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),
44-3-424(1)(b)(X) and
(XI),
44-3-901(6)(p),
and 44-4-106(1),
C.R.S. The purpose of this regulation is to define permitted and prohibited
roles for a liquor licensee's employees based upon the employee's age.
A. Nothing within this regulation shall
authorize a licensee to permit a person under the age of eighteen (18) to sell,
dispense, serve, or participate in the sale, dispensing, or service of alcohol
beverages.
B. Except as otherwise
provided by this regulation, a licensee shall not permit a person who is at
least eighteen (18) years of age but less than twenty-one (21) years of age to
sell, dispense, or serve alcohol beverages unless the employee is supervised by
another person who is on the licensed premises and is at least twenty-one (21)
years of age.
C. Tavern and lodging
and entertainment licensees that do not regularly serve meals.
1. Employees or agents of the licensee must
be at least twenty-one (21) years of age to handle and otherwise act with
respect to malt, vinous, and spirituous liquors in the same manner as that
person does with other items sold at retail and to sell such alcohol beverages
or check identification of the customers of the retail outlet.
D. Retail liquor store and
liquor-licensed drugstore licensees.
1. Retail
liquor store and liquor-licensed drugstore licensees may permit a person who is
at least eighteen (18) years of age to sell, serve, or participate in the sale
or service of malt, vinous, and spirituous liquor without the need for
supervision contained in subsection (B) of this Regulation.
2. Retail liquor store and liquor-licensed
drugstore licensees shall not permit a person who is less than twenty-one (21)
years of age to deliver malt, vinous, and spirituous liquor pursuant to
Regulation 47-426, 1 C.C.R. 203-2.
E. Fermented malt beverage licensees.
1. Fermented Malt Beverage On or On/Off
Retail Licenses: Subsections (A) and (B) of this regulation apply for fermented
malt beverage retailers licensed for on premises and on/off premises
consumption.
2. Fermented Malt
Beverage and Wine Retailer Licensees.
a.
Fermented malt beverage and wine retailer licensees may permit a person under
eighteen (18) years of age who is supervised by a person on the premises
eighteen (18) years of age or older to be employed on the licensed premises and
handle fermented malt beverages or wine in the same respect as other items sold
at retail, except a person under the age of eighteen (18) years of age shall
not:
i. sell or dispense fermented malt
beverages or wine;
ii. check age
identification; or
iii. make
deliveries beyond the customary parking area of the licensed premises
b. Fermented malt beverage and
wine retailer licensees may permit a person who is at least eighteen (18) years
of age, to sell, serve, or participate in the sale or service of fermented malt
beverages or vinous liquor.
c.
Fermented malt beverage and wine retailer licensees shall not permit a person
who is less than twenty-one (21) years of age to deliver fermented malt
beverages or vinous liquor pursuant to Regulation 47-426, 1 C.C.R.
203-2.
F.
Special event permit holders:
1. No person
under eighteen (18) years of age may sell, serve, dispense or handle alcohol
beverages.
2. Malt, vinous, and
spirituous liquors special event permittees, and fermented malt beverage
special event permittees, may permit a person who is at least eighteen (18)
years of age but less than twenty-one (21) years of age to sell, serve,
dispense, or handle alcohol beverages when said person is under the direct
supervision of a person who is at least twenty-one (21) years of age.
G. Wholesalers and Manufacturers
licensed pursuant to article 3, of title 44, C.R.S.
1. Employees or agents of the licensee who
are at least eighteen (18) years of age may handle and otherwise act with
respect to alcohol beverages in the same manner as such person would with other
items sold at wholesale, as long as they are under the direct supervision of a
person who is at least twenty-one (21) years of age. However, persons under the
age of twenty-one (21) shall not sell malt, vinous, or spirituous liquors or
check identification of the customers of the permitted sales room.
H. Retail Establishment Permittee
licensed pursuant to article 3, of title 44, C.R.S.
1. A retail establishment permittee shall not
permit an employee who is eighteen years of age or older and under twenty-one
years of age to dispense or participate in the dispensing of a complementary
beverage unless the employee is supervised by another employee of the retail
establishment permitted, who is on the permitted premises and is at least
twenty-one years of age.
