Code of Colorado Regulations
200 - Department of Revenue
203 - Liquor and Tobacco Enforcement Division
1 CCR 203-2 - COLORADO LIQUOR RULES
Regulation 47-008 - Fermented Malt Beverages - Limitations of License

Universal Citation: 200 CO Code Regs 47-008

Current through Register Vol. 47, No. 5, March 10, 2024

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.

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