State Bill Colorado

Amendments for HB24-1373

House Journal, April 5
24 HB24-1373 be amended as follows, and as so amended, be referred to
25 the Committee on Finance with favorable
26 recommendation:
27
28 Amend printed bill, page 2, strike line 2.
29
30 Page 3, strike lines 1 through 6 and substitute:
31
32 "SECTION 1. In Colorado Revised Statutes, 44-3-103, amend
33 (26); and add (21.5) as follows:
34 44-3-103. Definitions. As used in this article 3 and article 4 of
35 this title 44, unless the context otherwise requires:
36 (21.5) "INDEPENDENT PHARMACY" HAS THE SAME MEANING AS IN
37 SECTION 25-4-2404 (1)(a).
38 (26) "Liquor-licensed drugstore" means any drugstore
39 INDEPENDENT PHARMACY licensed by the state board of pharmacy that has
40 also applied for and has been granted a license by the state licensing
41 authority to sell malt, vinous, and spirituous liquors in original sealed
42 containers for consumption off the premises.
43 SECTION 2. In Colorado Revised Statutes, 44-3-410, amend
44 (1)(a)(I), (2)(a)(I), and (2)(b); repeal (1)(b), (4)(b)(IV), (4)(b)(V), (4)(c),
45 and (7); and add (8) as follows:
46 44-3-410. Liquor-licensed drugstore license - multiple licenses
47 permitted - requirements - rules. (1) (a) (I) A liquor-licensed drugstore
48 license shall be issued to persons selling malt, vinous, and spirituous
49 liquors in sealed containers not to be consumed at the place where sold.
50 On and after July 1, 2016, except as permitted under subsection (1)(b) of
51 this section, JANUARY 1, 2025, the state and local licensing authorities
52 shall not issue a ANY new liquor-licensed drugstore license if the licensed
53 premises for which a liquor-licensed drugstore license is sought is
54 located: LICENSES.
55
1 (A) Within one thousand five hundred feet of a retail liquor store
2 licensed under section 44-3-409;
3 (B) For a drugstore premises located in a municipality with a
4 population of ten thousand or fewer, within three thousand feet of a retail
5 liquor store licensed under section 44-3-409; or
6 (C) For a drugstore premises located in a municipality with a
7 population of ten thousand or fewer that is contiguous to the city and
8 county of Denver, within one thousand five hundred feet of a retail liquor
9 store licensed under section 44-3-409.
10 (b) (I) On or after January 1, 2017, to qualify for an additional
11 liquor-licensed drugstore license under this section, a liquor-licensed
12 drugstore licensee, or a retail liquor store licensee that was licensed as a
13 liquor-licensed drugstore on February 21, 2016, must apply to the state
14 and local licensing authorities, as part of a single application, for a
15 transfer of ownership of at least two licensed retail liquor stores that were
16 licensed or had applied for a license on or before May 1, 2016, a change
17 of location of one of the retail liquor stores, and a merger and conversion
18 of the retail liquor store licenses into a single liquor-licensed drugstore
19 license. The applicant may apply for a transfer, change of location, and
20 merger and conversion only if all of the following requirements are met:
21 (A) The retail liquor stores that are the subject of the transfer of
22 ownership are located within the same local licensing authority
23 jurisdiction as the drugstore premises for which the applicant is seeking
24 a liquor-licensed drugstore license, and, if any retail liquor stores are
25 located within one thousand five hundred feet of the drugstore premises
26 or, for a drugstore premises located in a municipality with a population
27 of ten thousand or fewer, within three thousand feet of the drugstore
28 premises, the applicant applies to transfer ownership of all retail liquor
29 stores located within that distance. If there are no licensed retail liquor
30 stores or only one licensed retail liquor store within the same local
31 licensing authority jurisdiction as the drugstore premises for which a
32 liquor-licensed drugstore license is sought, the applicant shall apply to
33 transfer ownership of one or two retail liquor stores, as necessary, that are
34 located in the local licensing authority jurisdiction that is nearest to the
35 jurisdiction in which the drugstore premises is located.
36 (B) Upon transfer and conversion of the retail liquor store licenses
37 to a single liquor-licensed drugstore license, the drugstore premises for
38 which the liquor-licensed drugstore license is sought will be located at
39 least one thousand five hundred feet from all licensed retail liquor stores
40 that are within the same local licensing authority jurisdiction as the
41 drugstore premises or, for a drugstore premises located in a municipality
42 with a population of ten thousand or fewer, at least three thousand feet
43 from all licensed retail liquor stores that are within the same local
44 licensing authority jurisdiction as the drugstore premises.
45 (II) For purposes of determining whether the distance
46 requirements specified in subsection (1)(b)(I) of this section are satisfied,
47 the distance shall be determined by a radius measurement that begins at
48 the principal doorway of the drugstore premises for which the application
49 is made and ends at the principal doorway of the licensed retail liquor
50 store.
51 (III) In making its determination on the transfer of ownership,
52 change of location, and license merger and conversion application, the
53 local licensing authority shall consider the reasonable requirements of the
54 neighborhood and the desires of the adult inhabitants in accordance with
55 section 44-3-312.
56
1 (IV) In addition to any other requirements for licensure under this
2 section or this article 3, a person applying for a new liquor-licensed
3 drugstore license in accordance with this subsection (1)(b) on or after
4 January 1, 2017, or to renew a liquor-licensed drugstore license issued on
5 or after January 1, 2017, under this subsection (1)(b) must:
6 (A) Provide evidence to the state and local licensing authorities
7 that at least twenty percent of the licensee's gross annual income derived
8 from total sales during the prior twelve months at the drugstore premises
9 for which a new or renewal licenses is sought is from the sale of food
10 items, as defined by the state licensing authority by rule; and
11 (B) Make and keep its premises open to the public.
