the state licensing authority shall adjust the purchase limitation specified in this subsection (2)(a) for inflation and shall publish the adjusted purchase limitation amount on the liquor enforcement division's website.
(b)
A beer and wine licensee shall retain evidence of each purchase of malt and vinous liquors from a retailer licensed pursuant to section
44-3-409
,
44-3-410
, or
44-4-104 (1)(c)
, in the form of a purchase receipt showing the name of the licensed retailer, the date of purchase, a description of the malt or vinous liquor purchased, and the price paid for the purchase. The beer and wine licensee shall retain the receipt and shall make it available to the state and local licensing authorities at all times during business hours.
(3)
It is unlawful for any owner, part owner, shareholder, or person interested directly or indirectly in a beer and wine license to conduct, own either in whole or in part, or be directly or indirectly interested in any other business licensed pursuant to this article 3 or article
4
of this title 44; except that the person may have an interest in a license described in section
44-3-401 (1)(j) to (1)(t), (1)(v), or (1)(w)
,
44-3-412 (1)
, or
44-4-104 (1)(c)
or in a financial institution referred to in section
44-3-308 (4)
.
Amended by 2024 Ch. 205,§ 15, eff. 8/7/2024.
Amended by 2019 Ch. 1, § 12, eff. 1/31/2019.
Renumbered from C.R.S. § 12-47-409 and amended by 2018 Ch. 152, § 2, eff. 10/1/2018.
Amended by 2016 Ch. 312, § 6, eff. 8/10/2016.
Amended by 2015 Ch. 121, § 9, eff. 4/24/2015.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1011, § 2, effective October 1.
This section is similar to former § 12-47-409 as it existed prior to 2018.
2024 Ch. 205, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 3 - ALCOHOL BEVERAGES (§§ 44-3-101 — 44-3-1002) › Part 4 - CLASSES OF LICENSES AND PERMITS (§§ 44-3-401 — 44-3-432) › Section 44-3-412 - Bed and breakfast permit

(1)
In lieu of a hotel and restaurant license, a person operating a bed and breakfast with not more than twenty sleeping rooms that offers complimentary alcohol beverages for consumption only on the premises and only by overnight guests may be issued a bed and breakfast permit. A bed and breakfast permittee shall not sell alcohol beverages by the drink and shall not serve alcohol beverages for more than four hours in any one day.
(2)
An applicant for a bed and breakfast permit is exempt from any fee otherwise assessable under section
44-3-501(3)
or
44-3-505(4)(a)
, but is subject to all other fees and all other requirements of this article 3.
(3)
A local licensing authority may, at its option, determine that bed and breakfast permits are not available within its jurisdiction.
(4)
A bed and breakfast permit may be suspended or revoked in accordance with section
44-3-601
if the permittee violates any provision of this article 3 or any rule adopted pursuant to this article 3 or fails truthfully to furnish any required information in connection with a permit application.
(5)
It is unlawful for any owner, part owner, shareholder, or person interested directly or indirectly in a bed and breakfast permit to conduct, own either in whole or in part, or be directly or indirectly interested in any other business licensed pursuant to this article 3 or article
4
of this title 44; except that a person regulated under this section may have an interest in other bed and breakfast permits; in a license described in section
44-3-401(1)(j) to (1)(t), (1)(v), or (1)(w)
or
44-4-104(1)(c)
; or in a financial institution referred to in section
44-3-308(4)
.
Renumbered from C.R.S. § 12-47-410 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
Amended by 2016 Ch. 312,§ 7, eff. 8/10/2016.
Amended by 2015 Ch. 121,§ 10, eff. 4/24/2015.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1012, § 2, effective October 1.
This section is similar to former § 12-47-410 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › ALCOHOL AND TOBACCO REGULATION (§§ 44-3-101 — 44-7-107) › Article 3 - ALCOHOL BEVERAGES (§§ 44-3-101 — 44-3-1002) › Part 4 - CLASSES OF LICENSES AND PERMITS (§§ 44-3-401 — 44-3-432) › Section 44-3-415 - Optional premises license

(1)
An optional premises license shall be granted for optional premises approved by the state and local licensing authorities to persons selling alcohol beverages by the drink only to customers for consumption on the optional premises and for storing alcohol beverages in a secure area on or off the optional premises for future use on the optional premises.
(2)
(a)
It is unlawful for any owner, part owner, shareholder, or person interested directly or indirectly in an optional premises license to conduct, own either in whole or in part, or be directly or indirectly interested in any other business licensed pursuant to this article 3 or article
4
of this title 44.
(b)
Notwithstanding subsection (2)(a) of this section, an owner, part owner, shareholder, or person interested directly or indirectly in an optional premises license may own, either in whole or in part, or be directly or indirectly interested in a license described in section
44-3-401(1)(j) to (1)(t), (1)(v), or (1)(w)
,
44-3-412(1)
, or
44-4-104(1)(c)
or in a financial institution referred to in section
44-3-308(4)
.
Renumbered from C.R.S. § 12-47-413 and amended by 2018 Ch. 152,§ 2, eff. 10/1/2018.
Amended by 2016 Ch. 312,§ 10, eff. 8/10/2016.
Amended by 2015 Ch. 121,§ 13, eff. 4/24/2015.
L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1019, § 2, effective October 1.
This section is similar to former § 12-47-413 as it existed prior to 2018.