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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0589.01 Jed Franklin x5484 SENATE BILL 26-094
Senate Committees House Committees
Business, Labor, & Technology
A BILL FOR AN ACT
CONCERNING ALTERNATING PREMISES LICENSED PREMISES FOR101
ALCOHOL PRODUCTION.102
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.)
Currently, a person licensed as a manufacturer of spirituous
liquors, malt liquors, or vinous liquors; a brew pub; a vintner's restaurant;
or a limited winery (licensee) may allow another licensee to manufacture
and store vinous liquors and malt liquors on the first licensee's premises.
The bill specifies that a person licensed as a distillery pub is a licensee.
The bill also specifies that, in addition to vinous liquors and malt liquors,
SENATE SPONSORSHIP
Lindstedt,
HOUSE SPONSORSHIP
(None),
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.
a licensee may allow another licensee to manufacture and store spirituous
liquors on the first licensee's premises.
The bill also allows a licensee to manufacture and store vinous
liquors, spirituous liquors, or malt liquors (alcohol beverages) on the first
licensee's premises on behalf of another licensee (alternating premises
licensed premises). An alternating premises licensed premises must be
adjacent to the premises of the person on whose behalf the licensee is
manufacturing or storing alcohol beverages. A licensee may not sell
alcohol beverages at retail from an alternating premises licensed
premises.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 44-3-103, amend (3),2
(5), (14)(b), and (60); and add (2.7) 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
(2.7) "A LTERNATING PREMISES LICENSED PREMISES " MEANS A7
DISTINCT AND DEFINITE AREA, AS SPECIFIED IN AN ALTERNATING USE OF8
PREMISES APPLICATION, THAT IS OWNED BY OR IN POSSESSION OF A PERSON9
LICENSED PURSUANT TO SECTION 44-3-402, 44-3-403, 44-3-417, 44-3-422,10
OR 44-3-426 AND WITHIN WHICH THE LICENSEE IS AUTHORIZED TO11
MANUFACTURE AND STORE VINOUS LIQUORS , SPIRITUOUS LIQUORS , OR12
MALT LIQUORS ON BEHALF OF ANOTHER PERSON LICENSED PURSUANT TO13
SECTION 44-3-402, 44-3-403, 44-3-417, 44-3-422, OR 44-3-426 IN14
ACCORDANCE WITH THIS ARTICLE 3. AN ALTERNATING PREMISES LICENSED15
PREMISES MUST BE ADJACENT TO THE PREMISES OF THE PERSON ON WHOSE16
BEHALF THE LICENSEE IS MANUFACTURING AND STORING VINOUS LIQUORS,17
SPIRITUOUS LIQUORS, OR MALT LIQUORS.18
(3) "Alternating proprietor licensed premises" means a distinct19
and definite area, as specified in an alternating use of premises20
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application, that is owned by or in possession of a person licensed1
pursuant to section 44-3-402, 44-3-403, 44-3-417, or 44-3-422, OR2
44-3-426 and within which the licensee and other persons licensed3
pursuant to section 44-3-402, 44-3-403, 44-3-417, or 44-3-422, OR4
44-3-426 are authorized to manufacture and store vinous liquors,5
SPIRITUOUS LIQUORS, or malt liquors in accordance with this article 3.6
(5) "Brew pub" means a retail establishment that manufactures not7
more than one million eight hundred sixty thousand gallons of malt liquor8
on its licensed premises, A LICENSED ALTERNATING PREMISES LICENSED9
PREMISES ON WHICH MALT LIQUOR IS PRODUCED ON THE BREW PUB 'S10
BEHALF, or ITS licensed alternating proprietor licensed premises,11
combined, each calendar year.12
