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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0067.02 Jery Payne x2157 HOUSE BILL 26-1190
House Committees Senate Committees
Business Affairs & Labor
A BILL FOR AN ACT
CONCERNING THE AUTHORITY OF ALCOHOL BEVERAGE101
MANUFACTURERS TO PROVIDE AN ALCOHOL BEVERAGE TO102
CUSTOMERS.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill creates an expanded sales room permit, which authorizes
a manufacturer, limited winery, or wholesaler that manufactures beer
(producer) to:
! Operate a restaurant at the producer's sales room; or
! Sell or provide alcohol beverages that are not manufactured
HOUSE SPONSORSHIP
Soper and Martinez,
SENATE SPONSORSHIP
Lindstedt,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
by the permit holder by the drink for consumption at the
sales room if the alcohol beverage is a craft product.
A producer must obtain a separate expanded sales room permit for
each location. To obtain an expanded sales room permit, a producer must
apply to the state licensing authority. To operate an expanded sales room,
the producer must:
! Have sandwiches and light snacks available for
consumption on the premises; and
! Not sell at the sales room the authorized alcohol beverages
in an amount in excess of 50% of the total sales of alcohol
beverages.
The state licensing authority will establish the application fee for
an expanded sales room permit.
The bill authorizes a vintner's restaurant licensee to sell and ship
wine directly to an individual who has joined a winery club. To create a
winery club, the vintner's restaurant licensee must obtain and retain, for
as long as the club is active, each member's name, address, and age and
a record of how the member's age was verified. To join a winery club, an
individual must apply to the vintner's restaurant that created the winery
club. To ship wine to an address, a vintner's restaurant licensee must
verify the recipient is a member of the club and that the delivery address
is the same address on file for the member.
Under current law, a distillery pub licensee may sell its spirits at
wholesale in an amount up to 2,700 liters per product per year. The bill
raises the limit to 8,100 liters per product per year.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 44-3-103, add (11.7)2
and (11.8) as follows:3
44-3-103. Definitions.4
As used in this article 3 and article 4 of this title 44, unless the5
context otherwise requires:6
(11.7) "CRAFT PRODUCER" MEANS A MANUFACTURER OF ALCOHOL7
BEVERAGES THAT PRODUCES NO MORE THAN THE FOLLOWING AMOUNT OF8
THE SPECIFIED ALCOHOL BEVERAGE PER CALENDAR YEAR:9
(a) ONE HUNDRED THOUSAND GALLONS, WHICH IS APPROXIMATELY10
THREE HUNDRED SEVENTY-EIGHT THOUSAND FIVE HUNDRED FORTY-ONE11
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LITERS, OR LESS OF VINOUS SPIRITS;1
(b) T WO HUNDRED FORTY THOUSAND GALLONS , WHICH IS2
APPROXIMATELY NINE HUNDRED EIGHT THOUSAND FOUR HUNDRED3
NINETY-EIGHT LITERS, OR LESS OF MALT LIQUORS OR HARD CIDER; OR4
(c) EIGHT HUNDRED SEVENTY-FIVE THOUSAND LITERS, WHICH IS5
APPROXIMATELY TWO HUNDRED THIRTY -ONE THOUSAND GALLONS , OR6
LESS OF SPIRITUOUS LIQUORS.7
