# 1 CCR 203-2: COLORADO LIQUOR RULES

> Colorado · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_1_CCR_203_2

## Section

- **Citation:** 1 CCR 203-2
- **Heading:** COLORADO LIQUOR RULES
- **Jurisdiction:** Colorado
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Code of Colorado Regulations / 200 Department of Revenue / 203 Liquor and Tobacco Enforcement Division / 1 CCR 203-2

## Text

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Regulation 47-002. Repealed.
Regulation 47-004. Fermented Malt Beverages On or On/Off - Possession of
Alcohol Liquors.
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), 44-4-104(1)(c)(I)(A), and 44-4-
107(1), C.R.S. The purpose of this regulation is to prohibit possession and consumption
of vinous or spirituous liquors on a fermented malt beverage on or on/off licensee’s
licensed premises.
A.
Except as provided by subsection 44-3-107(2), C.R.S., no Fermented Malt
Beverage On or On/Off retailer licensed pursuant to Article 4 of Title 44, C.R.S.,
shall allow the sale, possession, or consumption of vinous or spirituous liquor on
its licensed premises.
B.
Except as provided in subsection 44-3-107(2), C.R.S., no person shall possess
or consume vinous or spirituous liquor on the licensed premises of a Fermented
Malt Beverage On or On/Off retailer licensed pursuant to Article 4 of Title 44,
C.R.S.
C.
Except as provided by subsection 44-3-107(2), C.R.S., no Fermented Malt
Beverage and Wine Retailer licensed pursuant to Article 4 of Title 44, C.R.S.,
shall allow the sale, possession, or consumption of spirituous liquor on its
licensed premises.
D.
Except as provided in subsection 44-3-107(2), C.R.S., no person shall possess
or consume spirituous liquor on the licensed premises of a Fermented Malt
Beverage and Wine Retailer licensed pursuant to Article 4 of Title 44, C.R.S.

Code of Colorado Regulations
Secretary of State
State of Colorado

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licensed premises.
D.
Except as provided in subsection 44-3-107(2), C.R.S., no person shall possess
or consume spirituous liquor on the licensed premises of a Fermented Malt
Beverage and Wine Retailer licensed pursuant to Article 4 of Title 44, C.R.S.

Code of Colorado Regulations
Secretary of State
State of Colorado

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Regulation 47-006. Repealed.
Regulation 47-008. Fermented Malt Beverages - Limitations of License.
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
subsection 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 subsection 44-3-911(6)(a)(I), C.R.S.
B.
Fermented Malt Beverage and Wine Retailers licensed for off-premises
consumption under subsection 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 subsection 44-3-901(6)(k)(IV), C.R.S.; or
3
-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 subsection 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 subsection 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 subsection 44-3- 911(6)(a)(I), C.R.S.

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Regulation 47-009 Fermented Malt Beverage and Wine Retailer Licenses Distance
Requirement.
Basis and Purpose. The statutory authority for this regulation is found at subsections
44-3-202(1)(b), 44-3-202(2)(a)(I)(A), 44-3-202(2)(a)(I)(D), 44-3-202(2)(a)(I)(R), 44-3-
202(2)(a)(I)(O), and 44-3-301(12), C.R.S. The purpose of this regulation is to clarify the
distance restrictions for new fermented malt beverage and wine retailer applicants as
well as the availability of the exception to the statutory distance requirement.
A.
The exceptions to the five hundred (500) foot distance restriction set forth in
subsection 44-3-301(12)(a.5)(II)(A) and (B), C.R.S., shall apply only if a building
permit or certificate of occupancy for the structure has been timely applied for or
received on or prior to January 1, 2019.
Regulation 47-010
icants as
well as the availability of the exception to the statutory distance requirement.
A.
The exceptions to the five hundred (500) foot distance restriction set forth in
subsection 44-3-301(12)(a.5)(II)(A) and (B), C.R.S., shall apply only if a building
permit or certificate of occupancy for the structure has been timely applied for or
received on or prior to January 1, 2019.
Regulation 47-010. Items Approved for Sale in Fermented Malt Beverage and Wine
Retailer Licenses.
Basis and Purpose. The statutory authority for this regulation includes, but is not limited
to, subsections 44-4-107(3)(c), 44-3-202(1)(b), 44-3-202(2)(a)(I)(A), 44-3-
202(2)(a)(I)(D), 44-3-202(2)(a)(I)(R), and 44-3-202(2)(a)(I)(O), C.R.S. The purpose of
this regulation is to define how applicable licensees must report and demonstrate
compliance concerning this specific statutory requirement.
A.
To demonstrate compliance with subsection 44-4-107(3), C.R.S., if applicable,
the applicant or licensee must affirm on its new and annual renewal application
that the license derives or will derive at least twenty (20) percent of its gross
annual revenues from total sales from the sale of food items for consumption off
the premises. The exceptions to the foregoing requirement, set forth in
subsections 44-4-107(3)(d)(I) and (II), C.R.S., shall apply only if a building permit
or certificate of occupancy for the structure has been applied for or received on
or prior to January 1, 2019.
B.
Nothing within this regulation 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.
Regulation 47-100. Definitions.
Basis and Purpose. The statutory authority for this regulation includes, but is not limited
to, subsections 44-3-103, 44-3-202(1)(b), 44-3-202(2)(a)(I)(A), and 44-3-202(2)(a)(I)(R),
C.R.S
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.
Regulation 47-100. Definitions.
Basis and Purpose. The statutory authority for this regulation includes, but is not limited
to, subsections 44-3-103, 44-3-202(1)(b), 44-3-202(2)(a)(I)(A), and 44-3-202(2)(a)(I)(R),
C.R.S. The purpose of this regulation is to ensure consistent application and
interpretation of common terms within the relevant articles.
As used in these regulations, unless the context otherwise requires:
A.
Repealed.

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B.
“Manufacturer” means a Colorado licensed brewery, winery, limited winery,
distillery, vintner’s restaurant, distillery pub or brew pub as defined by section 44-
3-103, C.R.S.
C.
“Nonresident manufacturer” means a Colorado licensee that manufactures malt
liquor or fermented malt beverages outside the state of Colorado and has been
issued a Brewer's Notice by the Alcohol and Tobacco Tax and Trade Bureau.
D.
“On-site product sales promotion” means a sales promotion, featuring a particular
brand of alcohol beverage, that is conducted on a retailer's licensed premises by
an alcohol beverage supplier. On-site product sales promotion may include drink
specials, product sampling and the giveaway of consumer goods.
E.
“Sponsored event” means an event supported in whole or in part by a licensed
supplier that is conducted at a retail licensed establishment.
F.
“Supplier” means a Colorado licensed brewery, winery, distillery, brew pub,
distillery pub, vintner’s restaurant, limited winery, nonresident manufacturer,
wholesaler or importer of alcohol beverages.
G.
“Retailer” or an entity “licensed to sell at retail” means those persons licensed
pursuant to subsections 44-3-401(1)(h) – (t), (v – w), and (y – z), C.R.S., and
subsection 44-4-104(1)(c), C.R.S., to sell alcohol beverages to the end
consumer.
H
ery, distillery, brew pub,
distillery pub, vintner’s restaurant, limited winery, nonresident manufacturer,
wholesaler or importer of alcohol beverages.
G.
“Retailer” or an entity “licensed to sell at retail” means those persons licensed
pursuant to subsections 44-3-401(1)(h) – (t), (v – w), and (y – z), C.R.S., and
subsection 44-4-104(1)(c), C.R.S., to sell alcohol beverages to the end
consumer.
H.
“Unreasonable noise” means a level of noise that violates local noise ordinance
standards, or where no local noise ordinance standard exists, a level of noise
that would violate section 25-12-103, C.R.S.
I.
“Wholesaler” means those entities authorized to sell alcohol beverages at
wholesale to licensed retailers, including wholesalers of fermented malt
beverages, malt liquors, vinous and spirituous liquors, limited wineries, brew
pubs, distillery pubs, and vintner's restaurants.
J.
“Sandwiches” as used in Articles 3 and 5 of Title 44, C.R.S. are defined as
single-serving items such as hamburgers, hot dogs, frozen pizzas, burritos,
chicken wings, or items of a similar nature. “Light snacks” as used in Articles 3
and 5 of Title 44, C.R.S. are defined as popcorn, pretzels, nuts, chips, or items of
a similar nature.
K.
“Colorado Liquor Code” or “Liquor Code” means Article 3 of Title 44, C.R.S.
L.
“Colorado Beer and Wine Code” or “Beer and Wine Code” means Article 4 of
Title 44, C.R.S.
M.
“Special Event Code” means Article 5 of Title 44, C.R.S.
N.
“Colorado Liquor Rules” means this regulatory article, 1 C.C.R. 203-2.

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ilar nature.
K.
“Colorado Liquor Code” or “Liquor Code” means Article 3 of Title 44, C.R.S.
L.
“Colorado Beer and Wine Code” or “Beer and Wine Code” means Article 4 of
Title 44, C.R.S.
M.
“Special Event Code” means Article 5 of Title 44, C.R.S.
N.
“Colorado Liquor Rules” means this regulatory article, 1 C.C.R. 203-2.

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O.
“Division” means the State of Colorado Department of Revenue’s Liquor
Enforcement Division, except as provided otherwise.
P.
“Communal Outdoor Dining Area” means an outdoor space that is used for food
and alcohol beverage service by two or more licensees licensed under Article 3
or Article 4 of Title 44, C.R.S., as a:
1.
Tavern;
2.
Hotel and Restaurant;
3.
Brew Pub;
4.
Distillery Pub;
5.
Vintner’s Restaurant;
6.
Beer and Wine Licensee;
7.
Manufacturer that operates a sales room authorized under subsection 44-
3-402(2) or (7), C.R.S.;
8.
Beer wholesaler that operates a sales room under subsection 44-3-
407(1)(b)(I), C.R.S.;
9.
Limited Winery;
10.
Lodging Facility;
11.
Optional Premises;
12.
Fermented Malt Beverage Retailer licensed for consumption on the
premises; or
13.
Entertainment Facility.
Regulation 47-104. Winery Direct Shipper’s Permits.
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), and 44-3-104(6), C.R.S. The
purpose of this regulation is to clarify the scope of a winery direct shipper’s permittee’s
privileges.
A.
For purposes of this regulation, the term “permit” or “permittee” means the
natural person or entity holding a winery direct shipper’s permit and any
manager, agent, servant, officer, or employee thereof.
B.
For purposes of this regulation, the term “personal consumer” has the meaning
set forth in section 44-3-103(36), C.R.S.

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ses of this regulation, the term “permit” or “permittee” means the
natural person or entity holding a winery direct shipper’s permit and any
manager, agent, servant, officer, or employee thereof.
B.
For purposes of this regulation, the term “personal consumer” has the meaning
set forth in section 44-3-103(36), C.R.S.

