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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0708.01 Brita Darling x2241 SENATE BILL 26-114
Senate Committees House Committees
Business, Labor, & Technology
A BILL FOR AN ACT
CONCERNING A SPIRITUOUS LIQUOR MANUFACTURER'S SALES ROOMS.101
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.)
Under current law, a licensed manufacturer of spirituous liquors
(manufacturer) may conduct tastings of and sell the manufacturer's own
spirituous liquors at the manufacturer's licensed premises or at one other
approved sales room location. The bill authorizes the manufacturer to also
conduct tastings of and sell the manufacturer's spirituous liquors at up to
2 approved other sales room locations.
The bill authorizes a manufacturer to apply for a permit from the
state licensing authority to serve and sell alcohol beverages acquired from
SENATE SPONSORSHIP
Marchman and Bright,
HOUSE SPONSORSHIP
Titone and Soper,
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 licensed wholesaler at the manufacturer's premises or a sales room
location. A copy of the permit application must be sent to the local
licensing authority for comment, posted for 45 days in a conspicuous
place at the location that is the subject of the application, and published
in a local newspaper of general circulation.
Before issuing the permit, the state licensing authority shall
consider:
! A response from the local licensing authority concerning
impacts on the surrounding neighborhood, including traffic,
noise, and distance from schools;
! Whether zoning, fire, and other requirements have been
met; and
! Public comments, if any.
The state licensing authority shall not issue the permit unless the
applicant affirms that they have complied with local zoning restrictions,
including requirements for distance from schools.
If the permit application is approved:
!The manufacturer must serve sandwiches and light snacks
if selling and serving alcohol beverages acquired from a
wholesaler licensed in the state; and
! The proceeds from the sale of alcohol beverages acquired
from wholesalers must not account for more than 50% of
the gross annual revenue from alcohol beverage sales.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 44-3-402, amend2
(7)(a) as follows:3
44-3-402. Manufacturer's license - rules.4
(7) (a) (I) (A) A manufacturer of spirituous liquors licensed5
pursuant to this section may conduct tastings and sell to customers6
spirituous liquors of its own manufacture on its THE MANUFACTURER'S7
licensed premises and at one UP TO TWO other approved sales room8
location LOCATIONS at no additional cost. A sales room location may be9
included in the license at the time of the original license issuance or by10
supplemental application. If the licensed premises includes multiple11
noncontiguous locations, the manufacturer may operate a sales room on12
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only one UP TO TWO of those noncontiguous locations.1
(B) A MANUFACTURER OF SPIRITUOUS LIQUORS LICENSED2
PURSUANT TO THIS SECTION THAT CONDUCTS TASTINGS PURSUANT TO THIS3
SUBSECTION (7) MAY APPLY TO THE STATE LICENSING AUTHORITY FOR A4
PERMIT TO SERVE AND SELL ALCOHOL BEVERAGES ACQUIRED FROM5
WHOLESALERS LICENSED IN THIS STATE PURSUANT TO SECTION 44-3-4076
AT THE MANUFACTURER 'S LICENSED PREMISES AND AT UP TO TWO7
APPROVED SALES ROOMS . THE STATE LICENSING AUTHORITY MAY8
DETERMINE THE FORM AND MANNER OF A PERMIT APPLICATION SUBMITTED9
PURSUANT TO THIS SUBSECTION (7)(a)(I)(B). I F THE STATE LICENSING10
AUTHORITY APPROVES A PERMIT APPLICATION FILED PURSUANT TO THIS11
SUBSECTION (7)(a)(I)(B): THE MANUFACTURER OF SPIRITUOUS LIQUORS12
SHALL HAVE SANDWICHES AND LIGHT SNACKS AVAILABLE FOR13
CONSUMPTION ON THE SALES ROOM PREMISES, BUT NEED NOT HAVE MEALS14
AVAILABLE FOR CONSUMPTION; AND THE PROCEEDS DERIVED FROM SALES15
OF ALCOHOL BEVERAGES ACQUIRED FROM WHOLESALERS MUST NOT16
EXCEED FIFTY PERCENT OF THE MANUFACTURER 'S GROSS ANNUAL17
REVENUE FROM ALCOHOL BEVERAGE SALES.18