12 (2) (a) A person licensed under this section to sell malt, vinous,
13 and spirituous liquors as provided in this section shall:
14 (I) Purchase malt, vinous, and spirituous liquors only from a
15 wholesaler licensed under this article 3 OR FROM A RETAILER LICENSED
16 PURSUANT TO SECTION 44-3-409;
17 (b) A person licensed under this section on or after January 1,
18 2017, shall not purchase malt, vinous, or spirituous liquors from a
19 wholesaler OR RETAILER on credit and shall effect payment upon delivery
20 of the alcohol beverages.
21 (4) (b) An owner, part owner, shareholder, or person interested
22 directly or indirectly in a liquor-licensed drugstore may have an interest
23 in:
24 (IV) For a liquor-licensed drugstore licensed on or before January
25 1, 2016, or a liquor-licensed drugstore licensee that was licensed as a
26 liquor-licensed drugstore on February 21, 2016, that converted its license
27 to a retail liquor store license after February 21, 2016, and that applied on
28 or before May 1, 2017, to convert its retail liquor store license back to a
29 liquor-licensed drugstore license, additional liquor-licensed drugstore
30 licenses as follows, but only if obtained in accordance with subsection
31 (1)(b) of this section:
32 (A) On or after January 1, 2017, and before January 1, 2022, four
33 additional liquor-licensed drugstore licenses, for a maximum of five total
34 liquor-licensed drugstore licenses;
35 (B) On or after January 1, 2022, and before January 1, 2027, up
36 to seven additional liquor-licensed drugstore licenses, for a maximum of
37 eight total liquor-licensed drugstore licenses;
38 (C) On or after January 1, 2027, and before January 1, 2032, up
39 to twelve additional liquor-licensed drugstore licenses, for a maximum of
40 thirteen total liquor-licensed drugstore licenses;
41 (D) On or after January 1, 2032, and before January 1, 2037, up
42 to nineteen additional liquor-licensed drugstore licenses, for a maximum
43 of twenty total liquor-licensed drugstore licenses; and
44 (E) On or after January 1, 2037, an unlimited number of additional
45 liquor-licensed drugstore licenses.
46 (V) For a liquor-licensed drugstore that submitted an application
47 for a new liquor-licensed drugstore license before October 1, 2016,
48 additional liquor-licensed drugstore licenses as follows, but only if
49 obtained in accordance with subsection (1)(b) of this section:
50 (A) On or after January 1, 2019, and before January 1, 2022, four
51 additional liquor-licensed drugstore licenses, for a maximum of five total
52 liquor-licensed drugstore licenses;
53 (B) On or after January 1, 2022, and before January 1, 2027, up
54 to seven additional liquor-licensed drugstore licenses, for a maximum of
55 eight total liquor-licensed drugstore licenses;
56
1 (C) On or after January 1, 2027, and before January 1, 2032, up
2 to twelve additional liquor-licensed drugstore licenses, for a maximum of
3 thirteen total liquor-licensed drugstore licenses;
4 (D) On or after January 1, 2032, and before January 1, 2037, up
5 to nineteen additional liquor-licensed drugstore licenses, for a maximum
6 of twenty total liquor-licensed drugstore licenses; and
7 (E) On or after January 1, 2037, an unlimited number of additional
8 liquor-licensed drugstore licenses.
9 (c) Subsection (4)(b)(V) of this section does not apply to a
10 liquor-licensed drugstore licensee that was licensed as a liquor-licensed
11 drugstore on February 21, 2016, that converted its license to a retail liquor
12 store license after February 21, 2016, and that applied on or before May
13 1, 2017, to convert its retail liquor store license back to a liquor-licensed
14 drugstore license.
15 (7) A person licensed under this section that obtains additional
16 liquor-licensed drugstore licenses in accordance with subsection
17 (4)(b)(IV) or (4)(b)(V) of this section may operate under a single or
18 consolidated corporate entity but shall not commingle purchases of or
19 credit extensions for purchases of malt, vinous, or spirituous liquors from
20 a wholesaler licensed under this article 3 for more than one licensed
21 premises. A wholesaler licensed under this article 3 shall not base the
22 price for the malt, vinous, or spirituous liquors it sells to a liquor-licensed
23 drugstore licensed under this section on the total volume of malt, vinous,
24 or spirituous liquors that the licensee purchases for multiple licensed
25 premises.
26 (8) (a) ON AND AFTER JANUARY".
27
28 Page 3, strike line 8 and substitute "ANY NEW LIQUOR-LICENSED
29 DRUGSTORE LICENSES. ON AND AFTER JANUARY 1, 2025, THE STATE OR
30 LOCAL LICENSING AUTHORITY MAY RENEW A LIQUOR-LICENSED
31 DRUGSTORE LICENSE ONLY IF THE LICENSEE IS AN INDEPENDENT
32 PHARMACY.".
33
34 Page 3, line 11, after "LICENSE" insert "BY A DRUGSTORE THAT IS NOT AN
35 INDEPENDENT PHARMACY".
36
37 Page 3, strike lines 15 through 17 and substitute:
38
39 "(c) ON JANUARY 1, 2025, EVERY LIQUOR-LICENSED DRUGSTORE
40 LICENSE THAT WAS IN EFFECT ON DECEMBER 31,2024, AND THAT WAS
41 ISSUED TO A LICENSEE THAT WAS NOT AN INDEPENDENT PHARMACY,
42 AUTOMATICALLY".
43
44 Page 3, strike lines 21 through 26.
45
46 Page 4, strike line 9.
47
48 Page 4, lines 10 and 11, strike "(5) and (6)" and substitute "(5), (6), and
49 (7)".