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C.
Subject to the requirements and limitations in section 44-3-104, C.R.S., a
permittee may ship or deliver only wine that it produced or bottled to a personal
consumer located in Colorado.
D.
A winery direct shipper’s permittee shall not engage in any in-person sale (as
defined in section 44-3-103(52), C.R.S.) of wine to be shipped or delivered to a
consumer in the State of Colorado, except at the licensed premises of a
permittee’s licensed winery or limited winery, or at an approved sales room of a
licensed winery or limited winery that also has received a winery direct shipper’s
permit.
E.
In-person sales (as defined in section 44-3-103(52), C.R.S.) of wine to be
shipped or delivered to a consumer in the State of Colorado, shall also be
allowed upon the licensed premises associated with a festival permit validly held
by a licensed winery or limited winery.
Regulation 47-200. Petitions for Statements of Position and Declaratory Orders
Concerning the Colorado Liquor Code, Colorado Beer and Wine Code, Special
Event Code, or Colorado Liquor Rules.
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)(R), and 24-4-105(11), C.R.S. The
purpose of this regulation is to establish clear and comprehensive procedures and
considerations required for a statement of position and/or a declaratory order.
A.
Statements of Position. Any person may petition the Division for a statement of
position concerning the applicability to the petitioner of any provision of the
Liquor Code, Beer and Wine Code, Special Event Code, or Colorado Liquor
Rules
rpose of this regulation is to establish clear and comprehensive procedures and
considerations required for a statement of position and/or a declaratory order.
A.
Statements of Position. Any person may petition the Division for a statement of
position concerning the applicability to the petitioner of any provision of the
Liquor Code, Beer and Wine Code, Special Event Code, or Colorado Liquor
Rules. The petition must include the information set forth in paragraph (E)(1)-
(E)(6) of this regulation.
B.
Service of Petition for Statement of Position. A letter for petition for a statement
of position shall be served on the Division by mailing or emailing such petition to
the Division with a copy sent on the same date to the local licensing authority in
the county or municipality where the petitioner’s licensed premises or proposed
licensed premises are located, if applicable. Each petition for a statement of
position shall contain a certification that the service requirements of this
paragraph have been met.
C.
Time to Respond. The Division shall respond to a petition for statement of
position in writing within forty-five (45) days of receiving such petition and set
forth its position and the reasons therefore, or the grounds on which the division
declines to provide a statement of position, pursuant to section 24-4-105(11),
C.R.S., and/or paragraph (G) of this regulation.
D.
Declaratory Orders. Any person who has petitioned the Division for a statement
of position and who is dissatisfied with the statement of position may petition the
state licensing authority within forty-five (45) days of the issuance of the

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t to section 24-4-105(11),
C.R.S., and/or paragraph (G) of this regulation.
D.
Declaratory Orders. Any person who has petitioned the Division for a statement
of position and who is dissatisfied with the statement of position may petition the
state licensing authority within forty-five (45) days of the issuance of the

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statement of position for a declaratory order pursuant to section 24-4-105(11),
C.R.S. Furthermore, any person who has not received a response within forty-
five (45) days, may petition the state licensing authority for a declaratory order
pursuant to section 24-4-105(11), C.R.S. The parties to any petition for a
declaratory order pursuant to this regulation shall be the petitioner and the
Division.
E.
Requirements for a Petition for a Statement of Position or a Petition for
Declaratory Order. Each petition for a statement of position or petition for a
declaratory order shall set forth the following:
1.
The name and address of the petitioner; whether the petitioner is licensed
pursuant to the Liquor Code, Beer and Wine Code, or Special Events
Code and if so, the type of license or permit and address of the licensed
premises.
2.
The statute, rule, or order to which the petition relates.
3.
A concise statement of all of the facts necessary to show the nature of the
controversy or the uncertainty as to the applicability to the petitioner of the
statute, rule or order to which the petition relates.
4.
A concise statement of the legal authorities if any, and such other reasons
upon which petitioner relies.
5.
A concise statement of the statement of position or declaratory order
sought by the petitioner.
6.
The Statement of Position previously issued if the petitioner is filing a
Petition for a Declaratory Order.
F.
Service of Petition for Declaratory Order
order to which the petition relates.
4.
A concise statement of the legal authorities if any, and such other reasons
upon which petitioner relies.
5.
A concise statement of the statement of position or declaratory order
sought by the petitioner.
6.
The Statement of Position previously issued if the petitioner is filing a
Petition for a Declaratory Order.
F.
Service of Petition for Declaratory Order. A petition for a declaratory order shall
be served on the state licensing authority by mailing such petition to the state
licensing authority with a copy of the petition sent on the same date to the
Division, the local licensing authority in the county or municipality where the
petitioner’s licensed premises or proposed licensed premises are located, and to
the Revenue & Utilities Section of the Colorado Department of Law. Each petition
for a declaratory order shall contain a certification that the service requirements
of this paragraph have been met.
G.
Acceptance. The Division will determine whether to entertain any petition for
statement of position. The state licensing authority will determine whether to
entertain any petition for declaratory order. If either the Division or the state
licensing authority decides it will not entertain a petition, it shall promptly notify
the petitioner in writing of its decision and the reasons for that decision. Any of
the following grounds may be sufficient reason to refuse to entertain a petition:

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tition for declaratory order. If either the Division or the state
licensing authority decides it will not entertain a petition, it shall promptly notify
the petitioner in writing of its decision and the reasons for that decision. Any of
the following grounds may be sufficient reason to refuse to entertain a petition:

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1.
For a petition for declaratory order, the petitioner has failed to petition the
Division for a statement of position, or if a statement of position has been
issued, the petition for declaratory order was filed with the state licensing
authority more than forty-five (45) days after issuance of the statement of
position.
2.
A ruling on the petition will not terminate the controversy nor remove
uncertainties concerning the applicability to petitioner of the statute, rule or
order in question.
3.
The petition involves a subject, question or issue which is currently
involved in a court action, an administrative action before the state or any
local licensing authority, ongoing investigation conducted by the Division
or a written complaint filed with the state licensing authority or Division.
4.
The petition seeks a ruling on a moot or hypothetical question, having no
applicability to the petitioner.
5.
Petitioner has some other adequate legal remedy, other than an action for
declaratory relief pursuant to Colo.R.Civ.P. 57, which will terminate the
controversy or remove any uncertainty concerning applicability of the
statute, rule or order.
6.
The petitioner failed to properly serve the petition pursuant to this
regulation.
7.
The petitioner failed to include information required in paragraph (E) of this
regulation.
H.
Determination. If the state licensing authority determines that it will entertain the
petition for declaratory order, it shall promptly so notify all parties involved, and
the following procedures shall apply:
1
order.
6.
The petitioner failed to properly serve the petition pursuant to this
regulation.
7.
The petitioner failed to include information required in paragraph (E) of this
regulation.
H.
Determination. If the state licensing authority determines that it will entertain the
petition for declaratory order, it shall promptly so notify all parties involved, and
the following procedures shall apply:
1.
The state licensing authority may expedite the hearing, where the interests
of the petitioner will not be substantially prejudiced thereby, by ruling on
the basis of the facts and legal authority presented in the petition, or by
requesting the petitioner or the Division to submit additional evidence and
legal argument in writing. Any such request for additional information shall
be served on all parties.
2.
If the state licensing authority determines that an evidentiary hearing or
legal argument is necessary to a ruling on the petition, the state licensing
authority shall issue a Notice to Set to all parties and on the date so set, a
hearing shall be conducted in conformance with section 24-4-105, C.R.S.
3.
In ruling on a petition for declaratory order, the state licensing authority
may take administrative notice of general, technical or scientific facts
within its knowledge, so long as the fact is specified in the record or is

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brought to the attention of the parties before final decision and every party
is afforded an opportunity to controvert the fact so noticed.
4.
Every declaratory order shall be promptly decided and issued in writing,
specifying the basis in fact and law for the order.
5.
Any other interested person may seek leave of the state licensing
authority to intervene in the proceeding and such leave may be granted if
the licensing authority determines that such intervention will make
unnecessary a separate petition for declaratory order by the interested
person.
6
order shall be promptly decided and issued in writing,
specifying the basis in fact and law for the order.
5.
Any other interested person may seek leave of the state licensing
authority to intervene in the proceeding and such leave may be granted if
the licensing authority determines that such intervention will make
unnecessary a separate petition for declaratory order by the interested
person.
6.
A declaratory order shall constitute final agency action subject to judicial
review pursuant to section 24-4-106, C.R.S.
I.
Record Retention and Reliability. Files of all requests, statements of position, and
declaratory orders will be maintained and relied upon by the Division for a period
of five (5) years, unless the statement of position or declaratory order is
superseded by a statutory or regulatory change, amended by the Division, or
amended or reversed by the state licensing authority. Except with respect to any
material required by law to be kept confidential, such files shall be available for
public inspection.
Regulation 47-300. Change in Class of License.
Basis and Purpose. The statutory authority for this regulation includes, but is not limited
to, subsections 44-3-202(1)(a), 44-3-202(1)(b), 44-3-202(2)(a)(I)(A), and 44-3-
202(2)(a)(I)(R), C.R.S. The purpose of this regulation is to establish procedures for a
licensee requesting to change its license class, and provide clarity regarding a
licensee’s status pending this change.
A.
A request for a change in the class of license from that presently held by a
licensee shall be considered an application for a new license and subject to the
requirements of sections 44-3-311, C.R.S and 44-3-313, C.R.S.
B.
Repealed.
C.
A new application to change the class of license shall not prohibit a licensee from
operating under the terms and conditions of the old license, while its application
for change in class is pending
ss of license from that presently held by a
licensee shall be considered an application for a new license and subject to the
requirements of sections 44-3-311, C.R.S and 44-3-313, C.R.S.
B.
Repealed.
C.
A new application to change the class of license shall not prohibit a licensee from
operating under the terms and conditions of the old license, while its application
for change in class is pending. Upon issuance of the new license, the licensee
may continue the sale of the alcohol beverage inventory that was purchased
under the old license, as long as the new license authorizes the sale of the same
type of alcohol beverages. However, nothing herein shall authorize a licensee to
sell a type of alcohol beverage unless specifically authorized to do so by the
license it holds.

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Regulation 47-301. Undue Concentration of Licenses.
Basis and Purpose. The statutory authority for this regulation is located at subsections
44-3-202(1)(b) and 44-3-202(2)(a)(I)(F), C.R.S. The purpose of this regulation is to
establish factors the licensing authority may consider when determining whether certain
new licenses would result in an undue concentration of the same license type in making
such a determination pursuant to section 44-3-301(2)(b), C.R.S.
A.
For purposes of determining if the issuance of a new tavern or retail liquor store
license would result in or add to an undue concentration of the same class of
license and, as a result, require the use of additional law enforcement resources,
the state or local licensing authority may consider factors, including, but not
limited to:
1.
Whether the ratio of the number of tavern or retail liquor store licenses
within the county or counties of the neighborhood to be served where
application has been made to the county or counties population exceeds
the ratio of the statewide number of licenses of the same class to the state
population;
2
the state or local licensing authority may consider factors, including, but not
limited to:
1.
Whether the ratio of the number of tavern or retail liquor store licenses
within the county or counties of the neighborhood to be served where
application has been made to the county or counties population exceeds
the ratio of the statewide number of licenses of the same class to the state
population;
2.
Whether the ratio of the number of tavern or retail liquor store licenses
within the census tract or census division in the neighborhood in which the
applicant premises are located to the population of the census tract or
division exceeds the ratio of number of licenses of the same class in the
county or municipality to the population of the county or municipality where
application has been made;
3.
The distance between the applicant premises and the premises of other
holders of the same class of license;
4.
Published data concerning the concentration of tavern or retail liquor store
licenses and its effect on the need for law enforcement resources; and
5.
Testimony concerning the use of law enforcement resources by law
enforcement officials with the responsibility for enforcing state or local law
in the area in which the applicant premises are located.
B.
For purposes of this regulation:
1.
The number of tavern and retail liquor store licenses within a given area
shall be as published by the state licensing authority;
2.
The population shall be the estimate published by the most recent United
States decennial or special census (for state, census tract, and census
division data) or the most recent estimates published by the Department of
Local Affairs (for county and municipal data).

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e as published by the state licensing authority;
2.
The population shall be the estimate published by the most recent United
States decennial or special census (for state, census tract, and census
division data) or the most recent estimates published by the Department of
Local Affairs (for county and municipal data).

