Basis and Purpose. The statutory
authority for this regulation includes, but is not limited to, subsections
44-3-202(1)(b),
44-3-202(2)(a)(I)(A),
44-3-202(2)(a)(I)(R),
44-4-107(1),
44-3-901(6)(k),
and 44-3-911(6)(a)(I),
C.R.S. The purpose of this regulation is to differentiate fermented malt
beverage on-premises retailers, fermented malt beverage and wine retailers, and
fermented malt beverage on- and off-premises retailers and clarify what
activities are permitted under each license type.
A. Fermented Malt Beverage retailers licensed
for on-premise consumption under 44-4-107(1)(b), C.R.S. shall not sell or
permit the removal from the licensed premises of any fermented malt beverages
in sealed containers unless:
1. A special
event is being conducted pursuant to subsection
44-3-107(2),
C.R.S.; or
2. A licensee is selling
fermented malt beverages in sealed containers for take-out pursuant to
44-3-911(6)(a)(I), C.R.S.
B. Fermented Malt Beverage and Wine Retailers
licensed for off-premises consumption under 44-4-107(1)(a)(1), C.R.S., shall
not allow open containers of fermented malt beverage or wine on their licensed
premises unless:
1. A sampling for the
fermented malt beverage and wine retailer is being provided pursuant to
subsection
44-3-901(6)(k)(II)(B),
C.R.S.;
2. A tasting is being
conducted by the fermented malt beverage and wine retailer pursuant to
44-3-901(6)(k)(IV), C.R.S.; or
3. A
damaged or defective product is present in order to be returned and is stored
outside the sales area of the licensed premises until such time that the
product can be returned to the wholesaler.
C. Fermented Malt Beverages retailers
licensed for both on- and off-premises consumption under 44-7-107(1)(c)(I),
C.R.S., when using the privileges for on-premises consumption shall not allow
removal of fermented malt beverages from its licensed premises, unless:
1. The fermented malt beverage retailer
licensed for both on- and off-premises consumption is providing the fermented
malt beverage for take-out pursuant to section
44-3-911(6)(a)(I),
C.R.S.
Notes
1 CCR 203-2,
Regulation 47-008
46
CR 15, August 10, 2023, effective
6/27/2023
(EMERGENCY)
46
CR 18, September 25, 2023, effective
10/15/2023