50
51 Page 4, strike lines 15 through 18 and substitute "SHALL NOT PLACE ANY
52 TEMPORARY DISPLAYS OF ALCOHOL BEVERAGES:
53 (a) IMMEDIATELY ADJACENT TO NONALCOHOLIC SOFT DRINKS,
54 FRUIT JUICES, BOTTLED WATER, CANDY, OR TOYS;
55 (b) NEAR AN ENTRY OR EXIT OF THE LICENSED PREMISES; OR
56
1 (c) OUTSIDE OF THE AREA APPROVED BY THE LOCAL LICENSING
2 AUTHORITY FOR THE DISPLAY OF ALCOHOL BEVERAGES.".
3
4 Page 4, line 19, strike "(1)(a)" and substitute "(1)(c)".
5
6 Page 4, strike lines 20 and 21 and substitute "SECTION SHALL NOT SELL:
7 (a) A FERMENTED MALT BEVERAGE THAT IS GREATER THAN
8 FOURTEEN PERCENT ALCOHOL BY VOLUME; OR
9 (b) WINE THAT IS GREATER THAN SEVENTEEN PERCENT ALCOHOL
10 BY VOLUME.".
11
12 Page 4, after line 21 insert:
13
14 "(7) EXCEPT AS PROVIDED IN SECTION 44-3-407 (5), A PERSON
15 LICENSED PURSUANT TO SUBSECTION (1)(c) OF THIS SECTION SHALL
16 ENSURE THAT ALL WORK PERFORMED ON THE LICENSED PREMISES IN
17 CONNECTION WITH THE HANDLING, SALE, AND DELIVERY OF FERMENTED
18 MALT BEVERAGES AND WINE IS PERFORMED BY AN EMPLOYEE OF THE
19 LICENSEE.".
20
21 Page 5, strike lines 6 through 9 and substitute "SECTION SHALL NOT PLACE
22 ANY TEMPORARY DISPLAYS OF ALCOHOL BEVERAGES:
23 (a) IMMEDIATELY ADJACENT TO NONALCOHOLIC SOFT DRINKS,
24 FRUIT JUICES, BOTTLED WATER, CANDY, OR TOYS;
25 (b) NEAR AN ENTRY OR EXIT OF THE LICENSED PREMISES; OR
26 (c) OUTSIDE OF THE AREA APPROVED BY THE LOCAL LICENSING
27 AUTHORITY FOR THE DISPLAY OF ALCOHOL BEVERAGES.".
28
29 Page 5, strike lines 11 and 12 and substitute "SECTION SHALL NOT SELL:
30 (a) A FERMENTED MALT BEVERAGE THAT IS GREATER THAN
31 FOURTEEN PERCENT ALCOHOL BY VOLUME; OR
32 (b) WINE THAT IS GREATER THAN SEVENTEEN PERCENT ALCOHOL
33 BY VOLUME.".
34
35 Page 5, strike lines 22 through 27 and substitute "been authorized to
36 distribute. A WHOLESALER MAY OFFER VARIABLE PRICING BASED ON
37 QUANTITIES ORDERED BY A LICENSED RET A ILER ON A
38 PER-LICENSED-LOCATION BASIS, INCLUDING MULTIPLE CASE DISCOUNTS.
39 A WHOLESALER SHALL NOT OTHERWISE OFFER MORE FAVORABLE PRICING
40 TO ANY LICENSED RETAILER THAT IS NOT ALSO OFFERED TO EVERY RETAIL
41 LIQUOR STORE LICENSEE. A WHOLESALER SHALL NOT OFFER MORE
42 FAVORABLE PRODUCT AVAILABILITY; RELEVANT INFORMATION
43 REGARDING PRODUCTS THE WHOLESALER OFFERS FOR SALE, INCLUDING
44 VINTAGES AND QUANTITIES ON HAND; DEAL QUANTITIES, FEE STRUCTURES,
45 DISCOUNTS, REBATES, CREDITS, OR ACCESS TO SUPPLIER COUPONS; OR
46 OTHER TERMS OR CONDITIONS OF SALE TO A LICENSED RETAILER THAT ARE
47 NOT ALSO OFFERED TO EVERY RETAIL LIQUOR STORE LICENSEE.".
48
49 Page 7, line 1, after "RETAILER" insert "LICENSED TO SELL FOR
50 CONSUMPTION OFF THE LICENSED PREMISES".
51
52 Page 8, lines 2 and 3, strike "(2); and add (2.5)" and substitute "(2)".
53
54 Page 8, line 4, strike "license - repeal." and substitute "license.".
55
56 Page 8, strike lines 20 through 27.
1 Page 9, strike lines 1 through 11.
2
3 Page 9, lines 12 and 13, strike "(7); and add (7.5)" and substitute "(7)".
4
5 Page 9, lines 14 and 15, strike "rules - repeal." and substitute "rules.".
6
7 Page 10, strike lines 5 through 26.
8
9 Page 10, line 27, strike "(2);".
10
11 Page 11, line 1, strike "and add (2.5)" and substitute "(2)".
12
13 Page 11, line 2, strike "license - repeal." and substitute "license.".
14
15 Page 11, strike lines 18 through 27.
16
17 Page 12, strike lines 1 through 10.
18
19 Page 12, strike line 12 and substitute "(2) as follows:".
20
21 Page 12, line 13, strike "license - repeal." and substitute "license.".
22
23 Page 13, strike lines 3 through 22.
24
25 Page 13, strike line 24 and substitute "(3) as follows:".
26
27 Page 14, strike lines 16 through 27.
28
29 Page 15, strike lines 1 through 9.
30
31 Page 15, strike line 11 and substitute "(2) as follows:".
32
33 Page 15, line 12, strike "declaration - repeal." and substitute
34 "declaration.".
