Current through Register Vol. 47, No. 5, March 10,
2024
A. Delivery Permitted.
A retailer licensed pursuant to section
44-3-409 or
44-3-410, or subsection
44-4-107(1)(a),
C.R.S., may deliver such alcohol beverages authorized by its license to any
location off the licensed premises, pursuant to the following
restrictions:
1. Order.
a. The order for the alcohol beverages which
are to be delivered, must be taken by the licensee or an ordering service
acting as an agent of the licensee pursuant to a written agreement entered into
with the licensee. Licensee shall provide a copy of said agreement to the
Division prior to any orders being accepted by licensee's agent.
b. The order may be taken by written order,
by telephone, in person, or via internet communication with the licensee or its
agent.
c. The person placing the
order must provide the licensee with their name, date of birth, and delivery
address. Under no circumstances shall a person under twenty-one (21) years of
age be permitted to place an order for alcohol beverages.
2. Delivery.
a. Delivery of alcohol beverages shall only
be made to a person twenty-one (21) years of age or older at the address
specified in the order.
b. Delivery
must be made by the licensee or the licensee's employee who is at least
twenty-one (21) years of age and is using a vehicle owned or leased by the
licensee to make the delivery.
c.
The licensee or the licensee's employee who delivers the alcohol beverages
shall note and log at the time of delivery the name and identification number
of the person the alcohol beverages are delivered to. Under no circumstances
shall a person under twenty-one (21) years of age be permitted to receive a
delivery of alcohol beverages.
d. A
licensee must derive no more than fifty (50) percent of its gross annual
revenues from total sales of alcohol beverages that the licensee
delivers.
3. Licensees
who deliver alcohol beverages shall maintain as a part of their required
records, pursuant to 44-3-701, C.R.S., all records of delivery including
delivery orders, receipt logs and journals. These records shall be maintained
by the licensee for sixty (60) days. Failure to maintain accurate or complete
records shall be a violation of this regulation.
4. Have a licensed premises with the
following conditions:
a. Open to the public a
minimum of three (3) days a week; and
b. Open to the public a minimum of five (5)
hours each day the business is open; and
c. Have signage viewable from a public
road.
5. Permit required.
a. Effective July 1, 2019, the state
licensing authority will accept complete delivery permit applications from any
applicant of or retailer licensed pursuant to section
44-3-409 or
44-3-410, or subsection
44-4-107(1)(a),
C.R.S.
b. Effective July 1, 2020,
any retailer licensed pursuant to section
44-3-409 or
44-3-410, or subsection
44-4-107(1)(a),
C.R.S., must hold a valid delivery permit issued by the state licensing
authority to deliver alcohol beverages pursuant to the Liquor Code, the Beer
and Wine Code, and this regulation.
c. The applicant must affirm on its delivery
permit application that the applicant derives or will derive no more than fifty
(50) percent of its gross annual revenues from total sales of alcohol beverages
that the applicant delivers. However, nothing within this subsection (A)(5)(c)
shall limit the authority of the state licensing authority to inspect books and
records pursuant to Regulation 47-700, 1 C.C.R. 203-2, to verify this
affirmation or compliance with this statutory requirement.
d. A delivery permittee shall display its
delivery permit at all times in a prominent place on its licensed premises. A
delivery permittee shall not be required to hold or carry a copy of its
delivery permit in the delivery vehicle.
e. A delivery permit shall not be required
for a retailer to deliver alcohol beverages within its customary parking
area.
B.
Suspension or Revocation.
Any delivery made in violation of Title 44, Articles 3 and
Article 4, or in violation of this regulation may be grounds for suspension or
revocation of the licensee's license and/or delivery permit by the state
licensing authority as provided for in section
44-3-601,
C.R.S.