(C) A MANUFACTURER SHALL SEND A COPY OF THE PERMIT19
APPLICATION SUBMITTED PURSUANT TO SUBSECTION (7)(a)(I)(B) OF THIS20
SECTION TO THE LOCAL LICENSING AUTHORITY , POST THE PERMIT21
APPLICATION IN A CONSPICUOUS PLACE AT THE LOCATION THAT IS THE22
SUBJECT OF THE PERMIT APPLICATION FOR A PERIOD OF FORTY-FIVE DAYS,23
AND PUBLISH THE PERMIT APPLICATION ONCE IN A NEWSPAPER OF24
GENERAL CIRCULATION IN THE COUNTY WITH JURISDICTION OVER THE25
LOCATION, BEFORE THE STATE LICENSING AUTHORITY DETERMINES26
WHETHER TO ISSUE THE PERMIT.27
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(D) THE LOCAL LICENSING AUTHORITY MAY SUBMIT A RESPONSE1
TO THE PERMIT APPLICATION . IN DETERMINING WHETHER TO ISSUE THE2
PERMIT, THE STATE LICENSING AUTHORITY MUST CONSIDER : THE3
RESPONSE, IF ANY, FROM THE LOCAL LICENSING AUTHORITY CONCERNING4
WHETHER THE PERMITTED ACTIVITY WILL IMPACT TRAFFIC , NOISE ,5
PARKING, HOURS OF OPERATION , TRASH AND CROWD MANAGEMENT , OR6
OTHER NEIGHBORHOOD CONCERNS IN A MANNER INCONSISTENT WITH7
LOCAL REGULATIONS OR ORDINANCES , WHICH IMPACTS MAY BE8
DETERMINED BY THE LOCAL LICENSING AUTHORITY WITHOUT REQUIRING9
A PUBLIC HEARING; WHETHER LOCAL PERMIT REQUIREMENTS HAVE BEEN10
SATISFIED, INCLUDING FIRE, ZONING, AND BUILDING CODES; AND PUBLIC11
COMMENT, IF THE LOCAL LICENSING AUTHORITY PROVIDES A FORMAL12
OPPORTUNITY FOR PUBLIC COMMENT. IF THE LOCAL LICENSING AUTHORITY13
DOES NOT SUBMIT A RESPONSE TO THE STATE LICENSING AUTHORITY14
WITHIN FORTY -FIVE DAYS AFTER THE LICENSEE SUBMITS ITS PERMIT15
APPLICATION TO THE STATE LICENSING AUTHORITY, THE STATE LICENSING16
AUTHORITY SHALL DEEM THAT THE LOCAL LICENSING AUTHORITY HAS17
DETERMINED THAT THE PERMIT DOES NOT IMPACT THE SURROUNDING18
AREA IN A MANNER THAT IS INCONSISTENT WITH LOCAL REGULATIONS OR19
ORDINANCES OR THAT CANNOT BE SUFFICIENTLY MITIGATED BY THE20
APPLICANT.21
(E) T HE STATE LICENSING AUTHORITY SHALL NOT GRANT22
APPROVAL FOR A PERMIT DESCRIBED IN SUBSECTION (7)(a)(I)(B) OF THIS23
SECTION UNLESS THE APPLICANT AFFIRMS TO THE STATE LICENSING24
AUTHORITY THAT THE APPLICANT HAS COMPLIED WITH LOCAL ZONING25
RESTRICTIONS, INCLUDING REQUIREMENTS RELATING TO DISTANCE FROM26
SCHOOLS.27
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(F) IF THE STATE LICENSING AUTHORITY ISSUES THE PERMIT, THE1
MANUFACTURER SHALL DISPLAY THE PERMIT WITH THE MANUFACTURER'S2
LICENSE AT THE LOCATION THAT IS THE SUBJECT OF THE ISSUED PERMIT.3
(II) A manufacturer of spirituous liquors licensed pursuant to this4
section that operates a sales room AND THAT DOES NOT OBTAIN A PERMIT5
PURSUANT TO SUBSECTION (7)(a)(I)(B) OF THIS SECTION FOR THE SALES6
ROOM TO SERVE AND SELL ALCOHOL BEVERAGES ACQUIRED FROM7
WHOLESALERS LICENSED IN THIS STATE may purchase and use common8
alcohol modifiers, including vermouth, amaros, and liqueurs, to combine9
with spirituous liquors to produce cocktails for consumption on or off the10
sales room premises. A manufacturer that uses an alcohol modifier11
pursuant to this subsection (7)(a)(II) shall combine the modifier with a12
spirituous liquor produced by the manufacturer. A manufacturer shall not13
sell an alcohol modifier that has not been combined with a spiritous14
liquor. The state licensing authority may adopt rules necessary to15
implement and administer this subsection (7)(a)(II).16
SECTION 2. Act subject to petition - effective date. This act17
takes effect at 12:01 a.m. on the day following the expiration of the18
ninety-day period after final adjournment of the general assembly (August19
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a20
referendum petition is filed pursuant to section 1 (3) of article V of the21
state constitution against this act or an item, section, or part of this act22
within such period, then the act, item, section, or part will not take effect23
unless approved by the people at the general election to be held in24
November 2026 and, in such case, will take effect on the date of the25
official declaration of the vote thereon by the governor.26
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