35
36 Page 16, strike lines 2 through 21.
37
38 Page 16, strike line 23 and substitute "(4) as follows:".
39
40 Page 16, line 24, strike "definition - repeal." and substitute "definition.".
41
42 Page 17, strike lines 13 through 27.
43
44 Page 18, strike line 1 through 5.
45
46 Page 18, strike line 7 and substitute "(2) as follows:".
47
48 Page 18, line 8, strike "license - repeal." and substitute "license.".
49
50 Page 18, strike lines 24 through 27.
51
52 Page 19, strike lines 1 through 16.
53
54 Page 19, strike line 18 and substitute "(3) as follows:".
55
56 Page 19, line 19, strike "license - repeal." and substitute "license.".
1 Page 20, strike lines 9 through 27.
2
3 Page 21, strike line 1.
4
5 Page 21, strike line 3 and substitute "(4) as follows:".
6
7 Page 21, line 5, strike "definition - repeal." and substitute "definition.".
8
9 Page 21, strike lines 23 through 27.
10
11 Page 22, strike lines 1 through 16.
12
13 Page 22, strike line 18 and substitute "(2) as follows:".
14
15 Page 22, line 19, strike "license - repeal." and substitute "license.".
16
17 Page 23, strike lines 11 through 27.
18
19 Page 24, strike lines 1 through 4.
20
21 Page 24, lines 18 and 19, strike "liquor-licensed drugstores under section
22 44-3-410" and substitute "liquor-licensed drugstores under section
23 44-3-410 OR".
24
25 Page 24, strike line 21 and substitute:
26
27 "(h)(I) On or before January 1, 2016, The department of revenue".
28
29 Page 25, lines 1 and 2, strike "liquor-licensed drugstores under section
30 44-3-410" and substitute "liquor-licensed drugstores under section
31 44-3-410 AND".
32
33 Page 25, strike lines 4 through 27.
34
35 Page 26, strike lines 1 through 8.
36
37 Renumber succeeding sections accordingly.
38
39 Page 26, line 10, strike "(1)(b) and (1)(c)(I);" and substitute "(1)(b),
40 (1)(c)(I), and (2);".
41
42 Page 27, after line 17 insert:
43
44 "(2) Notwithstanding any provision of this article 3 to the
45 contrary, a local licensing authority may issue a temporary permit to a
46 transferee of any retail class of alcohol beverage license issued by the
47 local licensing authority pursuant to this article 3 or article 4 of this title
48 44. except that a local licensing authority shall not issue a temporary
49 permit to a liquor-licensed drugstore that has acquired ownership of
50 licensed retail liquor stores in accordance with section 44-3-410 (1)(b).
51 A temporary permit authorizes a transferee to continue selling alcohol
52 beverages as permitted under the permanent license during the period in
53 which an application to transfer the ownership of the license is pending.".
54
55 Page 28, line 11, strike "(1)(a) and".
56
1 Page 28 strike lines 12 through 27.
2
3 Page 29, strike lines 1 through 6 and substitute:
4
5 "44-3-409. Retail liquor store license - rules. (2) (a) A person
6 licensed under this section to sell malt, vinous,".
7
8 Page 29, strike lines 20 through 27.
9
10 Page 30, strike lines 1 through 4.
11
12 Renumber succeeding sections accordingly.
13
14 Page 30, strike lines 6 through 12 and substitute "(3)(a)(XVI) as follows:
15 44-3-501. State fees - rules. (3) (a) The state licensing authority
16 shall establish fees for".
17
18 Page 30, strike lines 17 and 18.
19
20 Page 30, line 20, strike "(1)(b) and".
21
22 Page 30, strike lines 25 through 27.
23
24 Page 31, strike lines 1 through 3.
25
26 Page 31, strike lines 13 and 14 and substitute "(1)(g), (6)(k)(I), and
27 (6)(k)(V) as follows:".
28
29 Page 31, lines 18 and 19, strike "or liquor-licensed drugstore" and
30 substitute "or liquor-licensed drugstore".
31
32 Page 31, strike lines 26 and 27.
33
34 Page 32, strike lines 1 through 5.
35
36 Page 32, strike lines 8 through 13.
37
38 Page 32, line 16, strike "store liquor-licensed drugstore," and substitute
39 "store, liquor-licensed drugstore,".
40
41 Page 32, strike lines 20 through 27.
42
43 Page 33, strike lines 1 through 16.
44
45 Page 33, lines 17 and 18, strike "or liquor-licensed drugstore" and
46 substitute "or liquor-licensed drugstore".
47
48 Page 33, strike lines 26 and 27.
49
50 Page 34, strike lines 1 through 23.
51
52 Page 1, strike lines 102 and 103 and substitute "IN CONNECTION
53 THEREWITH, CONVERTING CERTAIN LIQUOR-LICENSED DRUGSTORE
54 LICENSES TO FERMENTED MALT BEVERAGE AND WINE RETAILER
55 LICENSES, UPDATING THE".
56
1 Page 1, line 106, strike "REQUIRING" and substitute "PROHIBITING".
2
3 Page 1, line 107, strike "TO DISPLAY" and substitute "FROM
4 DISPLAYING".
5
6 Page 1, line 108, strike "A SINGLE LOCATION" and substitute "CERTAIN
7 LOCATIONS".
8
9 Page 1, line 112, strike "ALCOHOL" and substitute "WINE WITH GREATER
10 THAN SEVENTEEN PERCENT ALCOHOL BY VOLUME OR FERMENTED
11 MALT".

House Journal, April 12
26 HB24-1373 be amended as follows, and as so amended, be referred to
27 the Committee on Appropriations with favorable
28 recommendation:
29
30 Amend the Business Affairs and Labor Committee Report, dated April 4,
31 2024, page 1, line 2, strike "6" and substitute "7".
32
33 Page 5 of the report, strike line 6 and substitute:
34 "(8) ON AND AFTER ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
35 SECTION, AS AMENDED, THE STATE OR LOCAL LICENSING AUTHORITY SHALL
36 NOT ISSUE".".
37
38 Page 5 of the report, line 8, strike "JANUARY 1, 2025," and substitute "ONE
39 YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, AS AMENDED,".
40
41 Page 5 of the report, line 15, strike "ON JANUARY 1, 2025," and substitute
42 "ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, AS AMENDED,".
