Liquor Enforcement Division 2023 Regulatory Agenda Report
The Colorado Department of Revenue (CDOR) submits the following 2023 Departmental Regulatory Agenda Report (Report) in fulfillment of the statutory requirements set forth in §2-7-202(6), 2-7-203, and 24-4-103.3(4), C.R.S. Pursuant to state law, annually on November 1 executive-branch agencies must file the Report in order to provide results of the past year's rulemaking activity.
Pursuant to §2-7- 202(6), C.R.S., the Report must contain:
- (f) Commencing with departmental regulatory agendas submitted on and after November 1, 2013, a list and brief summary of all permanent and temporary rules actually adopted since the previous departmental regulatory agenda was filed.
Pursuant to §24-4-103.3(4), C.R.S., the Report must contain: - (4) Each principal department shall include a report on the results of its mandatory review of rules as part of its departmental regulatory agenda that it submits to the staff of the legislative council for distribution to the applicable committee of reference of the general assembly as outlined in section 2-7-203, C.R.S.
The Agenda is to be filed with Legislative Council Staff for distribution to committee(s) of reference, posted on CDOR’s website, and submitted to the State Library, the Colorado Department of Regulatory Agencies, and the Secretary of State for publication in the Colorado Register.
CDOR must also present its Report as part of its “SMART Act” presentation pursuant to §2-7-203(2)(a), C.R.S.
CDOR works with several boards and commissions that promulgate rules; for ease of use for the consumer, those rules are included in CDOR's Report.
The Report covers Calendar Year 2023 (CY23). Rules that will be completed after November 1, 2022, are be marked as "ongoing" or "in progress".
Rule Number | Rule Title | New rule, | Statutory or | Purpose | Stakeholders | Status | Adoption Date | Comments |
|---|---|---|---|---|---|---|---|---|
| 1 CCR 203-2, Rule 47-009 | Fermented Malt Beverage and Wine Retailer Licenses Distance Requirement. | Revision | §24-4-103(2.5), 44-3-202(1)(b), C.R.S. | The proposed amendments and/or additions to this regulation clarify the availability of the distance requirement exception and remove the requirement regarding intent of use of the building. | LED Liquor Stakeholder List | Ongoing | January 1, 2024 | |
| 1 CCR 203-2, Rule 47-010 | Items Approved for Sale in Fermented Malt Beverage and Wine Retailer Licenses. | Revision | §24-4-103(2.5), 44-3-202(1)(b), C.R.S. | The proposed amendments and/or additions to this regulation clarify the availability of the distance requirement exception and remove the requirement regarding intent of use of the building. | LED Liquor Stakeholder List | Ongoing | January 1, 2024 | |
| 1 CCR 203-2, Rule 47-322 | Unfair Trade Practices and Competition | Revision | §24-4-103(2.5), 44-3-202(1)(b), C.R.S. | The proposed amendments and/or additions to this regulation clarify when a wholesaler may offer alcohol beverage samples to fermented malt beverage on/off premises retailers and removes the prohibition on offering products for samples that a retailer purchased within the last six months. | LED Liquor Stakeholder List | Ongoing | January 1, 2024 | |
| 1 CCR 203-2, Rule 47-405 | Festival Permit | Revision | §24-4-103(2.5), 44-3-202(1)(b), C.R.S. | The proposed amendments and/or additions to this regulation provide additional clarity on when a festival may be held on the licensed premises of a licensee eligible to obtain a festival permit, as well as limiting the addition of participating licensees to at least fifteen (15) calendar days prior to the festival. | LED Liquor Stakeholder List | Ongoing | January 1, 2024 | |
| 1 CCR 203-2, Rule 47-410 | Retail Warehouse Storage Permit | Revision | §24-4-103(2.5), 44-3-202(1)(b), C.R.S. | The proposed amendments and/or additions to this regulation provide greater clarity in the basis and purpose section, as well as allowing fermented and malt beverage and wine retailers to store vinous liquors within a storage warehouse. | LED Liquor Stakeholder List | Ongoing | January 1, 2024 | |