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11
3.
“Neighborhood” shall be that area as required pursuant to 44-3-312(2)(a),
C.R.S.
Regulation 47-302. Changing, Altering, or Modifying Licensed Premises.
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)(D), and 44-3-
202(2)(a)(I)(R), C.R.S. The purpose of this regulation is to establish procedures for a
licensee seeking to make material or substantial alterations to the licensed premises,
and provide factors the licensing authority must consider when evaluating such
alterations for approval or rejection.
A.
After issuance of a license, the licensee shall make no physical change,
alteration or modification of the licensed premises that materially or substantially
alters the licensed premises or the usage of the licensed premises from the latest
approved plans and specifications on file with the state and local licensing
authorities without application to, and the approval of, the respective licensing
authorities. For purposes of this regulation, physical changes, alterations or
modifications of the licensed premises, or in the usage of the premises requiring
prior approval, shall include, but not be limited to, the following:
1.
Any increase or decrease in the total size or capacity of the licensed
premises.
2.
The sealing off, creation of or relocation of a common entryway, doorway,
passage or other such means of public ingress and/or egress, when such
common entryway, doorway or passage alters or changes the sale or
distribution of alcohol beverages within the licensed premises.
3
ut not be limited to, the following:
1.
Any increase or decrease in the total size or capacity of the licensed
premises.
2.
The sealing off, creation of or relocation of a common entryway, doorway,
passage or other such means of public ingress and/or egress, when such
common entryway, doorway or passage alters or changes the sale or
distribution of alcohol beverages within the licensed premises.
3.
Any substantial or material enlargement of a bar, relocation of a bar, or
addition of a separate bar. However, the temporary addition of bars or
service areas to accommodate seasonal operations shall not require prior
approval unless the additional service areas are accompanied by an
enlargement of the licensed premises.
4.
An outside service area located on a property owned by a municipality, a
city and county, or the unincorporated area of a county, and that the
licensee possesses in accordance with subsection (B)(2) of this
regulation, may be approved by the state and local licensing authorities
upon the annual filing of a modification of premises application, due at the
time of initial application or at the time of renewal, on a form approved by
the State Licensing Authority, and payment of the associated modification
of licensed premises fee as set forth in Regulation 47-506, provided that:
a.
The proposed outside service area located on property owned by
the municipality, city and county, or unincorporated areas of a
county, is immediately adjacent to the licensed premises;

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g Authority, and payment of the associated modification
of licensed premises fee as set forth in Regulation 47-506, provided that:
a.
The proposed outside service area located on property owned by
the municipality, city and county, or unincorporated areas of a
county, is immediately adjacent to the licensed premises;

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12
b.
The licensed premises, as temporarily modified, will comprise a
definite contiguous area;
c.
Plans and specifications identifying the outside service area,
including dates of seasonal operation (if applicable), accompany
the form and fee;
d.
Licensees shall maintain records of the dates alcohol service
occurs on the outside service area if such space is used seasonally
or sporadically, and must provide records to the Division upon
request; and
e.
All outside service areas are closed to motor vehicle traffic by
physical barriers during all times that alcohol service occurs.
5.
Any material change in the interior of the premises that would affect the
basic character of the premises or the physical structure detailed in the
latest approved plans and specifications on file with the state and local
licensing authorities. However, the following types of modifications will not
require prior approval, even if a local building permit is required: painting
and redecorating of premises; the installation or replacement of electric
fixtures or equipment, plumbing, refrigeration, air conditioning or heating
fixtures and equipment; the lowering of ceilings; the installation and
replacement of floor coverings; the replacement of furniture and
equipment; and any non-structural remodeling where the remodel does
not expand or reduce the existing area designed for the display or sale of
alcohol beverage products.
6
ment of electric
fixtures or equipment, plumbing, refrigeration, air conditioning or heating
fixtures and equipment; the lowering of ceilings; the installation and
replacement of floor coverings; the replacement of furniture and
equipment; and any non-structural remodeling where the remodel does
not expand or reduce the existing area designed for the display or sale of
alcohol beverage products.
6.
The destruction or demolition, and subsequent reconstruction, of a
building that contained the retailer’s licensed premises shall require the
filing of new building plans with the local licensing authority, or in the case
of manufacturers and wholesalers, with the state licensing authority.
However, reconstruction shall not require an application to modify the
premises unless the proposed plan for the newly-constructed premises
materially or substantially alters the licensed premises or the usage of the
licensed premises from the plans and specifications detailed in the latest
approved plans and specifications on file with the state and local licensing
authorities.
7.
Nothing herein shall prohibit a licensee from modifying its licensed
premises to include in the licensed premises a public thoroughfare, if the
following conditions are met:
a.
The licensee has been granted an easement for the public
thoroughfare for the purpose of transporting alcohol beverages;
b.
The licensee has been granted an easement for the public
thoroughfare for the purpose of transporting alcohol beverages;

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d premises a public thoroughfare, if the
following conditions are met:
a.
The licensee has been granted an easement for the public
thoroughfare for the purpose of transporting alcohol beverages;
b.
The licensee has been granted an easement for the public
thoroughfare for the purpose of transporting alcohol beverages;

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13
c.
The inclusion of the public thoroughfare is solely for the purpose of
transporting alcohol beverages between licensed areas, and no
sale or consumption will occur on or within the public thoroughfare;
and
d.
Any other conditions as established by the local licensing authority.
8.
The addition of a noncontiguous location to the licensed premises of a
winery, limited winery, distillery, or brewery licensed pursuant to sections
44-3-402 or 44-3-403, C.R.S.
9.
Modification of the licensed premises to include a communal outdoor
dining area, subject to the requirements of section 44-3-912, C.R.S., and
Regulation 47-1103.
B.
In making its decision with respect to any proposed changes, alterations or
modifications, the licensing authority must consider whether the premises, as
changed, altered or modified, will meet all of the pertinent requirements of the
Liquor or Beer and Wine Codes and related regulations. Factors to be taken into
account by the licensing authority shall include, but not be limited to, the
following:
1.
The reasonable requirements of the neighborhood and the desires of the
adult inhabitants.
2.
The possession, by the licensee, of the changed premises by ownership,
lease, rental or other arrangement.
3.
Compliance with the applicable zoning laws of the municipality, city and
county or county.
4.
Compliance with the distance prohibition in regard to any public or
parochial school or the principal campus of any college, university, or
seminary.
5
and the desires of the
adult inhabitants.
2.
The possession, by the licensee, of the changed premises by ownership,
lease, rental or other arrangement.
3.
Compliance with the applicable zoning laws of the municipality, city and
county or county.
4.
Compliance with the distance prohibition in regard to any public or
parochial school or the principal campus of any college, university, or
seminary.
5.
The legislative declaration that the Liquor and Beer and Wine Codes are
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.
C.
If permission to change, alter or modify the licensed premises is denied, the
licensing authority shall give notice in writing and shall state grounds upon which
the application was denied. The licensee shall be entitled to a hearing on the
denial if a request in writing is made to the licensing authority within fifteen (15)
days after the date of notice.
D.
This regulation shall be applicable to the holder of a manufacturer's license as
specifically defined in Section 44-3-402, C.R.S., or a limited winery defined in

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14
section 44-3-403, C.R.S., only if the physical change, alteration, or modification
involves any increase or decrease in the total size of the licensed premises,
including the addition of a noncontiguous location to the licensed premises of a
winery, limited winery, distillery, or brewery licensed pursuant to sections 44-3-
402 or 44-3-403, C.R.S. Except, any change, alteration, or modification of a sales
room, shall be reported in accordance with subsection (A).
E
r modification
involves any increase or decrease in the total size of the licensed premises,
including the addition of a noncontiguous location to the licensed premises of a
winery, limited winery, distillery, or brewery licensed pursuant to sections 44-3-
402 or 44-3-403, C.R.S. Except, any change, alteration, or modification of a sales
room, shall be reported in accordance with subsection (A).
E.
The state licensing authority shall not impose any additional fees for the
processing or review of an application for a modification of premises for the
holder of a manufacturer’s license, except for applications to modify the premises
through the addition of a noncontiguous location to the licensed premises of a
winery, limited winery, distillery, or brewery licensed pursuant to sections 44-3-
402 or 44-3-403, C.R.S.
Regulation 47-303. License Renewal.
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)(C), 44-3-202(2)(a)(I)(D), 44-3-
202(2)(a)(I)(R), 44-3-302, 44-3-501, and 44-4-105, C.R.S. The purpose of this
regulation is to clarify and establish procedures and deadlines for a licensee that is
applying to renew its license in accordance with section 44-3-302, C.R.S.
A.
No one other than the license holder, or their duly-authorized representative, may
file an application to renew the license with local and state licensing authorities.
B.
At least ninety (90) days before the expiration date of an existing license, the
State Licensing Authority shall notify the licensee of the expiration date by
sending notice to the most recently provided email address and/or mailing
address for the licensee.
C.
A complete renewal application shall include evidence that the licensee remains
in possession of the licensed premises by ownership, lease, rental, or other
arrangement at the time of application
n existing license, the
State Licensing Authority shall notify the licensee of the expiration date by
sending notice to the most recently provided email address and/or mailing
address for the licensee.
C.
A complete renewal application shall include evidence that the licensee remains
in possession of the licensed premises by ownership, lease, rental, or other
arrangement at the time of application. An agreement that may lapse within the
new license year neither automatically disqualifies the licensee from renewing,
nor automatically invalidates the license. However, this provision does not
preclude the state or local licensing authority from initiating any action as
provided by law to suspend or revoke a license for loss of possession of the
licensed premises.
D.
Nothing herein authorizes a licensee to purchase, sell, or serve alcohol
beverages with an expired license, except as authorized in subparagraphs (E),
(F)(2), and (G)(3) of this regulation. Licensed privileges are not restored until and
unless the applicable requirements of subparagraph (F)(2) and/or (G)(3) of this
regulation are met.
E.
Application for the renewal of an existing license shall be made to the local
licensing authority not less than forty-five (45) days prior to the date of expiration
and to the state licensing authority not less than thirty (30) days prior to the date

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of subparagraph (F)(2) and/or (G)(3) of this
regulation are met.
E.
Application for the renewal of an existing license shall be made to the local
licensing authority not less than forty-five (45) days prior to the date of expiration
and to the state licensing authority not less than thirty (30) days prior to the date

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15
of expiration. The state or local licensing authority may waive these requirements
for good cause. Once an application for renewal has been filed with the local
licensing authority, or the state licensing authority for state only licenses, the
licensee may continue to operate until final agency action.
F.
License expired for not more than ninety (90) days.
1.
A licensee whose license has not been expired for more than ninety (90)
days may file a late renewal application upon the payment of a non-
refundable late application fee to the local licensing authority, and/or the
state licensing authority.
2.
A licensee who files a late renewal application and pays the requisite fees
may resume operation until the state and/or local licensing authorities
have taken final agency action to approve or deny such licensee’s late
renewal application.
G.
License expired for more than ninety (90) days, but less than one hundred eighty
(180) days.
1.
Any licensee whose license has been expired more than ninety (90) but
less than one hundred eighty (180) days, may submit to the local licensing
authority, or state licensing authority for state only licenses, an application:
a.
For a new license, subject to section 44-3-301, C.R.S., or
b.
For a reissued license, subject to subsection 44-3-302(2)(d), C.R.S.
2.
The local licensing authority, or state licensing authority for state-only
licenses, shall have sole discretion to determine whether to allow a
licensee to apply for a reissued license
thority, or state licensing authority for state only licenses, an application:
a.
For a new license, subject to section 44-3-301, C.R.S., or
b.
For a reissued license, subject to subsection 44-3-302(2)(d), C.R.S.
2.
The local licensing authority, or state licensing authority for state-only
licenses, shall have sole discretion to determine whether to allow a
licensee to apply for a reissued license. If the local licensing authority, or
state licensing authority for state-only licenses, does not allow the licensee
to apply for a reissued license, then the licensee must apply for a new
license.
3.
A licensee applying for a reissued license may resume operation pending
final agency action by all of the relevant licensing authorities to approve or
deny the licensee’s application only if:
a.
The local licensing authority, or state licensing authority for state-
only licensee, allows the licensee to apply for a reissued license;
b.
The licensee submits the application, along with payment for the
required fees and fines, to the local licensing authority or the state
licensing authority for state- only licensees; and