43
44 Page 5 of the report, line 16, strike "DECEMBER 31, 2024," and substitute
45 "ONE DAY PRIOR TO ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
46 SECTION, AS AMENDED,".
47
48 Page 6 of the report, line 1, strike "SEVENTEEN" and substitute
49 "TWENTY-ONE".
50
51 Page 6 of the report, line 20, strike "SEVENTEEN" and substitute
52 "TWENTY-ONE".
53
54 Amend printed bill, page 28, line 11, strike "(2)(a)(I); and repeal (3)(a)(I)
55 and (5)" and substitute "(2)(a)(I) and (3)(a)(I); repeal (5); and add (3.5)".
56 Page 29 of the bill, strike lines 14 and 15 and substitute:
1 "(I) The person receiving the delivery of malt, vinous, or spirituous
2 liquors is located at a place that is not TO A PERSON licensed pursuant to
3 this section IS MADE IN ACCORDANCE WITH SUBSECTION (3.5) OF THIS
4 SECTION;
5 (3.5) (a) EFFECTIVE JANUARY 1, 2025, A LICENSEE MAY SELL AND
6 DELIVER ALCOHOL BEVERAGES TO A RETAILER LICENSED UNDER THIS
7 SECTION AND SECTIONS 44-3-411, 44-3-413, 44-3-414, 44-3-416, 44-3-417,
8 44-3-418, 44-3-419, 44-3-420, 44-3-422, 44-3-426, AND 44-3-428. A
9 RETAILER SHALL NOT PURCHASE MORE THAN A TOTAL OF SIX GALLONS OF
10 ALCOHOL BEVERAGES PER DAY ACROSS ALL PERSONS LICENSED TO SELL
11 AND DELIVER PURSUANT TO THIS SECTION (3.5).
12 (b) TO SELL AND DELIVER ALCOHOL BEVERAGES TO A RETAILER AS
13 AUTHORIZED UNDER THIS SUBSECTION (3.5), A LICENSEE MUST:
14 (I) HAVE ALL APPLICABLE PERMITS ISSUED UNDER THIS SUBSECTION
15 (3.5) TO SELL ALCOHOL BEVERAGES;
16 (II) SELL OR DELIVER NO MORE THAN SIX GALLONS OF ALCOHOL
17 BEVERAGES PER RETAILER PER DAY;
18 (III) SELL AND DELIVER ONLY TO A RETAILER WITHIN TWENTY-FIVE
19 MILES FROM THE LICENSEE'S LICENSED PREMISES;
20 (IV) SELL AND DELIVER ONLY FROM THE LICENSEE'S LICENSED
21 PREMISES;
22 (V) NOT SELL OR DELIVER MALT LIQUOR IN A BREWERY-SEALED,
23 SINGLE CONTAINER THAT CONTAINS FOUR OR MORE GALLONS OF MALT
24 LIQUOR; AND
25 (VI) ENSURE THAT DELIVERY OF THE ALCOHOL BEVERAGES IS
26 MADE ONLY BY THE LICENSEE OR AN EMPLOYEE OF THE LICENSEE AND
27 ONLY IN A VEHICLE OWNED OR LEASED BY THE LICENSEE THAT DOES NOT
28 EXCEED NINE THOUSAND POUNDS GROSS VEHICLE WEIGHT.
29 (c) (I) (A) THE STATE LICENSING AUTHORITY SHALL PROMULGATE
30 RULES NECESSARY TO ENFORCE THIS SUBSECTION (3.5), INCLUDING
31 CREATING A PERMIT FOR THE SALE AND DELIVERY OF ALCOHOL BEVERAGES
32 BY A RETAIL LIQUOR STORE TO RETAILERS, SETTING FEES FOR THE
33 PROCESSING AND APPROVAL OF A RETAILER SALE AND DELIVERY PERMIT
34 APPLICATION, AND ANY OTHER MATTER NECESSARY FOR THE SAFE AND
35 EFFECTIVE IMPLEMENTATION OF THIS SECTION.
36 (B) IN PROMULGATING THE RULES PURSUANT TO SUBSECTION
37 (3.5)(c)(I)(A) OF THIS SECTION, THE STATE LICENSING AUTHORITY SHALL
38 ENGAGE WITH AND SEEK INPUT FROM VARIOUS ALCOHOL INDUSTRY
39 STAKEHOLDERS.
40 (II) THE STATE LICENSING AUTHORITY SHALL ISSUE A PERMIT TO A
41 LICENSEE TO SELL ALCOHOL BEVERAGES TO ANOTHER RETAILER IF THE
42 LICENSEE DEMONSTRATES THE ABILITY TO COMPLY WITH THIS SECTION. A
43 PERMIT ISSUED UNDER THIS SUBSECTION (3.5)(c) IS SUBJECT TO THE
44 SUSPENSION AND REVOCATION PROVISIONS SET FORTH IN SECTION
45 44-3-601.