(11.8) "C RAFT PRODUCT " MEANS AN ALCOHOL BEVERAGE8
PRODUCED BY A CRAFT PRODUCER.9
SECTION 2. In Colorado Revised Statutes, 44-3-422, amend10
(1)(a); and add (6) as follows:11
44-3-422. Vintner's restaurant license - shipping to winery12
club members.13
(1) (a) A vintner's restaurant license may be issued to a person14
operating a vintner's restaurant and also selling alcohol beverages for15
consumption on the premises. S UBJECT TO SUBSECTION (6) OF THIS16
SECTION, A VINTNER'S RESTAURANT MAY SELL AND SHIP VINOUS LIQUORS17
DIRECTLY ONLY TO AN INDIVIDUAL WHO HAS JOINED A WINERY CLUB.18
(6) (a) A VINTNER 'S RESTAURANT LICENSEE MAY CREATE A19
WINERY CLUB ASSOCIATED WITH THE VINTNER'S RESTAURANT. TO CREATE20
A WINERY CLUB, THE VINTNER'S RESTAURANT LICENSEE MUST OBTAIN AND21
RETAIN, FOR AS LONG AS THE CLUB IS ACTIVE AND FOR EACH CURRENT22
MEMBER OF THE CLUB, THE MEMBER'S NAME, ADDRESS, AND AGE AND A23
RECORD OF HOW THE MEMBER'S AGE WAS VERIFIED.24
(b) TO JOIN A WINERY CLUB, AN INDIVIDUAL MUST:25
(I) P ROVIDE THE VINTNER 'S RESTAURANT LICENSEE WITH THE26
APPLICANT'S NAME, ADDRESS, AND AGE; AND27
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(II) PROVIDE PROOF OF AGE AND IDENTITY.1
(c) T O SHIP VINOUS LIQUORS DIRECTLY TO AN ADDRESS, A2
VINTNER'S RESTAURANT LICENSEE MUST VERIFY THAT THE INDIVIDUAL3
WHO ORDERED THE WINE IS A MEMBER OF THE WINERY CLUB OF THE4
VINTNER'S RESTAURANT AND THAT THE DELIVERY ADDRESS IS THE SAME5
ADDRESS ON FILE FOR THE CLUB MEMBER.6
(d) T HIS SUBSECTION (6) DOES NOT AUTHORIZE A VINTNER 'S7
RESTAURANT LICENSEE TO SHIP VINOUS LIQUORS DIRECTLY TO AN8
ADDRESS UNLESS THE VINOUS LIQUORS ARE MANUFACTURED BY A9
VINTNER'S RESTAURANT LICENSEE ON THE LICENSED PREMISES.10
SECTION 3. In Colorado Revised Statutes, 44-3-402, add (8) as11
follows:12
44-3-402. Manufacturer's license - sales rooms - expanded13
sales room permit - rules.14
(8) (a) (I) T HE STATE LICENSING AUTHORITY MAY ISSUE AN15
EXPANDED SALES ROOM PERMIT TO A MANUFACTURER LICENSED16
PURSUANT TO THIS SECTION. IF A MANUFACTURER OBTAINS AN EXPANDED17
SALES ROOM PERMIT PURSUANT TO THIS SUBSECTION (8), THE18
MANUFACTURER MAY:19
(A) O PERATE A RESTAURANT AT THE MANUFACTURER 'S SALES20
ROOM; OR21
(B) S ELL OR PROVIDE ALCOHOL BEVERAGES THAT ARE NOT22
MANUFACTURED BY THE PERMIT HOLDER BY THE DRINK FOR CONSUMPTION23
AT THE SALES ROOM IF THE ALCOHOL BEVERAGE IS A CRAFT PRODUCT.24
(II) A MANUFACTURER MUST OBTAIN A SEPARATE EXPANDED25
SALES ROOM PERMIT FOR EACH LOCATION WHERE ACTIVITIES THAT ARE26
AUTHORIZED BY THIS SUBSECTION (8) OCCUR.27
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(III) TO OBTAIN AN EXPANDED SALES ROOM PERMIT UNDER THIS1
SUBSECTION (8), A MANUFACTURER MUST APPLY TO THE STATE LICENSING2
AUTHORITY. THE STATE LICENSING AUTHORITY MAY DETERMINE BY RULE3
THE FORM AND MANNER OF THE PERMIT APPLICATION.4
(b) (I) I F THE STATE LICENSING AUTHORITY APPROVES A5
MANUFACTURER'S EXPANDED SALES ROOM PERMIT APPLICATION , THE6
MANUFACTURER SHALL:7
(A) H AVE SANDWICHES AND LIGHT SNACKS AVAILABLE FOR8
CONSUMPTION ON THE PREMISES OF THE SALES ROOM BUT NEED NOT HAVE9
MEALS AVAILABLE FOR CONSUMPTION ON THE PREMISES OF THE SALES10
ROOM; AND11