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16
c.
The local licensing authority, or the state licensing authority for
state-only licenses, accepts the reissued license application and
required fees and fines.
H.
Any licensee whose license has been expired for one hundred eighty (180) days
or more must apply for a new license pursuant to section 44-3-311, C.R.S., and
shall not purchase or sell any alcohol beverage until all required licenses have
been obtained, unless otherwise authorized under these regulations.
I
tate-only licenses, accepts the reissued license application and
required fees and fines.
H.
Any licensee whose license has been expired for one hundred eighty (180) days
or more must apply for a new license pursuant to section 44-3-311, C.R.S., and
shall not purchase or sell any alcohol beverage until all required licenses have
been obtained, unless otherwise authorized under these regulations.
I.
A licensee that is in lawful possession of its alcohol beverage inventory at the
time it receives approval from the local licensing authorities for an application for
the late license renewal pursuant to paragraph (F) of this regulation, or for an
application for new license of reissued license pursuant to paragraph (G) of this
regulation, may continue to possess its alcohol beverage inventory.
J.
For the purposes of biennial licensure, a licensee in good standing may apply to
renew its state license on a two-year basis, only needing to file the license
renewal paperwork in the first year. However, applicable fees required by
subsections 44-3-501(1) and (3), 44-3-505(1), C.R.S., and Regulation 47-506,
shall be paid annually as provided in subsection 44-3-302(3)(b), C.R.S. The first
payment must be submitted with the application to renew the license for a two-
year period. To aid the licensee to remember the obligation to pay applicable
fees annually, the division will send notice to the licensee that the license is set to
expire in the following ninety (90) days, pursuant to subsection 44-3-302(1)(a),
C.R.S., each year. The licensee must make the second payment in the following
State of Colorado fiscal year, which runs from July 1 through June 30, but prior to
the expiration of the license. Failure of the licensee to timely make the second
payment may result in discipline of the license, which may include an
administrative action, fine, suspension or revocation of the license, and the
licensee will no longer be considered to be in good standing as defined in
subparagraph (J)(1) of this regulation.
1
, which runs from July 1 through June 30, but prior to
the expiration of the license. Failure of the licensee to timely make the second
payment may result in discipline of the license, which may include an
administrative action, fine, suspension or revocation of the license, and the
licensee will no longer be considered to be in good standing as defined in
subparagraph (J)(1) of this regulation.
1.
For purposes of this regulation, the term “good standing” means a
licensee that:
a.
Has not been found, in a final agency action, to be in violation of
Articles 3, 4, or 5 of Title 44 C.R.S., or any regulations promulgated
pursuant thereto, in the 365 days period before applying to renew
the license on a two (2) year basis;
b.
Maintains a license that has not expired;
c.
Has paid all fines and fees owed to the state licensing authority and
the local licensing authority;
d.
Has paid their annual license fee for their biennial license in
consecutive fiscal years (July 1- June 30); and

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17
e.
Has not been found to be currently delinquent in the payment of
any state or local taxes related to a business.
2.
A licensee that falls out of good standing automatically has its biennial
renewal privilege revoked and must apply for a license renewal on an
annual basis. A licensee that loses its good standing status may not be
granted biennial renewal for two (2) calendar years.
3.
An application for biennial renewal shall be completed on a form
prescribed by the state licensing authority.
a.
Once a licensee is granted biennial renewal, the licensee shall
continue to renew biennially unless the licensee falls out of good
standing.
Regulation 47-304. Transfer of Ownership and Changes in Licensed Entities.
Basis and Purpose
anted biennial renewal for two (2) calendar years.
3.
An application for biennial renewal shall be completed on a form
prescribed by the state licensing authority.
a.
Once a licensee is granted biennial renewal, the licensee shall
continue to renew biennially unless the licensee falls out of good
standing.
Regulation 47-304. Transfer of Ownership and Changes in Licensed Entities.
Basis and Purpose. The statutory authority for this regulation includes, but is not limited
to, subsections 44-3-103, 44-3-107(1), 44-3-202(1)(a), 44-3-202(1)(b), 44-3-
202(2)(a)(I)(A), 44-3-202(2)(a)(I)(J), 44-3-202(2)(a)(I)(O), 44-3-202(2)(a)(I)(R), 44-3-
301(3)(a)(I), 44-3-301(7), 44-3-303(1)(c), 44-3-303(3)(b), 44-3-308, 44-3-409(6), and
44-3-409(7), C.R.S. The purpose of this regulation is to establish reporting and
disclosure requirements for the identification of applicants, licensees, and their relevant
financial interests to promote transparency and prevent the occurrence of statutorily
prohibited financial interests between the manufacturing, wholesale, and retail tiers.
A.
Corporations
1.
If the applicant for any license under Articles 3 or 4 of Title 44 is a
corporation, it shall submit with the application, the names, addresses,
and individual history records of all of its principal officers, directors, or
managers, and a copy of its articles of incorporation or articles of
organization; and if a foreign entity, evidence of its qualification to do
business within this state. In addition, each applicant shall submit the
names, addresses, and individual history records of all persons owning
ten percent (10%) or more of the outstanding or issued capital stock, or
persons holding a ten percent (10%) or more membership interest.
2
articles of incorporation or articles of
organization; and if a foreign entity, evidence of its qualification to do
business within this state. In addition, each applicant shall submit the
names, addresses, and individual history records of all persons owning
ten percent (10%) or more of the outstanding or issued capital stock, or
persons holding a ten percent (10%) or more membership interest.
2.
Any transfer of capital stock or any change in principal officers or directors
of any corporation holding a license under the provisions of the Liquor or
Beer and Wine Codes and which is not subject to the reporting
requirements of the Securities and Exchange Act of 1934, as amended,
shall be reported to the respective licensing authorities within thirty (30)
days after such transfer or change. With the report, the licensee shall
submit the names, addresses, and individual history records for any new
officer, director, or stockholder acquiring ten percent (10%) or more
outstanding capital stock, as well as the corporate minutes verifying the
transactions. Licensees that are subject to the Securities and Exchange

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18
Act of 1934, as amended, shall be required to do the same, except that
they shall not be required to report any single transfer of outstanding
capital stock of less than ten percent (10%).
3.
Any transfer of membership interest or any change in managers of any
limited liability company holding a license shall be reported to the
respective licensing authorities within thirty (30) days after such transfer or
change. With the report, the licensee shall submit the names, addresses,
and individual history records for any new manager, or member acquiring
ten percent (10%) or more membership interest.
B.
Partnerships
1
interest or any change in managers of any
limited liability company holding a license shall be reported to the
respective licensing authorities within thirty (30) days after such transfer or
change. With the report, the licensee shall submit the names, addresses,
and individual history records for any new manager, or member acquiring
ten percent (10%) or more membership interest.
B.
Partnerships
1.
If the applicant for any license under Articles 3 or 4 of Title 44 is a general
partnership, limited partnership, limited liability partnership, or limited
liability limited partnership, it shall submit with the application the names,
addresses, and individual history records of all of its general or managing
partners, and a copy of its partnership agreement; and, if a foreign entity,
evidence of its qualification to do business within this state. In addition,
each applicant shall submit the names, addresses, and individual history
records of any other partner holding a ten percent (10%) or more
partnership interest.
2.
Any transfer of partnership interest or any change in general or managing
partners of any partnership holding a license shall be reported to the
respective licensing authorities within thirty (30) days after such transfer or
change. With the report, the licensee shall submit the names, addresses,
and individual history records for any new general or managing partner, or
any other partner holding ten percent (10%) or more partnership interest.
C.
Municipalities and Other Governmental Entities
1
hip holding a license shall be reported to the
respective licensing authorities within thirty (30) days after such transfer or
change. With the report, the licensee shall submit the names, addresses,
and individual history records for any new general or managing partner, or
any other partner holding ten percent (10%) or more partnership interest.
C.
Municipalities and Other Governmental Entities
1.
If the applicant for any license under Articles 3 or 4 of Title 44 is a
municipality or other governmental entity, it shall submit with the
application the name, address and individual history record of at least one
member of its governing body, or at least one person hired or appointed
by its governing body, to serve as an officer or director; except that,
pursuant to subsection 44-3-107(1), C.R.S., a person who has an interest
in a liquor license may not be listed as an officer or director on a license
owned, or to be owned, by a municipality or other governmental entity if
that person individually manages or receives any direct financial benefit
from the operation of such license. If the governing body of a municipality
or other governmental entity hires or appoints more than one officer or
director, the name, address, and individual history record of each such
officer or director shall be submitted with the application.

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19
2.
Any change in the officers or directors of a license held by a municipality
or other governmental entity shall be reported to the respective licensing
authorities within thirty (30) days after such change. With the report, the
licensee shall submit the names, addresses, and individual history records
for any new officers or directors.
D.
Entity Conversions
1.
Any licensee that qualifies for an entity conversion pursuant to section 7-
90-201, C.R.S., et
d by a municipality
or other governmental entity shall be reported to the respective licensing
authorities within thirty (30) days after such change. With the report, the
licensee shall submit the names, addresses, and individual history records
for any new officers or directors.
D.
Entity Conversions
1.
Any licensee that qualifies for an entity conversion pursuant to section 7-
90-201, C.R.S., et. seq., or similar law enacted by other states, shall not
be required to file a transfer of ownership application pursuant to section
44-3-303, C.R.S., upon statutory conversion, but shall submit a report
containing suitable evidence of conversion within thirty (30) days of such
conversion. Such evidence shall include, but not be limited to, recognition
of conversion by the Colorado Secretary of State. In addition, within thirty
(30) days of the conversion, the licensee shall submit the names,
addresses, and individual history records of any new officers, directors,
managers, general or managing partners, and all persons having an
ownership interest of ten percent (10%) or more.
E.
All reports required by this regulation shall be made on forms supplied by the
Division.
F.
For all applicants for the issuance of a license by reason of a transfer of
possession of the licensed premises by methods to include operation of law, a
petition in bankruptcy pursuant to federal bankruptcy law, the appointment of a
receiver, a foreclosure action by a secured party, or a court order dispossessing
the prior licensee of all rights of possession pursuant to Article 40 of Title 13,
C.R.S., the licensing authorities shall consider the requirements of subsection
44-3-303(1)(c)(I), C.R.S. The loss of possession of the licensed premises by the
licensee does not in itself automatically invalidate, cancel, or terminate the
underlying license. This provision does not prohibit a licensing authority from
initiating any action as provided by law to suspend or revoke a license for loss of
possession of the licensed premises.
G
nsider the requirements of subsection
44-3-303(1)(c)(I), C.R.S. The loss of possession of the licensed premises by the
licensee does not in itself automatically invalidate, cancel, or terminate the
underlying license. This provision does not prohibit a licensing authority from
initiating any action as provided by law to suspend or revoke a license for loss of
possession of the licensed premises.
G.
No application for a transfer of ownership may be received or acted upon by
either the state or local licensing authority if the previous licensee has
surrendered its license and had it canceled by either authority prior to submission
of the transfer application. In cases where cancellation has occurred prior to the
submission of a transfer of ownership application, the license applicant shall
follow the procedures for a new license application pursuant to section 44-3-311,
C.R.S.
H.
Transfer of alcohol beverage inventory between retail liquor store licenses, when
a selling licensee will surrender or transfer its license, pursuant to subsections
44-3-409(6) and (7), C.R.S.