46 (d) (I) A LOCAL LICENSING AUTHORITY MAY CREATE A PERMIT FOR
47 THE SALE AND DELIVERY OF ALCOHOL BEVERAGES TO RETAILERS
48 PURSUANT TO THIS SUBSECTION (3.5). IF A LOCAL LICENSING AUTHORITY
49 DOES NOT CREATE A PERMIT UNDER THIS SUBSECTION (3.5)(d), A LICENSEE
50 NEED NOT OBTAIN A LOCAL PERMIT TO SELL AND DELIVER ALCOHOL
51 BEVERAGES PURSUANT TO THIS SUBSECTION (3.5).
52 (II) A LOCAL LICENSING AUTHORITY MAY ESTABLISH FEES FOR THE
53 PROCESSING AND APPROVAL OF A SALE AND DELIVERY PERMIT
54 APPLICATION, BUT THE AMOUNT OF THE FEES MUST NOT EXCEED THE
55 AMOUNT OF THE FEES SET BY THE STATE LICENSING AUTHORITY UNDER
56 SUBSECTION (3.5)(c)(I) OF THIS SECTION.
1 (III) IF A LOCAL LICENSING AUTHORITY CREATES A RETAIL SALE
2 AND DELIVERY PERMIT:
3 (A) A LICENSEE MUST OBTAIN THE PERMIT TO SELL AND DELIVER
4 ALCOHOL BEVERAGES AS AUTHORIZED UNDER THIS SUBSECTION (3.5); AND
5 (B) THE LOCAL LICENSING AUTHORITY SHALL ISSUE A PERMIT TO
6 A LICENSEE TO SELL AND DELIVER ALCOHOL BEVERAGES IF THE LICENSEE
7 DEMONSTRATES THE ABILITY TO COMPLY WITH THIS SECTION.
8 (IV) A PERMIT ISSUED UNDER THIS SUBSECTION (3.5)(d) IS SUBJECT
9 TO THE SUSPENSION AND REVOCATION PROVISIONS SET FORTH IN SECTION
10 44-3-601.
11 (V) A MANUFACTURER LICENSED UNDER SECTION 44-3-402 THAT
12 OPERATES A SALES ROOM OR A WHOLESALER LICENSED UNDER SECTION
13 44-3-407 THAT OPERATES A SALES ROOM NEED NOT OBTAIN A PERMIT
14 FROM A LOCAL LICENSING AUTHORITY TO SELL AND DELIVER AN ALCOHOL
15 BEVERAGE OR TO ALLOW A CUSTOMER TO REMOVE AN ALCOHOL BEVERAGE
16 FROM THE LICENSED PREMISES.
17 (e) A LICENSEE SHALL SUBMIT AN APPLICATION FOR A PERMIT
18 ISSUED UNDER THIS SECTION TO THE STATE LICENSING AUTHORITY AND THE
19 LOCAL LICENSING AUTHORITY, IF APPLICABLE, SIMULTANEOUSLY.
20 APPROVAL BY EITHER THE STATE LICENSING AUTHORITY OR A LOCAL
21 LICENSING AUTHORITY DOES NOT GUARANTEE APPROVAL BY THE OTHER
22 LICENSING AUTHORITY.".
23
24 Strike "44-3-409" and substitute "44-3-409 IN ACCORDANCE WITH SECTION
25 44-3-409 (3.5)" on" Page 8, line 8; Page 9, line 19; Page 11, line 5; Page
26 12, line 17; Page 14, line 3; Page 15, line 16; Page 16, line 27; Page 18,
27 line 11; Page 19, line 24; Page 21, line 10; and Page 22, line 23.
28
29 Strike "44-3-409, 44-3-410" and substitute "44-3-409, 44-3-410," on:
30 Page 8, line 14; Page 9, line 26; Page 11, line 12; Page 12, line 24; Page
31 14, line 10; Page 15, line 23; Page 17, line 7; Page 18, line 18; Page 20,
32 line 3; Page 21, line 17; and Page 23, line 4.
33
34 Page 1 of the bill, line 104, strike "REMOVING" and substitute
35 "ADJUSTING".
36
37 Page 11 of the report, line 8, strike "SEVENTEEN" and substitute
38 "TWENTY-ONE".
39
40

House Journal, April 24
8 HB24-1373 be amended as follows, and as so amended, be referred to
9 the Committee of the Whole with favorable
10 recommendation:
11
12 Amend the Finance Committee Report, dated April 11, 2024, page 1,
13 strike lines 18 through 21.
14
15 Strike pages 2 and 3 of the report.
16
17 Page 4 of the report, strike lines 1 through 5.
18
19 Amend printed bill, page 34, before line 24 insert:
20
21 "SECTION 30. Appropriation. (1) For the 2024-25 state fiscal
22 year, $190,086 is appropriated to the department of revenue. This
23 appropriation is from liquor enforcement division and state licensing
24 authority cash fund created in 44-6-101, C.R.S. To implement this act, the
25 department may use this appropriation as follows:
26 (a) $50,518 for use by the specialized business group for personal
27 services related to liquor and tobacco enforcement, which amount is
6 28 based on an assumption that the division will require an additional 0.
29 FTE;
30 (b) $14,108 for use by the specialized business group for operating
31 expenses related to liquor and tobacco enforcement; and
32 (c) $125,460 for the purchase of legal services.
33 (2) For the 2024-25 state fiscal year, $125,460 is appropriated to
34 the department of law. This appropriation is from reappropriated funds
35 received from the department of revenue under subsection (1)(c) of this
36 section and is based on an assumption that the department of law will
37 require an additional 0.5 FTE. To implement this act, the department of
38 law may use this appropriation to provide legal services for the
39 department of revenue.".
40
41 Renumber succeeding section accordingly.
42
43 Page 1 of the bill, line 110, strike "AND".
44
45 Page 1 of the bill, line 113, strike "VOLUME." and substitute "VOLUME
46 AND MAKING AN APPROPRIATION.".
47
48

House Journal, May 3
7 Amendment No. 1, Appropriations Report, dated April 25, 2024, and
8 placed in member's bill file; Report also printed in House Journal,
9 April 25, 2024.
10
11 Amendment No. 2, Finance Report, dated April 11, 2024, and placed in
12 member's bill file; Report also printed in House Journal, April 12, 2024.