(14) "Distillery pub" means a retail establishment:13
(b) That ferments and distills not more than eight hundred14
seventy-five thousand liters of spirituous liquor on its licensed premises,15
ITS LICENSED ALTERNATING PROPRIETOR LICENSED PREMISES , OR A16
LICENSED ALTERNATING PREMISES LICENSED PREMISES ON WHICH17
SPIRITUOUS LIQUOR IS PRODUCED ON THE DISTILLERY PUB 'S BEHALF ,18
COMBINED, each calendar year.19
(60) "Vintner's restaurant" means a retail establishment that sells20
food for consumption on the premises and that manufactures not more21
than nine hundred twenty-five thousand gallons of wine on its premises,22
or ITS licensed alternating proprietor licensed premises, OR A LICENSED23
ALTERNATING PREMISES LICENSED PREMISES ON WHICH WINE IS PRODUCED24
ON THE VINTNER'S RESTAURANT'S BEHALF, combined, each calendar year.25
SECTION 2. In Colorado Revised Statutes, 44-3-202, amend26
(2)(a)(I)(Q) as follows:27
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44-3-202. Duties of state licensing authority - feasibility study1
- rules - repeal.2
(2) (a) (I) Rules adopted pursuant to subsection (1)(b) of this3
section may cover, without limitation, the following subjects:4
(Q) Implementation, standardization, and enforcement of5
alternating proprietor licensed premises AND ALTERNATING PREMISES6
LICENSED PREMISES . The state licensing authority shall consult with7
interested parties from the alcohol beverage industry in developing8
appropriate rules to ensure adequate oversight and regulation of9
alternating proprietor licensed premises AND ALTERNATING PREMISES10
LICENSED PREMISES.11
SECTION 3. In Colorado Revised Statutes, 44-3-402, amend12
(3)(c); and add (2.5) and (3)(b.5) as follows:13
44-3-402. Manufacturer's license - rules.14
(2.5) (a) A WINERY THAT HAS RECEIVED A LICENSE PURSUANT TO15
THIS SECTION IS AUTHORIZED TO MANUFACTURE VINOUS LIQUORS UPON AN16
ALTERNATING PREMISES LICENSED PREMISES, AS APPROVED BY THE STATE17
LICENSING AUTHORITY, BUT RETAIL SALES OF VINOUS LIQUORS MUST NOT18
BE CONDUCTED FROM AN AREA LICENSED OR DEFINED AS AN ALTERNATING19
PREMISES LICENSED PREMISES.20
(b) A BREWERY THAT HAS RECEIVED A LICENSE PURSUANT TO THIS21
SECTION IS AUTHORIZED TO MANUFACTURE MALT LIQUORS UPON AN22
ALTERNATING PREMISES LICENSED PREMISES, AS APPROVED BY THE STATE23
LICENSING AUTHORITY, BUT RETAIL SALES OF MALT LIQUORS MUST NOT BE24
CONDUCTED FROM AN AREA LICENSED OR DEFINED AS AN ALTERNATING25
PREMISES LICENSED PREMISES.26
(c) A DISTILLERY THAT HAS RECEIVED A LICENSE PURSUANT TO27
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THIS SECTION IS AUTHORIZED TO MANUFACTURE SPIRITUOUS LIQUORS1
UPON AN ALTERNATING PREMISES LICENSED PREMISES, AS APPROVED BY2
THE STATE LICENSING AUTHORITY , BUT RETAIL SALES OF SPIRITUOUS3
LIQUORS MUST NOT BE CONDUCTED FROM AN AREA LICENSED OR DEFINED4
AS AN ALTERNATING PREMISES LICENSED PREMISES.5
(d) A WINERY , BREWERY , OR DISTILLERY THAT HOLDS A6
WHOLESALER'S LICENSE PURSUANT TO SECTION 44-3-407 MAY ENGAGE IN7
THE WHOLESALE SALE OF ALCOHOL BEVERAGES THAT THE LICENSEE8
MANUFACTURED AT AN ALTERNATING PREMISES LICENSED PREMISES FROM9
BOTH ITS LICENSED PREMISES AND THE ALTERNATING PREMISES LICENSED10
PREMISES WHERE THE ALCOHOL BEVERAGES WERE MANUFACTURED.11
(3) (b.5) A DISTILLERY THAT HAS RECEIVED A LICENSE PURSUANT12
TO THIS SECTION IS AUTHORIZED TO MANUFACTURE SPIRITUOUS LIQUORS13