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1.
As used in this paragraph (H), an “acquiring licensee” means a licensed
retail liquor store purchasing or attempting to purchase the inventory of a
selling licensee. A “selling licensee” means a licensed retail liquor store
that is surrendering its license.
2.
Transfer of a retail liquor store license and the alcohol beverage inventory
to another retail liquor store pursuant to subsections 44-3-409(6) and (7),
C.R.S.
a.
An acquiring licensee that purchases the alcohol beverage
inventory of a selling licensee, subject to approval from the state
and local licensing authorities, may also apply for a transfer of
ownership for the selling licensee’s retail liquor store license if the
acquiring licensee is eligible to obtain additional retail liquor store
licenses pursuant to subsection 44-3-409(4)(b)(iii), C.R.S.;
i
.
An acquiring licensee that purchases the alcohol beverage
inventory of a selling licensee, subject to approval from the state
and local licensing authorities, may also apply for a transfer of
ownership for the selling licensee’s retail liquor store license if the
acquiring licensee is eligible to obtain additional retail liquor store
licenses pursuant to subsection 44-3-409(4)(b)(iii), C.R.S.;
i.
Upon approval of a transfer of ownership, a separate retail
liquor store license will be issued to the acquiring licensee
pursuant to subsections 44-3-301(3)(a)(i), and 44-3-
409(6)(f)(ii), C.R.S.
3.
Transfer of a retail liquor store’s alcohol beverage inventory only:
a.
For a selling licensee that only sells its entire alcohol beverage
inventory to the acquiring licensee pursuant to subsection 44-3-
409(6), C.R.S., but does not transfer ownership of its retail liquor
store license pursuant to subsection 44-3-409(7), C.R.S., the
selling licensee’s retail liquor store license shall be considered
canceled, invalid, and surrendered. Neither the state nor local
licensing authorities shall issue a new retail liquor store license at
the location or within 1,500 feet of the location of the canceled,
invalidated, or surrendered retail liquor store license for the next
five (5) years after the date the retail liquor store license is
canceled, invalidated, or considered surrendered.
3.5
Transport of the alcohol beverage inventory
a.
The acquiring licensee must transport the alcohol beverage
inventory from the selling licensee and may only transport the
alcohol beverages to the acquiring licensee’s licensed premises or
to one of the other licensed premises owned by the acquiring
licensee.
3.6
Costs associated with the alcohol beverage inventory for purposes of
below cost sales

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nsport the alcohol beverage
inventory from the selling licensee and may only transport the
alcohol beverages to the acquiring licensee’s licensed premises or
to one of the other licensed premises owned by the acquiring
licensee.
3.6
Costs associated with the alcohol beverage inventory for purposes of
below cost sales

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a.
For the purposes of enforcing the prohibition on below-cost sales
as set forth in Regulation 47-321 and Regulation 47-322(A), the
acquiring licensee shall not sell an alcohol beverage product below
the retailer’s cost. For purposes of this regulation, the retailer's cost
is defined pursuant to subsection 44-3-409(6)(b)(II), C.R.S.
i.
The acquiring licensee shall retain records, including but not
limited to invoices or copies of invoices, showing that the
amount the selling licensee charged and the acquiring
licensee paid complied with subsection 44-3-409(6)(b)(II),
C.R.S.
4.
Notice to state and local licensing authorities
a.
Both the selling licensee and the acquiring licensee shall give
notice to the state and local licensing authorities of the sale or
transfer of the inventory not less than fifteen (15) days before the
sale occurs.
b.
For sales or transfers of alcohol beverage inventory pursuant to
subparagraph (H)(2) or (H)(3) of this regulation, prior to or at the
time of removing the acquired alcohol beverages from the selling
licensee, the acquiring licensee shall provide notice to the Division
and local licensing authority of the specific alcohol beverage
inventory transported to the licensed premises of and/or to any
other licensed premises owned by the acquiring licensee,
specifying which alcohol beverages were transported to each such
licensed premises.
5.
Notice to wholesalers and satisfaction of debt.
a
e selling
licensee, the acquiring licensee shall provide notice to the Division
and local licensing authority of the specific alcohol beverage
inventory transported to the licensed premises of and/or to any
other licensed premises owned by the acquiring licensee,
specifying which alcohol beverages were transported to each such
licensed premises.
5.
Notice to wholesalers and satisfaction of debt.
a.
The notification to every wholesaler that sold alcohol beverages to
the selling licensee within the prior four (4) months from the sale of
the alcohol beverage inventory, as required under subsection 44-3-
409(6)(d)(I), C.R.S., must occur at least thirty (30) days prior to the
alcohol beverage inventory sale. A copy of the notification provided
to the wholesaler must be submitted to the state and local licensing
authorities with the notice set forth in subsection 44-3-406(6)(c),
C.R.S.
i.
The notice to the wholesaler shall be made by certified mail,
electronic mail, or by another method agreed to in writing
between the wholesaler and selling licensee.

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b.
Within fifteen (15) business days after receiving the notice sent
pursuant to subparagraph (H)(5)(a) of this rule, a wholesaler shall
notify the acquiring licensee and the selling licensee of any
outstanding debt owed by the selling licensee to the wholesaler for
the products being sold or transferred.
c.
If an acquiring licensee receives notice of an outstanding debt
owed by the selling licensee pursuant to subparagraph (H)(5)(b) of
this rule, the acquiring licensee shall first satisfy the selling
licensee's debt with the wholesaler. The acquiring licensee shall
pay any remaining money owed for the purchased inventory after
payment has been made to any wholesalers that notified the
acquiring licensee in a manner consistent with the agreement
between the selling licensee and the acquiring licensee.
d
subparagraph (H)(5)(b) of
this rule, the acquiring licensee shall first satisfy the selling
licensee's debt with the wholesaler. The acquiring licensee shall
pay any remaining money owed for the purchased inventory after
payment has been made to any wholesalers that notified the
acquiring licensee in a manner consistent with the agreement
between the selling licensee and the acquiring licensee.
d.
If agreed to by the selling licensee and wholesaler, the selling
licensee may return all or a portion of the selling licensee's
inventory to the wholesaler from which it purchased the selling
licensee's inventory in lieu of a monetary payment to satisfy
outstanding debt owed to the wholesaler pursuant to Regulation 47-
322(G)(3)(h).
i.
Should the wholesaler accept a return of all or a portion of
the inventory of the selling licensee, the selling licensee
must report this transfer of product to the state and local
licensing authority in writing prior to or at the time that the
inventory is removed from the selling licensee.
Regulation 47-305. Transfers – Wholesaler Confirmation.
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)(C), and 44-3-
303(1)(d), C.R.S. The purpose this regulation is to provide guidance to applicants and
licensing authorities regarding statutory requirements for transfers under subsection 44-
3-303(1)(d), C.R.S., and what is satisfactory to demonstrate fulfillment of the
requirement that all wholesalers have been paid in full prior to approval of a transfer
application.
A.
In accordance with subsection 44-3-303(1)(d), C.R.S., the applicant shall deliver
a confirmation to each wholesaler licensed under this article, including brew
pubs, distillery pubs, vintner’s restaurants, and limited wineries, who has sold
alcohol beverages to the transferor-licensee within the preceding one hundred
eighty (180) calendar days, in the form and substance approved by the Division.
B
In accordance with subsection 44-3-303(1)(d), C.R.S., the applicant shall deliver
a confirmation to each wholesaler licensed under this article, including brew
pubs, distillery pubs, vintner’s restaurants, and limited wineries, who has sold
alcohol beverages to the transferor-licensee within the preceding one hundred
eighty (180) calendar days, in the form and substance approved by the Division.
B.
The confirmation may be delivered via email, so long as the applicant can prove
receipt of the email by the wholesaler. If the applicant cannot prove receipt by
email, the confirmation shall be delivered via United States mail or other common

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carrier with a minimum of a return receipt to the last known business address of
the wholesaler, attention: credit department. The confirmation shall be deemed
received by a wholesaler upon the third (3rd) day following the date on which the
confirmation is deposited in the United States mail or common carrier or the date
on the return receipt.
C.
Upon delivery of a confirmation to a wholesaler, the transferor-licensee shall not
purchase alcohol beverage on credit or accept an offer or extension of credit
from the wholesaler and shall effect payment upon delivery of the alcohol
beverage from the wholesaler. Allowed payments include cash, credit or debit
cards, check, money orders, certified check, EFT transfer, and any other method
of payment approved by the Division.
D.
A wholesaler shall have fifteen (15) business days upon receipt of a confirmation
to complete and return the confirmation to the applicant, in the same manner and
extent as specified in paragraph (B) of this regulation. If a wholesaler does not
complete and return the confirmation within the fifteen (15) business day period
of time, the wholesaler shall be deemed paid in full solely for purposes of
transferring the license.
E
en (15) business days upon receipt of a confirmation
to complete and return the confirmation to the applicant, in the same manner and
extent as specified in paragraph (B) of this regulation. If a wholesaler does not
complete and return the confirmation within the fifteen (15) business day period
of time, the wholesaler shall be deemed paid in full solely for purposes of
transferring the license.
E.
Nothing within this regulation shall prohibit or restrict a local licensing authority
from issuing a temporary permit or from processing the transfer application.
However, a transfer shall not be approved unless the transferor-licensee is in
compliance with this regulation.
F.
The applicant, transferor-licensee, and/or its agent and assign, and each
wholesaler shall act in good faith and fair dealing with each other.
Regulation 47-306. Change of Trade Name.
Basis and Purpose. The statutory authority for this regulation is located at subsections
44-3-202(1)(b) and 44-3-202(2)(a)(I)(J), C.R.S. The purpose of this regulation is to
establish guidelines of the use of a trade name and the reporting requirements for a
licensee that is changing the name or trade name of its licensed premises.
A.
No licensee shall use a new business name or trade name without submitting
written notice to the local and state licensing authorities, not less than ten (10)
days prior to the use of a new business name or trade name.
B.
Exterior signage or advertising of the business name or trade name is not
required, but if used, must accurately reflect the current business name or trade
name on file with the Division.

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o the local and state licensing authorities, not less than ten (10)
days prior to the use of a new business name or trade name.
B.
Exterior signage or advertising of the business name or trade name is not
required, but if used, must accurately reflect the current business name or trade
name on file with the Division.

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Regulation 47-307. Master Files.
Basis and Purpose. The statutory authority for this regulation includes, but is not limited
to, subsections 44-3-103, 44-3-202(1)(b), 44-3-202(2)(a)(I)(A), 44-3-202(2)(a)(I)(R), and
44-3-304(1)(d), C.R.S. The purpose of this regulation is to establish rules governing
master files, and the minimum number of locations required for master file privileges.
A.
Any person or entity seeking the issuance of a state master file pursuant to
subsection 44-3- 304(1)(b), C.R.S., shall have an interest in a minimum of five (5)
approved state licenses, pursuant to Articles 3 and/or 4 of Title 44, C.R.S.
B.
A master file applicant can meet the minimum requirements of this regulation by
having an interest in separate licensed locations, as long as there are a minimum
of five (5) total licenses approved.
C.
To maintain a state master file, once approved and established, the licensee
shall comply with subsection 44-3-301(7), C.R.S., and Regulation 47-304 as it
relates to the timely disclosure of any change in structure. Repeated failure to
comply with timely advisement to the state licensing authority shall be grounds
for the state licensing authority to suspend or revoke a licensee’s master file
privileges.
D.
Any licensed premises included in a master file must be constructed and placed
in operation within two (2) years of approval of the license in order to be
considered part of the master file.
E.
No local licensing authority shall require applicants with an approved master file
to file additional fingerprints or background investigation forms
suspend or revoke a licensee’s master file
privileges.
D.
Any licensed premises included in a master file must be constructed and placed
in operation within two (2) years of approval of the license in order to be
considered part of the master file.
E.
No local licensing authority shall require applicants with an approved master file
to file additional fingerprints or background investigation forms. Nothing in this
section shall prohibit a local licensing authority from conducting its own
investigation, or from verifying any of the information provided by the applicant,
or from denying the application of the applicant pursuant to the provisions set
forth in section 44-3-307, C.R.S.
Regulation 47-308. Repealed.
Regulation 47-309. Sports and Entertainment Venues.
Basis and Purpose. The statutory authority for this regulation includes, but is not limited
to, subsections 44-3-103, 44-3-202(1)(b), 44-3-202(2)(a)(I)(A), 44-3-202(2)(a)(I)(R), and
44-3-301(6), C.R.S. The purpose of this regulation is to establish guidelines for the sale
of alcohol beverages in sports and entertainment venues with at least one thousand five
hundred (1,500) seats.
A.
This regulation shall apply to licensees at facilities owned by a municipality,
county, or special district, or at publicly or privately owned sports and
entertainment venue with a minimum seating capacity of one thousand five
hundred (1,500) seats.

