Colorado § 44-3-411 - Beer and wine license.

§ 44-3-411. Beer and wine license.

(1) A beer and wine license shall be issued to persons selling malt and vinous liquors for consumption on the premises. Beer and wine licensees shall have sandwiches and light snacks available for consumption on the premises during business hours, but need not have meals available for consumption.

(2) (a) Every person selling malt and vinous liquors as provided in this section shall purchase malt and vinous liquors only from a wholesaler licensed pursuant to this article 3; except that, during a calendar year, a person selling malt and vinous liquors as provided in this section may purchase not more than seven thousand dollars' worth of malt and vinous liquors from retailers licensed pursuant to sections 44-3-409, 44-3-410, and 44-4-104 (1)(c). On January 1, 2025, and each January 1 thereafter, the state licensing authority shall adjust the purchase limitation specified in this subsection (2)(a) for inflation and shall publish the adjusted purchase limitation amount on the liquor enforcement division's website.

(b) A beer and wine licensee shall retain evidence of each purchase of malt and vinous liquors from a retailer licensed pursuant to section 44-3-409, 44-3-410, or 44-4-104 (1)(c), in the form of a purchase receipt showing the name of the licensed retailer, the date of purchase, a description of the malt or vinous liquor purchased, and the price paid for the purchase. The beer and wine licensee shall retain the receipt and shall make it available to the state and local licensing authorities at all times during business hours.

(3) It is unlawful for any owner, part owner, shareholder, or person interested directly or indirectly in a beer and wine license to conduct, own either in whole or in part, or be directly or indirectly interested in any other business licensed pursuant to this article 3 or article 4 of this title 44; except that the person may have an interest in a license described in section 44-3-401 (1)(j) to (1)(t), (1)(v), or (1)(w), 44-3-412 (1), or 44-4-104 (1)(c) or in a financial institution referred to in section 44-3-308 (4).

Source: L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1011, § 2, effective October 1. L. 2019: (1) and (2) amended, (SB 19-011), ch. 1, p. 9, § 12, effective January 31. L. 2024: (2)(a) amended, (SB 24-231), ch. 205, p. 1258, § 15, effective August 7.

Editor's note: This section is similar to former § 12-47-409 as it existed prior to 2018.

ANNOTATION

Annotator's note. The following annotations include cases decided under the 1973 version of former § 12-47-111.

Separate classification for "hotel and restaurant" and "beer and wine" licenses. A license permitting hotels and restaurants to sell spirituous liquors in addition to beer and wine to their patrons is an entirely separate class of permit from a "beer and wine" license. Huerta v. Canjar, 37 Colo. App. 462, 550 P.2d 897 (1976), rev'd on other grounds, 193 Colo. 388, 566 P.2d 1071 (1977).

The need for separate classification is obvious in that an exclusively beer and wine license in a restaurant situation will serve a different clientele than that of a license which also provides for the service of spirituous liquors. Huerta v. Canjar, 37 Colo. App. 462, 550 P.2d 897 (1976), rev'd on other grounds, 193 Colo. 388, 566 P.2d 1071 (1977).

Provision for the separate classifications of hotel and restaurant license and beer and wine license was not an arbitrary or unreasonable act on the part of the general assembly. Huerta v. Canjar, 37 Colo. App. 462, 550 P.2d 897 (1976), rev'd on other grounds, 193 Colo. 388, 566 P.2d 1071 (1977).

The fact that a particular type of license is not authorized in the neighborhood does not require the issuance of such a license, if, in fact, the needs of the neighborhood, with respect to the type of beverage authorized to be sold by the license requested, are being met by existing licenses. Huerta v. Canjar, 193 Colo. 388, 566 P.2d 1071 (1977).