| 1 CCR 203-2, Rule 47-436 | Retail Establishment Permit, Including but not limited to Art Galleries | Revision | §24-4-103(2.5), 44-3-202(1)(b), C.R.S. | The proposed regulation provides eligibility requirements, restrictions, and fees for retail establishment permits under section 44-3-424, C.R.S., which includes art galleries, as amended by HB 23-1061. | LED Liquor Stakeholder List | Ongoing | January 1, 2024 | |
| 1 CCR 203-2, Rule 47-504 | Payment of Excise Taxes by Non-licensees | Revision | §24-4-103(2.5), 44-3-202(1)(b), C.R.S. | The proposed amendments and/or additions to this regulation update the amount of alcohol beverages a non-licensee may lawfully possess without excise tax liability in accordance with 44-3-106(4), C.R.S. | LED Liquor Stakeholder List | Ongoing | January 1, 2024 | |
| 1 CCR 203-2, Rule 47-900 | Conduct of Establishment | Revision | §24-4-103(2.5), 44-3-202(1)(b), C.R.S. | The proposed amendment to this regulation corrects a typographical error. | LED Liquor Stakeholder List | Ongoing | January 1, 2024 | |
| 1 CCR 203-2, Rule 47-913 | Age of Employees | Revision | §24-4-103(2.5), 44-3-202(1)(b), C.R.S. | The proposed amendments and/or additions to this regulation provide clarity on the permitted age of employees serving alcohol beverages under the retail establishment permit, as established by HB 23-1061 in section 44-3-424(1)(b)(X) and (XI), C.R.S. | LED Liquor Stakeholder List | Ongoing | January 1, 2024 | |
| 1 CCR 203-2, Rule 47-916 | Advertising - Alcohol Content | Revision | §24-4-103(2.5), 44-3-202(1)(b), C.R.S. | The proposed amendments and/or additions to this regulation provide clarity in the basis and purpose section and reflect the intent of the rule to regulate advertising in regard to the alcohol content of beverages. | LED Liquor Stakeholder List | Ongoing | January 1, 2024 | |
| 1 CCR 203-2, Rule 47-918 | Removal of Alcohol Beverages from Premises | Revision | §24-4-103(2.5), 44-3-202(1)(b), C.R.S. | The proposed amendments and/or additions to this regulation provide additional statutory references in the basis and purpose section. | LED Liquor Stakeholder List | Ongoing | January 1, 2024 | |
| 1 CCR 203-2, Rule 47-920 | Solicitation of Drinks | Revision | §24-4-103(2.5), 44-3-202(1)(b), C.R.S. | The proposed amendments and/or additions to this regulation provide clarity in the basis and purpose section. | LED Liquor Stakeholder List | Ongoing | January 1, 2024 | |
| 1 CCR 203-2, Rule 47-922 | Gambling | Revision | §24-4-103(2.5), 44-3-202(1)(b), C.R.S. | The proposed amendments and/or additions to this regulation provide additional statutory references in the basis and purpose section, correct typographical errors throughout, update the regulation to include simulated gambling devices, and defines terms as used throughout article 30 of title 44. | LED Liquor Stakeholder List | Ongoing | January 1, 2024 | |
| 1 CCR 203-2, Rule 47-950 | Display of Alcohol Beverages Immediately Adjacent to Soft Drinks, Fruit Juices, Bottled Water, Candy, or Toys | New | §24-4-103(2.5), 44-3-202(1)(b), C.R.S. | The proposed regulation provides guidance on when signage must be posted in areas where alcohol beverages are immediately adjacent to soft drinks, fruit juices, bottled water, candy, or toys to prevent consumer confusion regarding whether a beverage contains alcohol and to help prevent sales of alcohol beverages to persons under 21 years of age, as well as signage size and content requirements. | LED Liquor Stakeholder List | Ongoing | January 1, 2024 |
Schedule | Rule Number | Rule Title | Statutory or | Did review result in revisions to regulation? | Did review result in repeal of any part of the regulation? If so, how many rules? | Did review result in repeal of entire CCR volume? | Adoption Date | Comments |
|---|---|---|---|---|---|---|---|---|