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ent venues with at least one thousand five
hundred (1,500) seats.
A.
This regulation shall apply to licensees at facilities owned by a municipality,
county, or special district, or at publicly or privately owned sports and
entertainment venue with a minimum seating capacity of one thousand five
hundred (1,500) seats.

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B.
Licensees authorized to sell alcohol beverages in these venues may sell or
provide alcohol beverages in sealed containers to adult occupants of areas within
the licensed premises that have limited public access.
C.
Licensees are otherwise responsible for any violations of the Colorado Liquor
Code within such limited public access areas and shall not prevent inspection of
the premises by any law enforcement official.
D.
The licensee shall not allow any person to bring alcohol beverages onto the
licensed premises that were not purchased from the licensee, or allow any
person to leave the licensed premises with a container of alcohol beverage that
was provided by the licensee.
Regulation 47-310. Application - General Provisions.
Basis and Purpose. The statutory authority for this regulation includes, but is not limited
to, subsections 44-3-103, 44-3-202(1)(a), 44-3-202(1)(b), 44-3-202(2)(a)(l)(A),44-3-
202(2)(a)(l)(R), 44-3-303(1)(b), 44-3-304(1), 44-3-307, and 24-5-101 C.R.S. The
purpose of this regulation is to establish requirements for a license application, and
provide factors the licensing authority must consider when evaluating an application for
approval or rejection.
A.
All applications for state licenses for the manufacture or sale of alcohol
beverages shall be made upon forms prescribed by the Division. No application
will be considered which is not complete in every material detail, or which is not
accompanied by a remittance in full for the whole amount of the annual state
license fee, and eighty five percent (85%) of the local license fee
al or rejection.
A.
All applications for state licenses for the manufacture or sale of alcohol
beverages shall be made upon forms prescribed by the Division. No application
will be considered which is not complete in every material detail, or which is not
accompanied by a remittance in full for the whole amount of the annual state
license fee, and eighty five percent (85%) of the local license fee. Each
application for a new retail license shall contain a report from the local licensing
authority of the town, city, county, or city and county, in which the applicant
proposes to conduct its business, which report shall show the opinion of the local
licensing authority concerning the reasonable requirements of the neighborhood
and the desires of the adult inhabitants with respect to the issuance of the license
applied for and the character of a new applicant.
B.
If the applicant for a license is a partnership, except as between spouses or
partners in a civil union, it shall submit with the application a certificate of co-
partnership.
C.
Upon request of any licensing authority, each applicant and licensee shall
provide suitable additional evidence of its good character and reputation, and if
otherwise required by law or regulation, the applicant shall provide evidence of
the reasonable requirements of the neighborhood and the desires of the adult
inhabitants. Applicants and licensees shall also submit upon request of any
licensing authority all required information concerning financial and management
associations and interests of other persons in the business, and the deed, lease,
contract, or other document governing the terms and conditions of occupancy of
the premises licensed or proposed to be licensed.

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submit upon request of any
licensing authority all required information concerning financial and management
associations and interests of other persons in the business, and the deed, lease,
contract, or other document governing the terms and conditions of occupancy of
the premises licensed or proposed to be licensed.

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26
D.
All information submitted to any licensing authority, by application for license or
otherwise, shall be given fully, faithfully, truthfully, and fairly. Willful or deliberate
misrepresentation may result in a denial or revocation of a license.
E.
When a licensing authority is required to make a determination as to the
character, record, and reputation of existing licensees or applicants for new
licenses, including transfers of ownership of existing licenses, the authority may
consider the following factors, which may include but are not to be limited to the
following:
1.
Subject to section 24-5-101, C.R.S., the applicant or licensee has
knowingly submitted false applications, made willful misrepresentations,
and/or knowingly committed fraudulent acts;
2.
The applicant or licensee has a criminal history of crimes of moral
turpitude. By way of example, crimes of moral turpitude shall include but
not be limited to, fraud, forgery, murder, burglary, robbery, arson,
kidnapping, sexual assault, illegal drugs, or narcotics convictions;
3.
The applicant or licensee has had previous alcohol beverage licenses
denied or revoked as a result of violations of law, resulting in a finding of
bad moral character by any licensing authority;
4.
The applicant or licensee has been found to be currently delinquent in the
payment of any state or local taxes related to a business;
5.
The applicant or licensee has an established pattern of multiple statutory
violations which resulted in the revocation or denial of any other
professional license; and
6
olations of law, resulting in a finding of
bad moral character by any licensing authority;
4.
The applicant or licensee has been found to be currently delinquent in the
payment of any state or local taxes related to a business;
5.
The applicant or licensee has an established pattern of multiple statutory
violations which resulted in the revocation or denial of any other
professional license; and
6.
The finding of a person who is not of good moral character by any
licensing authority.
F.
When making a determination as to the character or good moral character of a
licensee or applicant as required by Title 44, Articles 3, 4 and 5, the licensing
authority shall also consider the factors set forth in section 24-5-101, C.R.S.
G.
When a licensing authority is required to make a determination as to the
character or good moral character of a licensee or applicant for license, in
addition to the items listed in subsection 24-5- 101(2)(b), C.R.S., the authority
may not consider the following:
1.
The applicant or licensee had a civil or criminal judgment, discipline, or
other sanction threatened or imposed under the laws of another state
regarding consumption, possession, cultivation, or processing of
marijuana that is lawful and consistent with the professional conduct and
standards of care within the State of Colorado.

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27
H.
When considering whether the applicant for a special event permit is of good
moral character and record, the state or local licensing authority shall determine,
at a minimum, whether the applicant failed to conduct past special events in
compliance with applicable liquor laws. Officers of the organization or of a
political candidate making an application shall not be required to submit
individual history applications and fingerprint cards unless the state or local
licensing authority determines that such information is necessary to establish the
good moral character of the applicant.
I
cant failed to conduct past special events in
compliance with applicable liquor laws. Officers of the organization or of a
political candidate making an application shall not be required to submit
individual history applications and fingerprint cards unless the state or local
licensing authority determines that such information is necessary to establish the
good moral character of the applicant.
I.
A municipality or other governmental entity that applies for a license, or to renew
a license, shall submit with the application the name, address, and individual
history record of at least one member of its governing body, or at least one
person hired or appointed by its governing body, to serve as an officer or
director; except that, pursuant to subsection 44-3-107(1), C.R.S., a person who
has an interest in a liquor license may not be listed as an officer or director on a
license owned, or to be owned, by a municipality or other governmental entity if
that person individually manages or receives any direct financial benefit from the
operation of such license. If the governing body of a municipality or other
governmental entity hires or appoints more than one officer or director, the name,
address and individual history record of each such officer or director shall be
submitted with the application.
Regulation 47-311. Public Transportation System License.
Basis and Purpose. The statutory authority for this regulation includes, but is not limited
to, subsections 44-3-103, 44-3-202(1)(b), 44-3-202(2)(a)(I)(A), and 44-3-202(2)(a)(I)(R),
C.R.S. The purpose of this regulation is to make clear that under the specified
circumstances a commercial airline must apply for and receive a public transportation
system license.
In addition to any public system transportation licenses issued for a permanent licensed
premises, a commercial airline shall apply for and receive a public system transportation
license for an airplane if any of the following conditions are met:
A
ulation is to make clear that under the specified
circumstances a commercial airline must apply for and receive a public transportation
system license.
In addition to any public system transportation licenses issued for a permanent licensed
premises, a commercial airline shall apply for and receive a public system transportation
license for an airplane if any of the following conditions are met:
A.
Alcohol beverages are sold or served while the airplane is stationary anywhere in
the State of Colorado; or
B.
Alcohol beverages are purchased from a Colorado Wholesaler; or
C.
Alcohol beverages are stored on the airplane for more than twenty-four (24)
hours while in the State of Colorado.

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Regulation 47-312. Change of Location.
Basis and Purpose. The statutory authority for this regulation includes, but is not limited
to, subsections 44-3-103, 44-3-202(1)(b), 44-3-202(2)(a)(I)(A), 44-3-202(2)(a)(I)(D), 44-
3-202(2)(a)(I)(R), 44-3-301(9), 44-3-309, and 44-3-410, C.R.S. The purpose of this
regulation is to establish procedures for a licensee requesting to change the location of
the licensed premises and provide factors the licensing authority must consider when
evaluating a change for approval or rejection.
A.
When a licensee desires to change the location of its licensed premises from the
location named in an existing license, it shall make application to the applicable
licensing authorities for permission to change location of its licensed premises,
except that an application for change of location shall not be required for the
demolition and reconstruction of the building in which the original licensed
premises was located.
B.
Applications to change location shall be made upon forms prepared by the state
licensing authority and shall be complete in every detail
licensing authorities for permission to change location of its licensed premises,
except that an application for change of location shall not be required for the
demolition and reconstruction of the building in which the original licensed
premises was located.
B.
Applications to change location shall be made upon forms prepared by the state
licensing authority and shall be complete in every detail. Each such application
shall state the reason for such change, and in case of a retail license, shall be
supported by evidence that the proposed change will not conflict with the desires
of the adult inhabitants and the reasonable requirements of the neighborhood in
the vicinity of the new location.
1.
An application to change the location of a retail license shall contain a
report of the applicable local licensing authority. Such report shall describe
the findings of the local licensing authority concerning the reasonable
requirements of the neighborhood and the desires of the adult inhabitants
with respect to the new location, except that, pursuant to subsection 44-3-
312(2)(a), C.R.S., the needs of the neighborhood shall not be considered
for a change of location for a club license.
2.
When a licensee is required by lease, lease renewal, condemnation, or
reconstruction to move its licensed premises to a new address that is
located within the same shopping center, campus, fairground, or similar
retail center, the local or state licensing authority may, at its discretion,
waive the neighborhood needs and desires assessment requirements
should it determine that the new location remains within the same
neighborhood as the old location.
C.
For retail licenses, no change of location shall be permitted until the state
licensing authority has, after approval of the local licensing authority, considered
the application and such additional information as it may require, and approved
of such change
eds and desires assessment requirements
should it determine that the new location remains within the same
neighborhood as the old location.
C.
For retail licenses, no change of location shall be permitted until the state
licensing authority has, after approval of the local licensing authority, considered
the application and such additional information as it may require, and approved
of such change. The licensee shall, within sixty (60) days of approval from the
state licensing authority, change the location of its licensed premises to the
location specified therein. Once at the new location, the licensee shall no longer
conduct the manufacture or sale of alcohol beverages at the former location. A
local licensing authority may, at its discretion, extend the time to change the