UPON AN ALTERNATING PROPRIETOR LICENSED PREMISES, AS APPROVED BY14
THE STATE LICENSING AUTHORITY , BUT RETAIL SALES OF SPIRITUOUS15
LIQUORS MUST NOT BE CONDUCTED FROM AN AREA LICENSED OR DEFINED16
AS AN ALTERNATING PROPRIETOR LICENSED PREMISES.17
(c) Any winery, or brewery, OR DISTILLERY that holds a18
wholesaler's license pursuant to section 44-3-407 may engage in the19
wholesale sale of alcohol beverages that the licensee manufactured at an20
alternating proprietor licensed premises from both its licensed premises21
and the alternating proprietor licensed premises where the alcohol22
beverages were manufactured.23
SECTION 4. In Colorado Revised Statutes, 44-3-403, add (2.5)24
as follows:25
44-3-403. Limited winery license - rules.26
(2.5) (a) A LIMITED WINERY THAT HAS RECEIVED A LICENSE27
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PURSUANT TO THIS SECTION IS AUTHORIZED TO MANUFACTURE VINOUS1
LIQUORS UPON AN ALTERNATING PREMISES LICENSED PREMISES , AS2
APPROVED BY THE STATE LICENSING AUTHORITY , BUT RETAIL SALES OF3
VINOUS LIQUORS MUST NOT BE CONDUCTED FROM AN AREA LICENSED OR4
DEFINED AS AN ALTERNATING PREMISES LICENSED PREMISES.5
(b) A LIMITED WINERY LICENSEE MAY ENGAGE IN THE WHOLESALE6
SALE OF ALCOHOL BEVERAGES THAT THE LICENSEE MANUFACTURED AT AN7
ALTERNATING PREMISES LICENSED PREMISES FROM BOTH ITS LICENSED8
PREMISES AND THE ALTERNATING PREMISES LICENSED PREMISES WHERE9
THE ALCOHOL BEVERAGES WERE MANUFACTURED.10
SECTION 5. In Colorado Revised Statutes, 44-3-417, amend11
(2)(a) introductory portion and (2)(a)(III); and add (1)(c) and (1)(d) as12
follows:13
44-3-417. Brew pub license - definitions.14
(1) (c) A BREW PUB THAT HAS RECEIVED A LICENSE PURSUANT TO15
THIS SECTION IS AUTHORIZED TO MANUFACTURE MALT LIQUORS UPON AN16
ALTERNATING PREMISES LICENSED PREMISES, AS APPROVED BY THE STATE17
LICENSING AUTHORITY, BUT RETAIL SALES OF MALT LIQUORS MUST NOT BE18
CONDUCTED FROM AN AREA LICENSED OR DEFINED AS AN ALTERNATING19
PREMISES LICENSED PREMISES.20
(d) A BREW PUB MAY ENGAGE IN THE WHOLESALE SALE OF21
ALCOHOL BEVERAGES THAT THE LICENSEE MANUFACTURED AT AN22
ALTERNATING PREMISES LICENSED PREMISES FROM BOTH ITS LICENSED23
PREMISES AND THE ALTERNATING PREMISES LICENSED PREMISES WHERE24
THE ALCOHOL BEVERAGES WERE MANUFACTURED.25
(2) (a) Except as provided in subsection (2)(b) of this section,26
during the hours established in section 44-3-901 (6)(b), malt liquors27
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manufactured by a brew pub licensee on the licensed premises,1
ALTERNATING PREMISES LICENSED PREMISES , or alternating proprietor2
licensed premises may be:3
(III) Sold to the public in sealed containers for off-premises4
consumption. Except as provided in subsection (2)(a.5) of this section,5
only malt liquors manufactured and packaged by the licensee on the6
licensed premises, ALTERNATING PREMISES LICENSED PREMISES, or on an7
alternating proprietor licensed premises may be sold to the public in8
sealed containers.9
SECTION 6. In Colorado Revised Statutes, 44-3-422, amend10
(2)(a) introductory portion and (2)(a)(III); and add (1)(c) as follows:11
44-3-422. Vintner's restaurant license.12
(1) (c) A VINTNER'S RESTAURANT THAT HAS RECEIVED A LICENSE13
PURSUANT TO THIS SECTION IS AUTHORIZED TO MANUFACTURE VINOUS14
LIQUORS UPON AN ALTERNATING PREMISES LICENSED PREMISES OR15
ALTERNATING PROPRIETOR LICENSED PREMISES , A S A P P R O V E D B Y T H E16