| June 2023 | 1 CCR 203-2, Rule 47-912 | Identification. | §24-4-103.3, C.R.S. | Rule was reviewed and updates were made due to Proposition 125. | ||||
| June 2023 | 1 CCR 203-2, Rule 47-913 | Age of Employees. | §24-4-103.3, C.R.S. | Yes, the proposed amendments and/or additions to this regulation provide clarity on the permitted age of employees serving alcohol beverages under the retail establishment permit, as established by HB 23-1061 in section 44-3-424(1)(b)(X) and (XI), C.R.S. | No | No | January 1,2024 | |
| June 2023 | 1 CCR 203-2, Rule 47-914 | Unlicensed Possession of Beverages. | §24-4-103.3, C.R.S. | Reviewed rule and no changes were made to the rule. | ||||
| July 2023 | 1 CCR 203-2, Rule 47-916 | Advertising - Alcohol Content. | §24-4-103.3, C.R.S. | Yes, the proposed amendments and/or additions to this regulation provides clarity in the basis and purpose section and reflects the intent of the rule to regulate advertising in regard to the alcohol content of beverages. | No | No | January 1,2024 | |
| July 2023 | 1 CCR 203-2, Rule 47-918 | Removal of Alcohol Beverages from Premises. | §24-4-103.3, C.R.S. | Yes, the proposed amendments and/or additions to this regulation provide additional statutory references in the basis and purpose section. | No | No | January 1,2024 | |
| July 2023 | 1 CCR 203-2, Rule 47-920 | Solicitation of Drinks. | §24-4-103.3, C.R.S. | Yes, the proposed amendments and/or additions to this regulation provides clarity in the basis and purpose section. | No | No | January 1,2024 | |
| July 2023 | 1 CCR 203-2, Rule 47-922 | Gambling. | §24-4-103.3, C.R.S. | Yes, the proposed amendments and/or additions to this regulation provide additional statutory references in the basis and purpose section, correct typographical errors throughout, update the regulation to include simulated gambling devices, and defines terms as used throughout article 30 of title 44. | No | No | January 1,2024 | |
| August 2023 | 1 CCR 203-2, Rule 47-924 | Importation and Sole Source of Supply/Brand Registration. | §24-4-103.3, C.R.S. | Reviewed rule and no changes were made to the rule. |
Rule Number | Rule Title | New rule, | Statutory or | Purpose | Stakeholders | Status | Adoption Date | Comments |
|---|---|---|---|---|---|---|---|---|
| 1 CCR 203-2, Rule 47-405 | Festival Permit | Revision | §24-4-103(6)(a), 44-3-202(1)(b), 44-3-202(2)(a)(I)(A), 44-3-202(2) (a)(I)(R), 44-3-404(10), and 44-3- 601(9), C.R.S. | The purpose of adopting this revised rule on an emergency basis includes establishing requirements and procedures to implement and ensure compliance with Senate Bill (SB) 23-264, concerning the ability of certain alcohol beverage license holders to participate in festivals for alcohol beverage retail activity. On May 17, 2023, Governor Polis signed SB23-264 into law, which took effect at 12:01 a.m. on June 1, 2023. SB23- 264 changes certain aspects of the festival permit and festival permit application process, including increasing the application timeline for each festival permit, increasing the processing fee due with each application, and allowing an eligible licensee to participate in up to 52 festivals in a calendar year. | LED Liquor Stakeholder List | Adopted | June 27, 2023 | |
| 1 CCR 203-2, Rule 47-506 | Fees | Revision | §24-4-103(6)(a), 44-3-202(1)(b), 44-3-301(2)(c), 44-3-501(3)-(4), and 44-3-911(4)(a)(III), C.R.S. | The purpose of adopting this revised rule on an emergency basis is to update the fee levels in accordance with statutory requirements and the needs of the Liquor and Tobacco Enforcement Division. Pursuant to subsection 44-3-501(3)(d), C. R.S., the fees established pursuant to section 44- 3-501, C.R.S., shall be reviewed at least annually and adjusted to reflect the direct and indirect costs of the Liquor Enforcement Division and the State Licensing Authority. In accordance with the legislative declaration of section 44-3-102, C.R.S., the Colorado Liquor Code is deemed an exercise of the police powers of the State of Colorado for the protection of the economic