(B) N OT SELL AT THE SALES ROOM THE ALCOHOL BEVERAGES12
AUTHORIZED IN SUBSECTION (8)(a)(I)(B) OF THIS SECTION IN AN AMOUNT13
IN EXCESS OF FIFTY PERCENT OF THE TOTAL SALES OF ALCOHOL14
BEVERAGES.15
(II) THE SALES LIMITATION DESCRIBED IN SUBSECTION (8)(b)(I) OF16
THIS SECTION IS MEASURED BY THE GROSS SALES PRICE OF THE ALCOHOL17
BEVERAGES AUTHORIZED IN SUBSECTION (8)(a)(I)(B) OF THIS SECTION18
AND BY THE GROSS SALES PRICE OF ALL ALCOHOL BEVERAGES SOLD FOR19
CONSUMPTION AT THE SALES ROOM.20
(c) (I) TO BE ISSUED AN EXPANDED SALES ROOM PERMIT, A COPY21
OF A PERMIT APPLICATION FILED UNDER THIS SUBSECTION (8) MUST BE22
POSTED IN A CONSPICUOUS PLACE AT THE LOCATION THAT IS THE SUBJECT23
OF THE PERMIT APPLICATION FOR A PERIOD OF THIRTY DAYS, AND MUST BE24
PUBLISHED ONCE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE25
COUNTY WITH JURISDICTION OVER THE LOCATION , BEFORE THE STATE26
LICENSING AUTHORITY DETERMINES WHETHER TO ISSUE THE PERMIT. THE27
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STATE LICENSING AUTHORITY SHALL APPROVE OR DENY THE PERMIT1
WITHIN NINETY DAYS AFTER THE APPLICATION IS FILED.2
(II) AN EXPANDED SALES ROOM PERMIT HOLDER SHALL DISPLAY3
THE EXPANDED SALES ROOM PERMIT WITH THE MANUFACTURER'S LICENSE4
AT THE LOCATION THAT IS THE SUBJECT OF THE ISSUED PERMIT.5
SECTION 4. In Colorado Revised Statutes, 44-3-403, add (7) as6
follows:7
44-3-403. Limited winery license - expanded sales room8
permit - rules.9
(7) (a) (I) T HE STATE LICENSING AUTHORITY MAY ISSUE AN10
EXPANDED SALES ROOM PERMIT TO A LIMITED WINERY LICENSEE . IF A11
LIMITED WINERY OBTAINS AN EXPANDED SALES ROOM PERMIT PURSUANT12
TO THIS SUBSECTION (7), THE LIMITED WINERY MAY:13
(A) O PERATE A RESTAURANT AT THE LIMITED WINERY 'S SALES14
ROOM; OR15
(B) S ELL OR PROVIDE ALCOHOL BEVERAGES THAT ARE NOT16
MANUFACTURED BY THE PERMIT HOLDER BY THE DRINK FOR CONSUMPTION17
AT THE SALES ROOM IF THE ALCOHOL BEVERAGE IS A CRAFT PRODUCT.18
(II) A LIMITED WINERY MUST OBTAIN A SEPARATE EXPANDED19
SALES ROOM PERMIT FOR EACH LOCATION WHERE ACTIVITIES THAT ARE20
AUTHORIZED BY THIS SUBSECTION (7) OCCUR.21
(III) TO OBTAIN AN EXPANDED SALES ROOM PERMIT UNDER THIS22
SUBSECTION (7), A LIMITED WINERY MUST APPLY TO THE STATE LICENSING23
AUTHORITY. THE STATE LICENSING AUTHORITY MAY DETERMINE BY RULE24
THE FORM AND MANNER OF THE PERMIT APPLICATION.25
(b) (I) IF THE STATE LICENSING AUTHORITY APPROVES A LIMITED26
WINERY'S EXPANDED SALES ROOM PERMIT APPLICATION , THE LIMITED27
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WINERY SHALL:1
(A) H AVE SANDWICHES AND LIGHT SNACKS AVAILABLE FOR2
CONSUMPTION ON THE PREMISES OF THE SALES ROOM BUT NEED NOT HAVE3
MEALS AVAILABLE FOR CONSUMPTION ON THE PREMISES OF THE SALES4
ROOM; AND5
(B) N OT SELL AT THE SALES ROOM THE ALCOHOL BEVERAGES6
AUTHORIZED IN SUBSECTION (7)(a)(I)(B) OF THIS SECTION IN AN AMOUNT7
IN EXCESS OF FIFTY PERCENT OF THE TOTAL SALES OF ALCOHOL8
BEVERAGES.9
(II) THE SALES LIMITATION DESCRIBED IN SUBSECTION (7)(b)(I) OF10
THIS SECTION IS MEASURED BY THE GROSS SALES PRICE OF THE ALCOHOL11
BEVERAGES AUTHORIZED IN SUBSECTION (7)(a)(I)(B) OF THIS SECTION12
AND BY THE GROSS SALES PRICE OF ALL ALCOHOL BEVERAGES SOLD FOR13
CONSUMPTION AT THE SALES ROOM.14