13
14 Amendment No. 3, Business Affairs & Labor Report, dated April 4, 2024,
15 and placed in member's bill file; Report also printed in House Journal,
16 April 5, 2024.
17
18 Amendment No. 4, by Representative Ricks:
19
20 Amend the Finance Committee Report, dated April 11, 2024, page 1,
21 strike lines 1 through 13 and substitute:
22
23 "Amend the Business Affairs and Labor Committee Report, dated April
24 4, 2024, page 5, strike lines 10 through 20 and substitute "DRUGSTORE
25 LICENSE ONLY IF THE LICENSEE IS LICENSED ON THE EFFECTIVE DATE OF
26 THIS SECTION, AS AMENDED.".".
27
28 Page 3 of the printed bill, line 11, strike "OR RENEWAL LICENSE".
29
30 Page 3 of the bill, line 12, strike "OR RENEWAL LICENSE".
31
32 Page 3 of the bill, strike lines 15 through 27.
33
34 Page 4 of the bill, strike lines 1 through 9.".
35
36 Amendment No. 5, by Representative Clifford:
37
38 Amend the Finance Committee Report, dated April 11, 2024, page 1,
39 after line 13, insert:
40
41 "Page 5 of the Business Affairs and Labor Committee Report, line 23,
42 strike "NOT PLACE ANY" and substitute "NOT:
43 (a) PLACE ANY".
44
45 Page 5 of the Business Affairs and Labor Committee Report, line 25,
46 strike "(a)" and substitute "(I)".
47
48 Page 5 of the Business Affairs and Labor Committee Report, line 27,
49 strike "(b)" and substitute "(II)".
50
51 Page 5 of the Business Affairs and Labor Committee Report, line 28,
52 strike "(c)" and substitute "(III)".
53
54 Page 5 of the Business Affairs and Labor Committee Report, line 29,
55 strike "BEVERAGES."." and substitute "BEVERAGES; OR
56
1 (b) ALLOW CUSTOMERS ACCESS TO SINGLE BOTTLES OF ALCOHOL
2 BEVERAGES THAT ARE TWO HUNDRED FIFTY MILLILITERS OR LESS. THE
3 LICENSEE SHALL STORE SUCH ALCOHOL BEVERAGES BEHIND A COUNTER OR
4 IN A LOCKED CASE AND PROHIBIT CUSTOMER ACCESS WITHOUT EMPLOYEE
5 ASSISTANCE.".".
6
7 Page 5 of the Business Affairs and Labor Committee Report, line 33,
8 strike "FOURTEEN" and substitute "SEVENTEEN".".
9
10 Page 1 of the Finance Committee report, after line 15, insert:
11
12 "Page 6 of the Business Affairs and Labor Committee Report, line 10,
13 strike "NOT PLACE" and substitute "NOT:
14 (a) PLACE".
15
16 Page 6 of the Business Affairs and Labor Committee Report, line 12,
17 strike "(a)" and substitute "(I)".
18
19 Page 6 of the Business Affairs and Labor Committee Report, line 14,
20 strike "(b)" and substitute "(II)".
21
22 Page 6 of the Business Affairs and Labor Committee Report, line 15,
23 strike "(c)" and substitute "(III)".
24
25 Page 6 of the Business Affairs and Labor Committee Report, line 16,
26 strike "BEVERAGES."." and substitute "BEVERAGES; OR
27 (b) ALLOW CUSTOMERS ACCESS TO SINGLE BOTTLES OF ALCOHOL
28 BEVERAGES THAT ARE TWO HUNDRED FIFTY MILLILITERS OR LESS. THE
29 LICENSEE SHALL STORE SUCH ALCOHOL BEVERAGES BEHIND A COUNTER OR
30 IN A LOCKED CASE AND PROHIBIT CUSTOMER ACCESS WITHOUT EMPLOYEE
31 ASSISTANCE.".".
32
33 Page 6 of the Business Affairs and Labor Committee Report, line 19,
34 strike "FOURTEEN" and substitute "SEVENTEEN".".
35
36 Page 4 of the Finance Committee Report, strike lines 6 and 7 and
37 substitute:
38
39 "Page 11 of the Business Affairs and Labor Committee Report, strike
40 lines 7 through 9 and substitute:
41
42 "Page 1 of the bill, line 112, strike "FOURTEEN" and substitute
43 "SEVENTEEN".".".
44
45 Amendment No. 6, by Representative Ricks:
46
47 Amend the Business Affairs and Labor Committee Report, dated April 4,
407 48 2024, page 6, line 4, strike "EXCEPT AS PROVIDED IN SECTION 44-3-
49 (5), A" and substitute "A".
50
51 Page 6 of the report, line 7, strike "THE HANDLING, SALE, AND DELIVERY
52 OF" and substitute "STOCKING AND REPLENISHING".
53
54 Page 6 of the report, after line 9, insert:
55
56
1 "Page 4 of the printed bill, line 23, strike "(8) and (9)" and substitute "(8),
2 (9), and (10)".".
3
4 Page 6 of the report, strike line 21 and substitute "BY VOLUME.
5 (10) A PERSON LICENSED PURSUANT TO SUBSECTION (1)(c) OF THIS
6 SECTION SHALL ENSURE THAT ALL WORK PERFORMED ON THE LICENSED
7 PREMISES IN CONNECTION WITH STOCKING AND REPLENISHING FERMENTED
8 MALT BEVERAGES AND WINE IS PERFORMED BY AN EMPLOYEE OF THE
9 LICENSEE.".".
10
11 Amendment No. 7, by Representative Amabile:
12
13 Amend printed bill, page 2, after line 1 insert:
14 "SECTION 1. In Colorado Revised Statutes, 44-3-103, add
15 (21.5) and (22.5) as follows:
16 44-3-103. Definitions. As used in this article 3 and article 4 of
17 this title 44, unless the context otherwise requires:
18 (21.5) "INFLATION" MEANS THE ANNUAL PERCENTAGE CHANGE IN
19 THE UNITED STATES DEPARTMENT OF LABOR'S BUREAU OF LABOR
20 STATISTICS CONSUMER PRICE INDEX, OR A SUCCESSOR INDEX, FOR
21 DENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID BY URBAN
22 CONSUMERS.
23 (22.5) "KEG" MEANS A PRESSURIZED, FACTORY-SEALED CASK OR
24 BARREL CONTAINING TWO GALLONS OR MORE OF MALT LIQUOR.".
25
26 Renumber succeeding sections accordingly.
27
28 Page 8, line 11, strike "44-4-104 (1)(c)." and substitute "44-4-104 (1)(c)
29 AND, DURING A CALENDAR MONTH, NOT MORE THAN FIVE THOUSAND
30 DOLLARS' WORTH OF MALT AND VINOUS LIQUORS FROM A RETAILER
31 LICENSED PURSUANT TO SECTION 44-3-409. A PERSON LICENSED UNDER
32 THIS SECTION MAY PURCHASE A KEG ONLY FROM A WHOLESALER.".
33
34 Page 12, strike line 21 and substitute "(1)(c) AND, DURING A CALENDAR
35 MONTH, NOT MORE THAN FIVE THOUSAND DOLLARS' WORTH OF MALT,
36 VINOUS, OR SPIRITUOUS LIQUORS FROM A RETAILER LICENSED PURSUANT
37 TO SECTION 44-3-409. A PERSON LICENSED UNDER THIS SECTION MAY
38 PURCHASE A KEG ONLY FROM A WHOLESALER.".
39
40 Page 14, strike line 7 and substitute "(1)(c) AND, DURING A CALENDAR
41 MONTH, NOT MORE THAN FIVE THOUSAND DOLLARS' WORTH OF MALT,
42 VINOUS, OR SPIRITUOUS LIQUORS FROM A RETAILER LICENSED PURSUANT
43 TO SECTION 44-3-409. A PERSON LICENSED UNDER THIS SECTION MAY
44 PURCHASE A KEG ONLY FROM A WHOLESALER.".
45
46 Page 15, strike line 20 and substitute "(1)(c) AND, DURING A CALENDAR
47 MONTH, NOT MORE THAN FIVE THOUSAND DOLLARS' WORTH OF MALT,
48 VINOUS, OR SPIRITUOUS LIQUORS FROM A RETAILER LICENSED PURSUANT
49 TO SECTION 44-3-409. A PERSON LICENSED UNDER THIS SECTION MAY
50 PURCHASE A KEG ONLY FROM A WHOLESALER.".
51
52 Page 29, line 9, strike "3 OR" and substitute "3; and EXCEPT THAT, DURING
53 A CALENDAR MONTH, A PERSON LICENSED UNDER THIS SECTION MAY
54 PURCHASE UP TO FIVE THOUSAND DOLLARS' WORTH OF ALCOHOL
55 BEVERAGES".
56
1 Page 29, line 10, strike "SECTION; and" and substitute "SECTION. A
2 PERSON LICENSED UNDER THIS SECTION MAY PURCHASE A KEG ONLY FROM
3 A WHOLESALER.".
4
5 Page 34, after line 23 insert:
6 "SECTION 30. In Colorado Revised Statutes, add 44-3-314 as
7 follows:
8 44-3-314. Adjustments for inflation - retail-to-retail sales.
9 (1) ON JANUARY 1, 2025, AND EACH JANUARY 1 THEREAFTER, THE STATE
10 LICENSING AUTHORITY SHALL ADJUST FOR INFLATION THE PURCHASE
11 LIMITATIONS FOR SALES BETWEEN RETAIL LICENSEES SPECIFIED IN
12 SECTIONS 44-3-409 (2)(a)(I), 44-3-411 (2)(a), 44-3-413 (7)(b)(I),
13 44-3-414 (2)(a), 44-3-416 (2)(a), 44-3-417 (3)(a), 44-3-418 (2)(a),
14 44-3-419 (4)(a), 44-3-420 (2)(a), 44-3-422 (3)(a), 44-3-426 (4)(a), AND
15 44-3-428 (2)(a).
16 (2) THE STATE LICENSING AUTHORITY SHALL PUBLISH THE
17 ADJUSTED PURCHASE LIMITATION AMOUNT ON THE LIQUOR ENFORCEMENT
18 DIVISION'S WEBSITE.".
19
20 Renumber succeeding section accordingly.
21
22 Strike "3 OR FROM A RETAILER LICENSED PURSUANT TO SECTION 44-3-409"
23 and substitute "3" on: Page 8, lines 7 and 8; Page 9, lines 18 and 19;
24 Page 11, lines 4 and 5; Page 12, lines 16 and 17; Page 14, lines 2 and 3;
25 Page 15, lines 15 and 16; Page 16, line 27; Page 18, line 11; Page 19,
26 lines 23 and 24; Page 21, lines 9 and 10; and Page 22, lines 22 and 23.
27
28 Strike "44-4-104 (1)(c)." and substitute "44-4-104 (1)(c) AND, DURING A
29 CALENDAR MONTH, NOT MORE THAN FIVE THOUSAND DOLLARS' WORTH OF
30 MALT, VINOUS, OR SPIRITUOUS LIQUORS FROM A RETAILER LICENSED
31 PURSUANT TO SECTION 44-3-409. A PERSON LICENSED UNDER THIS
32 SECTION MAY PURCHASE A KEG ONLY FROM A WHOLESALER." on: Page 9,
33 line 23; Page 11, line 9; Page 17, line 4; Page 18, line 15; Page 19, line
34 27; Page 21, line 14; and Page 23, line 1.
35
36 Strike "44-3-409, 44-3-410" and substitute "44-3-409, 44-3-410," on:
37 Page 8, line 14; Page 9, line 26; Page 11, line 12; Page 12, line 24; Page
38 14, line 10; Page 15, line 23; Page 17, line 7; Page 18, line 18; Page 20,
39 line 3; Page 21, line 17; and Page 23, line 4.
40
41 As amended, ordered engrossed and placed on the Calendar for Third
42 Reading and Final Passage.
43