and social welfare and the health, peace, and morals of the people of the State of Colorado. Regulation of the manufacture, distribution, and sale of alcohol beverages under the Colorado Liquor Code, Beer and Wine Code, and Special Event Liquor Permits Code is a matter of statewide concern. It is imperatively necessary to adjust fees to ensure continued proper regulation and control over the administration and enforcement of articles 3, 4, and 5 of title 44 to meet these legislative charges and responsibilities and to preserve the public health, safety, and welfare of the State of Colorado. | LED Liquor Stakeholder List | Adopted | June 27, 2023 | |
| 1 CCR 203-2, Rule 47-004, 47- 008, 47-009, 47- 010, 47-100, 47- 200, 47-302, 47- 304, 47-312, 47- 313, 47-318, 47- 322, 47-408, 47- 426, 47-505, 47- 600, 47-605, 47- 606, 47-912, 47- 913, 47-1000 | Fermented Malt Beverages On or On/Off - Possession of Alcohol Liquors; Fermented Malt Beverages - Limitations of License; Fermented Malt Beverage and Wine Retailer Licenses Distance Requirement; Items Approved for Sale in Fermented Malt Beverage and Wine Retailer Licenses; Definitions; 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; Changing, Altering, or Modifying Licensed Premises; Transfer of Ownership and Changes in Licensed Entities; Change of Location; Tastings; Owner-Manager; Unfair Trade Practices and Competition; Purchases by Retailers; Delivery Sales by Off- Premises Licensees; Methods of payment of fees, fines, or other payments made to the State Licensing Authority; Complaints against Licensees - Suspension, Revocation, and Fining of Licenses; Responsible Alcohol Beverage Vendor; Disciplinary and Denial Process for State Licensing Authority; Identification; Age of Employees; Qualifications for Special Event Permit | Revision | §44-3-202(1)(b), 44-3-202(1)(c), 44-3-202(1)(d), 44-3-202(2)(a)(I) (A), 44-3-202(2)(a)(I)(B), 44-3-202 (2)(a)(I)(C), 44-3-202(2)(a)(I)(D), 44-3- 202(2)(a)(I)(E), 44-3-202(2)(a)(I) (G), 44-3-202(2)(a)(I)(J), 44-3-202 (2)(a)(I)(O), 44-3-202(2)(a)(I)(R), 44-3-301(9), 44-3-301(10), 44-3- 901(6)(p), 44-3-901(11)(a), 44-4- 102, 44-4-104, 44-4-105, 44-4-106 (1), 44-4-107(1)(c), 44-4-107(3) (c), 24-4-104, 24-4-105, and 24-5- 101, C.R.S. | The purpose of adopting these revised rules on an emergency basis is to effectuate the conversion of fermented malt beverage off-premises retailers to the new fermented malt beverage and wine retailer license type and ensure compliance with Proposition 125, as passed by the People of the State of Colorado on November 8, 2022. Proposition 125 automatically converts currently licensed Fermented Malt Beverage Off-Premises Retailers to a Fermented Malt Beverage and Wine Retailer and gives these retailers the new privilege to sell vinous liquor in sealed containers in addition to their existing privilege of selling sealed malt beverages for off-premises consumption. Fermented Malt Beverage and Wine Retailers are also given tasting privileges, similar to retail liquor stores and liquor-licensed drugstores. Proposition 125 will become effective on March 1, 2023. In accordance with the legislative declaration of section 44-3-102, C.R.S., the Colorado Liquor Code is deemed an exercise of the police powers of the State of Colorado for the protection of the economic and social welfare and the health, peace, and morals of the people of the State of Colorado. Regulation of the manufacture, distribution, and sale of alcohol beverages is regulated by the Colorado Liquor Code, Beer and Wine Code, and Special Event Liquor Permits Code as a matter of statewide concern. The adoption of these revised emergency rules is imperatively necessary to ensure continued proper regulation and control over the administration and enforcement of articles 3, 4, and 5 of title 44 to meet these legislative charges and responsibilities and to preserve the public health, safety, and welfare of the State of Colorado. | LED Liquor Stakeholder List | Adopted | February 27, 2023 |