STATE LICENSING AUTHORITY , BUT RETAIL SALES OF VINOUS LIQUORS17
MUST NOT BE CONDUCTED FROM AN AREA LICENSED OR DEFINED AS AN18
ALTERNATING PREMISES LICENSED PREMISES OR ALTERNATING19
PROPRIETOR LICENSED PREMISES.20
(2) (a) Except as provided in subsection (2)(b) of this section,21
during the hours established in section 44-3-901 (6)(b), vinous liquors22
manufactured by a vintner's restaurant licensee on the licensed premises,23
ALTERNATING PREMISES LICENSED PREMISES , OR ALTERNATING24
PROPRIETORSHIP LICENSED PREMISES may be:25
(III) Sold to the public in sealed containers for off-premises26
consumption. Only vinous liquors fermented, manufactured, and27
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packaged on the licensed premises, ALTERNATING PREMISES LICENSED1
PREMISES, or alternating proprietor licensed premises by the licensee shall2
be sold in sealed containers.3
SECTION 7. In Colorado Revised Statutes, 44-3-426, amend (3)4
introductory portion and (3)(c); and add (2.5) as follows:5
44-3-426. Distillery pub license - legislative declaration -6
definition.7
(2.5) A DISTILLERY PUB THAT HAS RECEIVED A LICENSE PURSUANT8
TO THIS SECTION IS AUTHORIZED TO MANUFACTURE SPIRITUOUS LIQUORS9
UPON AN ALTERNATING PREMISES LICENSED PREMISES, AS APPROVED BY10
THE STATE LICENSING AUTHORITY , BUT RETAIL SALES OF SPIRITUOUS11
LIQUORS MUST NOT BE CONDUCTED FROM AN AREA LICENSED OR DEFINED12
AS AN ALTERNATING PREMISES LICENSED PREMISES.13
(3) During the hours established in section 44-3-901 (6)(b), a14
licensed distillery pub may, with regard to spirituous liquors fermented15
and distilled by the distillery pub licensee on the licensed premises,16
ALTERNATING PREMISES LICENSED PREMISES , OR ALTERNATING17
PROPRIETOR LICENSED PREMISES:18
(c) Sell its spirituous liquors to the public in sealed containers for19
off-premises consumption, as long as the spirituous liquors are fermented,20
distilled, and packaged on the licensed premises, ALTERNATING PREMISES21
LICENSED PREMISES, OR ALTERNATING PROPRIETOR LICENSED PREMISES by22
the licensee; or23
SECTION 8. In Colorado Revised Statutes, 44-3-501, amend24
(3)(a)(V) as follows:25
44-3-501. State fees - rules.26
(3) (a) The state licensing authority shall establish fees for27
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processing the following types of applications, notices, or reports required1
to be submitted to the state licensing authority:2
(V) Applications for alternating use of premises pursuant to3
section 44-3-402 (2.5) OR (3), 44-3-403 (2)(a) OR (2.5), or 44-3-4174
(1)(b) OR (1)(c), 44-3-422 (1)(c), OR 44-3-426 (2.5) OR (3), and rules5
adopted pursuant to those sections;6
SECTION 9. Act subject to petition - effective date. This act7
takes effect at 12:01 a.m. on the day following the expiration of the8
ninety-day period after final adjournment of the general assembly (August9
12, 2026, if adj ournment sine die is on May 13, 2026); except that, if a10
referendum petition is filed pursuant to section 1 (3) of article V of the11
state constitution against this act or an item, section, or part of this act12
within such period, then the act, item, section, or part will not take effect13
unless approved by the people at the general election to be held in14
November 2026 and, in such case, will take effect on the date of the15
official declaration of the vote thereon by the governor.16
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