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29
location of the licensed premises, for good cause shown. However, no extension
that is beyond twelve (12) months from the original date of approval shall be
granted.
D.
For those licensees not subject to approval by the local licensing authority, no
change of location shall be permitted until the state licensing authority has
considered the application, and such additional information as it may require, and
approved of such change. The licensee shall, within sixty (60) days of approval,
change the location of its licensed premises to the place specified therein. Once
at the new location, the licensee shall no longer conduct the manufacture or sale
of alcohol beverages at the former location. The state licensing authority may, at
its discretion, extend the time to change the location for good cause shown.
However, no extension that is beyond twelve (12) months from the original date
of approval shall be granted.
E.
Once the licensee has changed the location of its licensed premises, the permit
to change location shall be conspicuously displayed at the new location,
immediately adjacent to the license to which it pertains until the license is
renewed.
F
e to change the location for good cause shown.
However, no extension that is beyond twelve (12) months from the original date
of approval shall be granted.
E.
Once the licensee has changed the location of its licensed premises, the permit
to change location shall be conspicuously displayed at the new location,
immediately adjacent to the license to which it pertains until the license is
renewed.
F.
For retail licenses, no change of location shall be allowed except to another
location within the same city, town, county, or city and county in which the license
was originally issued. Except, a retail liquor store licensed on or before January
1, 2016, may apply to move its permanent location to another place within or
outside the municipality or county in which the license was originally granted.
Once approved, the retail liquor store licensee shall change the location of its
premises within three (3) years after such approval.
1.
A change of location for a fermented malt beverage and wine retailer or
retail liquor store will be approved only if the new location satisfies the
distance requirements in subsections 44-3-301(9)(a)(I)(B)-(C), C.R.S.
2.
It is unlawful for a licensee to sell any alcohol beverage at a new location
until permission is granted by the state and local licensing authorities.
G.
Upon application for change of location, public notice shall be required by the
local licensing authority in accordance with section 44-3-311, C.R.S.
H.
A licensee located within 500 feet from any public or parochial school or principal
campus of any college, university, or seminary may apply for a change of
location within the same prohibited area, in accordance with the requirements of
subsection 44-3-301(9), C.R.S., but may not apply for a change of location within
any other prohibited area as defined within section 44-3-313, C.R.S.
I
C.R.S.
H.
A licensee located within 500 feet from any public or parochial school or principal
campus of any college, university, or seminary may apply for a change of
location within the same prohibited area, in accordance with the requirements of
subsection 44-3-301(9), C.R.S., but may not apply for a change of location within
any other prohibited area as defined within section 44-3-313, C.R.S.
I.
A licensee that is in lawful possession of its alcohol beverage inventory at the
time it receives approval from the local and/or state licensing authorities to
change the location of its licensed premises may continue to possess its alcohol
beverage inventory for sale at the new location.

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J.
Pursuant to subsection 44-3-410(8)(b)(I), C.R.S., the state and local licensing
authorities shall not approve the change of location for a liquor licensed
drugstore licensed pursuant to section 44-3-410, C.R.S., except that, pursuant to
subsection 44-3-410(8)(b)(II), C.R.S., the state and local licensing authorities
may approve a change of location for a liquor licensed drugstore license that was
issued to an independent pharmacy, as defined in subsection 44-3-103(21.3),
C.R.S., before January 1, 2025.
Regulation 47-313. Tastings.
Basis and Purpose. The statutory authority for this regulation includes, but is not limited
to, subsections 44-3-103, 44-3-202(1)(b), 44-3-202(2)(a)(I)(A), 44-3-202(2)(a)(I)(R), 44-
3-301(10), 44-3-409(1)(c)(III), and 44-4-104(1)(c)(I)(A), C.R.S. The purpose of this
regulation is to clarify who may conduct tastings and how open and unconsumed
samples must be appropriately treated after a tasting. This regulation applies only to
tastings conducted on the licensed premises of retail liquor stores, liquor-licensed
drugstores, and fermented malt beverage and wine retailers pursuant to subsections
44-3-301(10), 44-3-409(1)(c)(III), and 44-4-104(1)(c)(I)(A), C.R.S.
A.
Tastings.
1
o clarify who may conduct tastings and how open and unconsumed
samples must be appropriately treated after a tasting. This regulation applies only to
tastings conducted on the licensed premises of retail liquor stores, liquor-licensed
drugstores, and fermented malt beverage and wine retailers pursuant to subsections
44-3-301(10), 44-3-409(1)(c)(III), and 44-4-104(1)(c)(I)(A), C.R.S.
A.
Tastings.
1.
A tasting shall be conducted only by a person who has completed seller-
server training that meets the standards established by the Division, and
is:
a.
A retail liquor store, liquor-licensed drugstore, or fermented malt
beverage and wine retailer licensee or employee; or
b.
A representative, employee, or agent of one of the following
suppliers licensed by the state licensing authority:
i.
Wholesaler;
ii.
Brew pub;
iii.
Distillery pub;
iv.
Manufacturer;
v.
Limited winery;
vi.
Importer; or
vii.
Vintner’s restaurant.

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B.
Following a tasting, the licensee shall promptly remove all open and unconsumed
alcohol beverage samples from the licensed premises, destroy the samples
immediately following the completion of the tasting, or store any open containers
of unconsumed alcohol beverages in a secure area outside the sales area of the
licensed premises for use only at a tasting conducted at a later time or date. A
secure area means:
1.
A designated area, including, but not limited to, a closet, cabinet, or safe;
2.
That is upon the licensed premises and not accessible to consumers; and
3.
Is secured by a locking mechanism at all times while any open containers
of unconsumed alcohol beverages are stored for use at a future tasting.
C
sed premises for use only at a tasting conducted at a later time or date. A
secure area means:
1.
A designated area, including, but not limited to, a closet, cabinet, or safe;
2.
That is upon the licensed premises and not accessible to consumers; and
3.
Is secured by a locking mechanism at all times while any open containers
of unconsumed alcohol beverages are stored for use at a future tasting.
C.
To ensure alcohol samples are provided to a patron free of charge, as required
by subsection 44-3-301(10)(c)(X), C.R.S., the licensee shall not charge or accept
any money for a tasting, directly or indirectly, including for any education
provided in connection with a tasting, or to reserve a spot at a tasting event,
regardless of whether the money charged is donated to a charity or is refunded.
Education shall not be considered to be provided in connection with a tasting if
the tasting occurs after the education event has concluded and is available to
any adult patron of the licensee, free of charge.
D.
To comply with the obligation not to serve more than four individual samples to a
patron during a tasting, as required by subsection 44-3-301(10)(c)(IX), C.R.S.,
the licensee shall implement a means of tracking how many samples each patron
is provided, which may include the use of a wristband, or other means of
accurately tracking individual patron consumption.
E.
To comply with the obligation not to serve samples to a patron over the maximum
allowed volume per alcohol type, as required by subsection 44-3-
301(10)(c)(I)(B)(III), C.R.S., a licensee serving alcohol beverages mixed with
non-alcohol beverage product shall either:
1.
Serve no more than the maximum allowed volume per alcohol type, per
sample, of a premixed beverage, if the mixing of the alcohol is not done in
public view during the tasting event; or
2.
Mix the alcohol beverage with the non-alcohol beverage in public view
during the tasting event, wherein only the maximum allowable amount of
alcohol beverage is incorporated into each mixed drink, per sample.
1.
Serve no more than the maximum allowed volume per alcohol type, per
sample, of a premixed beverage, if the mixing of the alcohol is not done in
public view during the tasting event; or
2.
Mix the alcohol beverage with the non-alcohol beverage in public view
during the tasting event, wherein only the maximum allowable amount of
alcohol beverage is incorporated into each mixed drink, per sample.

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Regulation 47-314. Limited Liability Company.
Basis and Purpose. The statutory authority for this regulation includes, but is not limited
to, subsections 44-3-103, 44-3-202(1)(b), 44-3-202(2)(a)(I)(A), 44-3-202(2)(a)(I)(J), 44-
3-202(2)(a)(I)(R), and 44-3-307(1), C.R.S. The purpose of this regulation is to establish
reporting and disclosure requirements for the identification of a limited liability
company’s managers, and applicable members and their relevant financial interests in
order to promote transparency and avoid violations of statutorily prohibited overlapping
financial interests.
A.
A Limited Liability Company may conduct any business that a partnership with
limited partners may lawfully conduct and may not conduct any business that is
prohibited by law to such partnership.
B.
Each Limited Liability Company licensed pursuant to Articles 3 or 4, of Title 44,
shall report changes of any of its managers, or members having a ten percent
(10%) or more interest in the license, except that any transfer of a controlling
interest shall be reported regardless of its size, within thirty (30) days from the
date of the change, and shall submit said information to the respective local or
state licensing authorities on forms approved by the Division.
Regulation 47-315. Entertainment Facility License.
Basis and Purpose
s having a ten percent
(10%) or more interest in the license, except that any transfer of a controlling
interest shall be reported regardless of its size, within thirty (30) days from the
date of the change, and shall submit said information to the respective local or
state licensing authorities on forms approved by the Division.
Regulation 47-315. Entertainment Facility License.
Basis and Purpose. The statutory authority for this regulation includes, but is not limited
to, subsections 44-3-103(15.5), 44-3-202(1)(b), 44-3-202(2)(a)(I)(A), 44-3-
202(2)(a)(I)(C), 44-3-202(2)(a)(I)(L), 44-3-202(2)(a)(I)(R), and 44-3-428, C.R.S. The
purpose of this regulation is to describe those sports and entertainment activities which
qualify an establishment as an entertainment facility. Additionally, the purpose of this
regulation is to describe how to determine the primary business of an entertainment
facility.
A.
In addition to other statutory requirements, an entertainment facility license may
be issued to a qualifying entertainment facility.
1.
An “entertainment facility” means an establishment:
a.
In which the primary business is to provide the public with sports or
entertainment activities within its licensed premises; and
b.
That, incidental to its primary business, sells and serves alcohol
beverages at retail for consumption on the licensed premises and
has sandwiches and light snacks available for consumption on the
licensed premises.
B.
To qualify as an entertainment facility, the applicant or entertainment licensee
must demonstrate that its primary business is to provide qualifying sports or
entertainment activities within its licensed premises.

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nsed premises and
has sandwiches and light snacks available for consumption on the
licensed premises.
B.
To qualify as an entertainment facility, the applicant or entertainment licensee
must demonstrate that its primary business is to provide qualifying sports or
entertainment activities within its licensed premises.