(c) (I) TO BE ISSUED AN EXPANDED SALES ROOM PERMIT, A COPY15
OF A PERMIT APPLICATION FILED UNDER THIS SUBSECTION (7) MUST BE16
POSTED IN A CONSPICUOUS PLACE AT THE LOCATION THAT IS THE SUBJECT17
OF THE PERMIT APPLICATION FOR A PERIOD OF THIRTY DAYS, AND MUST BE18
PUBLISHED ONCE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE19
COUNTY WITH JURISDICTION OVER THE LOCATION , BEFORE THE STATE20
LICENSING AUTHORITY DETERMINES WHETHER TO ISSUE THE PERMIT. THE21
STATE LICENSING AUTHORITY SHALL APPROVE OR DENY THE PERMIT22
WITHIN NINETY DAYS AFTER THE APPLICATION IS FILED.23
(II) AN EXPANDED SALES ROOM PERMIT HOLDER SHALL DISPLAY24
THE EXPANDED SALES ROOM PERMIT WITH THE LIMITED WINERY'S LICENSE25
AT THE LOCATION THAT IS THE SUBJECT OF THE ISSUED PERMIT.26
SECTION 5. In Colorado Revised Statutes, 44-3-407, add (5) as27
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follows:1
44-3-407. Wholesaler's license - discrimination in wholesale2
sales prohibited - expanded sales room permit - rules.3
(5) (a) (I) T HE STATE LICENSING AUTHORITY MAY ISSUE AN4
EXPANDED SALES ROOM PERMIT TO A WHOLESALER 'S LIQUOR LICENSEE5
THAT MANUFACTURES MALT LIQUORS . IF A WHOLESALER THAT6
MANUFACTURES MALT LIQUORS OBTAINS AN EXPANDED SALES ROOM7
PERMIT PURSUANT TO THIS SUBSECTION (5), THE WHOLESALER MAY:8
(A) OPERATE A RESTAURANT AT THE WHOLESALER'S SALES ROOM;9
OR10
(B) S ELL OR PROVIDE ALCOHOL BEVERAGES THAT ARE NOT11
MANUFACTURED BY THE PERMIT HOLDER BY THE DRINK FOR CONSUMPTION12
AT THE SALES ROOM IF THE ALCOHOL BEVERAGE IS A CRAFT PRODUCT.13
(II) A WHOLESALER THAT MANUFACTURES MALT LIQUORS MUST14
OBTAIN A SEPARATE EXPANDED SALES ROOM PERMIT FOR EACH LOCATION15
WHERE ACTIVITIES THAT ARE AUTHORIZED BY THIS SUBSECTION (5)16
OCCUR.17
(III) TO OBTAIN AN EXPANDED SALES ROOM PERMIT UNDER THIS18
SUBSECTION (5), A WHOLESALER THAT MANUFACTURES MALT LIQUORS19
MUST APPLY TO THE STATE LICENSING AUTHORITY. THE STATE LICENSING20
AUTHORITY MAY DETERMINE BY RULE THE FORM AND M ANNER OF THE21
PERMIT APPLICATION.22
(b) (I) I F THE STATE LICENSING AUTHORITY APPROVES AN23
EXPANDED SALES ROOM PERMIT APPLICATION OF A WHOLESALER THAT24
MANUFACTURES MALT LIQUORS, THE WHOLESALER SHALL:25
(A) H AVE SANDWICHES AND LIGHT SNACKS AVAILABLE FOR26
CONSUMPTION ON THE PREMISES OF THE SALES ROOM BUT NEED NOT HAVE27
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MEALS AVAILABLE FOR CONSUMPTION ON THE PREMISES OF THE SALES1
ROOM; AND2
(B) N OT SELL AT THE SALES ROOM THE ALCOHOL BEVERAGES3
AUTHORIZED IN SUBSECTION (5)(a)(I)(B) OF THIS SECTION IN AN AMOUNT4
IN EXCESS OF FIFTY PERCENT OF THE TOTAL SALES OF ALCOHOL5
BEVERAGES.6
(II) THE SALES LIMITATION DESCRIBED IN SUBSECTION (5)(b)(I) OF7
THIS SECTION IS MEASURED BY THE GROSS SALES PRICE OF THE ALCOHOL8
BEVERAGES AUTHORIZED IN SUBSECTION (5)(a)(I)(B) OF THIS SECTION9
AND BY THE GROSS SALES PRICE OF ALL ALCOHOL BEVERAGES SOLD FOR10
CONSUMPTION AT THE SALES ROOM.11
(c) (I) TO BE ISSUED AN EXPANDED SALES ROOM PERMIT, A COPY12
OF A PERMIT APPLICATION FILED UNDER THIS SUBSECTION (5) MUST BE13
POSTED IN A CONSPICUOUS PLACE AT THE LOCATION THAT IS THE SUBJECT14
OF THE PERMIT APPLICATION FOR A PERIOD OF THIRTY DAYS, AND MUST BE15