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33
1.
To qualify as a sports activity, the activity must provide the public with an
opportunity to participate in, or to observe others who participate in, an
activity such as a game, recreation, team or individual sport, or an activity
of a similar nature. Examples of qualifying sports activities include, but are
not limited to, the following:
a.
Arcade games;
b.
Billiards;
c.
Bowling;
d.
Golf; or
e.
Laser tag.
2.
To qualify as an entertainment activity, the activity must provide the public
with an opportunity to participate in or observe others who participate in an
activity that is primarily artistic, cultural, educational, or entertaining, or an
activity of a similar nature. Examples of qualifying entertainment activities
include, but are not limited to, the following:
a.
Artistic exhibitions, films, or performances;
b.
Arts and crafts classes;
c.
Cooking classes;
d.
Amusement rides; or
e.
Spa experiences.
i.
For purposes of this regulation, to qualify as a “spa
experience” the facility must offer at least three (3) of the
following treatments and experiences:
A.
Facials;
B.
Massage therapy;
C.
Skin treatment;
D.
Body wraps; or
E.
Body waxing.
3.
The following activities shall not qualify as sports or entertainment
activities for purposes of an entertainment facility:

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a “spa
experience” the facility must offer at least three (3) of the
following treatments and experiences:
A.
Facials;
B.
Massage therapy;
C.
Skin treatment;
D.
Body wraps; or
E.
Body waxing.
3.
The following activities shall not qualify as sports or entertainment
activities for purposes of an entertainment facility:

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34
a.
Any activity not described in subparagraphs (B)(1) or (B)(2) of this
regulation; and
b.
Shopping for or receiving goods or personal services, including but
not limited to hair care or nail care services.
C.
An activity that would otherwise qualify under subparagraphs (B)(1) and (B)(2) of
this regulation, shall not qualify if the activity involves the use of a deadly weapon
as defined by subsection 18-1901(3)(e), C.R.S., or creates a substantial health
and safety risk to any person.
D.
Determining the primary business of an entertainment facility.
1.
To satisfy the requirement that the primary business of an entertainment
facility is to provide the public with sports or entertainment activities, and
that serving and selling alcohol beverages is incidental thereto, the
entertainment facility’s annual gross revenues from the sale of sports or
entertainment activities must exceed fifty (50) percent of the entertainment
facility’s total annual gross sales revenues.
Regulation 47-316. Advertising Practices
Basis and Purpose. The statutory authority for this regulation includes, but is not limited
to, subsections 44-3-103, 44-3-202(1)(b), 44-3-202(2)(a)(I)(A), 44-3-202(2)(a)(I)(G), 44-
3-202(2)(a)(I)(O), 44-3-202(2)(a)(I)(R), 44-3-308, 44-3-409(2)(a)(II)(B), 44-3-
410(2)(a)(II)(B), and 44-4-107(4)(a)(II), C.R.S. The purpose of this regulation is to
establish certain permitted and prohibited advertising practices between suppliers and
retailers.
A.
Consumer Advertising Specialties
1
limited
to, subsections 44-3-103, 44-3-202(1)(b), 44-3-202(2)(a)(I)(A), 44-3-202(2)(a)(I)(G), 44-
3-202(2)(a)(I)(O), 44-3-202(2)(a)(I)(R), 44-3-308, 44-3-409(2)(a)(II)(B), 44-3-
410(2)(a)(II)(B), and 44-4-107(4)(a)(II), C.R.S. The purpose of this regulation is to
establish certain permitted and prohibited advertising practices between suppliers and
retailers.
A.
Consumer Advertising Specialties
1.
“Consumer advertising specialties” shall mean those items primarily
designed to advertise or promote a specific alcohol beverage brand or
supplier, that are intended and designed to be carried away by the
consumer, and that have negligible value. Consumer advertising
specialties are considered to be of negligible value if the suppliers’ cost to
purchase the consumer advertising specialties is less than ten (10) dollars
per item. Apparel items are considered to be of negligible value if the
suppliers’ cost to purchase a single apparel item is less than twenty-five
(25) dollars per item. For purposes of this regulation, glassware, plates,
and barware such as jiggers, bar tins, and utensils do not qualify as
consumer advertising specialties.
2.
Suppliers may provide consumer advertising specialties of negligible value
free of charge to a licensed retailer, so long as the consumer advertising
specialties contain an advertising message that promotes the supplier or
their products, and do not contain any information, markings, or logos that
are specific to a retailer.

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s may provide consumer advertising specialties of negligible value
free of charge to a licensed retailer, so long as the consumer advertising
specialties contain an advertising message that promotes the supplier or
their products, and do not contain any information, markings, or logos that
are specific to a retailer.

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35
3.
Consumer advertising specialties that contain any information, markings,
or logos specific to a licensed retailer may not be provided free of charge,
but must be purchased by a retailer at a minimum of the supplier’s cost.
4.
Licensees must have available for inspection those customary business
records that verify these transactions, in accordance with section 44-3-
701, C.R.S., and for the time frame specified in Regulation 47-700.
B.
Point-of-Sale Advertising
1.
“Point-of-sale advertising” shall mean alcohol beverage brand-specific or
supplier-specific promotional materials, within a retailer’s licensed
premises. Such items may also include a retailer’s name and address.
2.
Suppliers may provide the following point-of-sale advertising materials of
negligible value to licensed retailers free of charge for use within retail
premises: display decorations of negligible value, table tents, table tent
holders, sports schedules and brackets, case cards, serving trays,
condiment trays, bar utensil caddies, stir rods, strainers, presses, check
and credit card holders, shakers, pitchers, table mats, bar mats, alcohol
beverage lists or menus, menu cards, menu holders, calendars, napkins,
napkin holders, coasters, stir sticks, and similar items of negligible value,
as approved by the Division.
3.
A supplier may advertise, within a retailer’s licensed premises, alcohol
beverage products, consumer mail-in rebate offers, consumer giveaways,
sweepstakes, contests, and cross promotions with non-alcohol beverage
products. Suppliers may also provide contest and sweepstakes
information and consumer entry forms.
4
, stir sticks, and similar items of negligible value,
as approved by the Division.
3.
A supplier may advertise, within a retailer’s licensed premises, alcohol
beverage products, consumer mail-in rebate offers, consumer giveaways,
sweepstakes, contests, and cross promotions with non-alcohol beverage
products. Suppliers may also provide contest and sweepstakes
information and consumer entry forms.
4.
Supplier Rebates for Consumers and Supplier Coupons
Supplier rebates and coupons, as contemplated in this regulation, are a
permitted method of alcohol beverage product promotion if they are
intended to reach the consumer through permitted advertising practices,
and to provide the consumer with a direct financial benefit through the
redemption process. Rebates and coupons may not be used as a means
of financial assistance to licensed retailers or as a means to influence or
control a retailer’s product selection.
a.
A supplier’s “consumer rebate” provides a consumer with cash
back after the consumer has purchased a supplier’s product and
has provided proof of product purchase upon redemption to the
supplier. The retailer may not act as an intermediary for the supplier
or the consumer.

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36
i.
A supplier may provide consumer rebate certificates to
consumers through point-of-sale advertising (such as tear
pads, shelf talkers, case cards, or other point-of-sales
materials), package inserts, or other printed or electronic
media. Suppliers are prohibited from providing their
consumer rebate certificates directly to licensed retailers
including, but not limited to, through the use of a retailer’s
bona fide loyalty or reward program or on the retailer’s
website or mobile application.
ii.
A supplier’s consumer rebate certificate may not be
redeemed through a licensed retailer.
b
inserts, or other printed or electronic
media. Suppliers are prohibited from providing their
consumer rebate certificates directly to licensed retailers
including, but not limited to, through the use of a retailer’s
bona fide loyalty or reward program or on the retailer’s
website or mobile application.
ii.
A supplier’s consumer rebate certificate may not be
redeemed through a licensed retailer.
b.
A supplier’s “instant redeemable coupon” provides a consumer with
a discount off of the retailer’s selling price of an alcohol beverage
product, at the time it is redeemed through a licensed retailer.
i.
Licensed retailers may redeem suppliers’ instant redeemable
coupons only after they have been made available by
suppliers to consumers through general print or electronic
media directed at the consumer; package inserts; or, a
supplier’s representative or agent, who is not the retailer or
their agent, who is providing coupons to consumers at the
retail premises for the purpose of product promotion.
ii.
Licensed retailers are prohibited from accepting and
redeeming any supplier-issued instant redeemable coupons
unless redemption included presentation of the coupon by a
consumer with the purchase of the product advertised
therein, or in accordance with other applicable redemption
rules specified by the supplier or their marketing agents.
Licensed retailers are also prohibited from providing a
supplier’s instant redeemable coupon through the retailer’s
bona fide loyalty or reward program, or on the retailer’s
mobile application or website.
iii.
Suppliers are prohibited from providing their instant
redeemable coupons directly to licensed retailers, including,
but not limited to, through the use of a retailer’s bona fide
loyalty or reward program or on the retailer’s mobile
application or website.
iv.
Suppliers shall not directly reimburse licensed retailers for
suppliers’ instant redeemable coupons
er’s
mobile application or website.
iii.
Suppliers are prohibited from providing their instant
redeemable coupons directly to licensed retailers, including,
but not limited to, through the use of a retailer’s bona fide
loyalty or reward program or on the retailer’s mobile
application or website.
iv.
Suppliers shall not directly reimburse licensed retailers for
suppliers’ instant redeemable coupons. Reimbursement for
the amount of the redeemed coupons must be paid to the
retailer through a third party that is independent from the
supplier and the retailer.

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37
v.
Retailers must have available for inspection, applicable
business and banking records that verify these transactions,
in accordance with section 44-3-701, C.R.S., and for the
time frame specified in Regulation 47-700. Verification may
include the retailer’s reconciliation of coupons redeemed to
related products sold to consumers.
vi.
Suppliers may provide suppliers’ instant redeemable
coupons available to the public through general print or
electronic media directed at the consumer; package inserts;
or through a supplier’s representative or agent, who is
providing coupons to the consumers at the retail premises
for the purpose of product promotion. Suppliers may also
provide their instant redeemable coupons packaged with, or
attached to, each individual product before such products
are delivered to a licensed retailer.
5.
Supplier Sponsored Consumer Contests and Related Displays
A supplier may advertise, within retail premises, alcohol beverage
products, via consumer mail-in rebate offers, consumer give-a-ways,
sweepstakes, contests, and cross promotions with non-alcohol beverage
products. Suppliers may also provide contest and sweepstakes
information and consumer entry forms
re delivered to a licensed retailer.
5.
Supplier Sponsored Consumer Contests and Related Displays
A supplier may advertise, within retail premises, alcohol beverage
products, via consumer mail-in rebate offers, consumer give-a-ways,
sweepstakes, contests, and cross promotions with non-alcohol beverage
products. Suppliers may also provide contest and sweepstakes
information and consumer entry forms. Further, suppliers may provide
items to be given away in a consumer give-a-way, sweepstake, or contest,
to a retailer with the purpose of the item being displayed in the retail
licensed premises during the contest period, subject to the regulations
below, to be given away in a consumer give-away, sweepstake or contest.
For consumer give-a-ways, sweepstake or contests, (collectively
“Consumer Contest”) the following regulations shall apply:
a.
No item provided as part of a Consumer Contest may be awarded
to, received by or otherwise kept by the licensee or any of the
licensee’s employees or an employee’s immediate or extended
family members.
b.
No item provided as part of a Consumer Contest may be awarded
to, received by or otherwise kept by a supplier licensee that is
providing alcohol beverage products to the retail licensee or any of
the supplier licensee’s employees or any supplier licensee’s
employee’s immediate or extended family members.
c.
Any item(s) to be given away in a Consumer Contest must be
awarded and given to the winning consumer within the time
afforded by this regulation. Otherwise the item(s) must be returned

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l licensee or any of
the supplier licensee’s employees or any supplier licensee’s
employee’s immediate or extended family members.
c.
Any item(s) to be given away in a Consumer Contest must be
awarded and given to the winning consumer within the time
afforded by this regulation. Otherwise the item(s) must be returned

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38
to the supplier who will be responsible for awarding the item(s) to
the winner.
d.
If the actual item(s) that is(are) part of the Consumer Contest are
delivered to the retail license premises with the intention of
displaying the item during the contest period, the item(s) shall be
delivered together with an invoice made out to the retail licensee for
not less than the actual cost of the item(s). The retail licensee shall
be responsible for and required to pay the invoice cost for the item
unless the retail licensee can establish to the satisfaction of the
Division that the item(s) was(were) in fact presented to the winning
consumer in accordance with the rules of the Consumer Contest.
Both the retail licensee and the supplier of the item shall each
maintain in their respective records proof establishing that the
item(s) was(were) delivered to the winning consumer. Such records
shall include but not be limited to a signed acknowledgement of
receipt of the item(s) by the winning consumer which
acknowledgment shall include a va

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## Nearby sections

- [1 CCR 203-1 COLORADO CIGARETTE, TOBACCO PRODUCT, AND NICOTINE PRODUCT RETAILER RULES](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_1_CCR_203_1.md)
- [1 CCR 203-2 COLORADO LIQUOR RULES](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_1_CCR_203_2.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_1_CCR_203_2. Check the current official text before relying on it. Not legal advice.