PUBLISHED ONCE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE16
COUNTY WITH JURISDICTION OVER THE LOCATION , BEFORE THE STATE17
LICENSING AUTHORITY DETERMINES WHETHER TO ISSUE THE PERMIT. THE18
STATE LICENSING AUTHORITY SHALL APPROVE OR DENY THE PERMIT19
WITHIN NINETY DAYS AFTER THE APPLICATION IS FILED.20
(II) AN EXPANDED SALES ROOM PERMIT HOLDER SHALL DISPLAY21
THE EXPANDED SALES ROOM PERMIT WITH THE LICENSE OF THE22
WHOLESALER THAT MANUFACTURES MALT LIQUORS AT THE LOCATION23
THAT IS THE SUBJECT OF THE ISSUED PERMIT.24
SECTION 6. In Colorado Revised Statutes, 44-3-426, amend25
(1)(f) and (3)(d) as follows:26
44-3-426. Distillery pub license - legislative declaration -27
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definition.1
(1) The general assembly finds and determines that:2
(f) While a distillery pub is allowed to produce, serve, and3
distribute its own spirituous liquors, unlike a licensed spirits4
manufacturer, the production level for a distillery pub is capped, and the5
ability to distribute to retail outlets is greatly restricted, thereby6
establishing a new business model that is distinct from, and serves a7
different clientele than, a licensed spirits manufacturer;8
(3) During the hours established in section 44-3-901 (6)(b), a9
licensed distillery pub may, with regard to spirituous liquors fermented10
and distilled by the distillery pub licensee on the licensed premises:11
(d) Sell its spirituous liquors at wholesale to licensed retailers in12
an amount up to two EIGHT thousand seven ONE hundred liters per13
spirituous liquor product per calendar year.14
SECTION 7. In Colorado Revised Statutes, 44-3-501, amend15
(3)(a)(XXII) and (3)(a)(XXIII); and add (3)(a)(XXIV) as follows:16
44-3-501. State fees - rules.17
(3) (a) The state licensing authority shall establish fees for18
processing the following types of applications, notices, or reports required19
to be submitted to the state licensing authority:20
(XXII) Applications for each nonc ontiguous manufacturing21
facility pursuant to section 44-3-402 and rules adopted pursuant to that22
section; and23
(XXIII) Applications for an alcohol beverage shipper license24
pursuant to section 44-3-430 and rules adopted pursuant to that section;25
AND26
(XXIV) APPLICATIONS FOR THE EXPANDED SALES ROOM PERMIT27
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ISSUED UNDER SECTION 44-3-402 (8), 44-3-403 (7), OR 44-3-407 (5).1
SECTION 8. Act subject to petition - effective date. This act2
takes effect at 12:01 a.m. on the day following the expiration of the3
ninety-day period after final adjournment of the general assembly (August4
12, 2026, if adjour nment sine die is on May 13, 2026); except that, if a5
referendum petition is filed pursuant to section 1 (3) of article V of the6
state constitution against this act or an item, section, or part of this act7
within such period, then the act, item, section, or part will not take effect8
unless approved by the people at the general election to be held in9
November 2026 and, in such case, will take effect on the date of the10
official declaration of the vote thereon by the governor.11
HB26-1190-11-