Arielle Cruz
The delivery of alcohol in Colorado has been a topic of discussion in recent years, with changes to legislation being made. Gov. Jared Polis originally approved the delivery and takeout of alcohol via an executive order during the pandemic. This approval was temporary and aimed to support restaurants facing restrictions and shutdowns. Since then, legislation has been introduced to authorize businesses with specific alcohol beverage licenses to sell and deliver alcohol for off-premises consumption. Third-party alcohol delivery is illegal in Colorado, but restaurants are permitted to use their own employees for deliveries until July 1, 2025.
| Characteristics | Values |
|---|---|
| Third-party alcohol delivery | Illegal |
| Alcohol delivery by restaurants | Legal until July 1, 2025 |
| ID check | Required |
| Signature | Required |
| State permit | Required |
| Local permit | Required |
| Age limit | 21 years |
| Volume limit (vinous and spirituous liquors) | 750 ml |
| Volume limit (malt liquors, fermented malt beverages, and hard cider) | 72 fluid ounces |
| Revenue limit from alcohol deliveries | 50% of gross annual revenue |
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What You'll Learn
Third-party delivery is illegal
Third-party delivery of alcohol is illegal in Colorado. While the state allows the sale and delivery of alcohol beverages for off-premises consumption, the retailer must comply with specific requirements. One crucial condition is that retailers, including manufacturers or wholesalers with sales rooms, must use their own employees for alcohol delivery. This means that third-party services like DoorDash, Uber, and Instacart are not permitted to deliver alcohol in Colorado.
The restriction on third-party delivery stems from concerns about compliance and liability. Colorado law requires businesses to provide company-owned or leased vehicles for alcohol delivery, which is a burden for some smaller stores that cannot afford this expense. Additionally, there are concerns about safeguarding against sales to minors and intoxicated individuals. In-store and restaurant purchases have built-in safeguards, such as ID checks and signature requirements, which are more challenging to enforce with third-party delivery services.
The state has implemented measures to ensure compliance with alcohol delivery regulations. The Liquor Enforcement Division (LED) reviews written agreements between retailers and third-party delivery agents to ensure compliance with applicable statutes and rules. Retail licensees are mandated to provide LED with copies of these agreements and make any necessary amendments to ensure compliance. However, if a retailer uses its own employees for alcohol delivery, it does not need to submit anything to LED for review, provided that it complies with relevant regulations.
The legality of third-party alcohol delivery in Colorado has been a subject of debate. Proposition 126, which would have allowed licensed stores and businesses to deliver alcohol through third-party companies, was rejected by a slim majority in the November midterm elections. Opponents of the proposition, including small, independent liquor stores, argued that it would lead to a loss of business and that tech companies pushing for the measure lacked sufficient safeguards to prevent sales to minors. On the other hand, supporters contended that allowing third-party delivery would benefit businesses that lack the resources to provide delivery services independently.
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ID checks are required
Alcohol deliveries in Colorado require ID checks and signatures on phones, and the process is heavely regulated. This is to ensure that alcohol is only delivered to customers who are 21 years of age or older. In states where it is legal, apps like Instacart require customers to take a course before they can deliver alcohol. Similarly, apps may require customers to upload their ID before placing an order. Upon delivery, the driver will take a picture of the ID using the app. Leaving the delivery at the door without verifying the customer's ID is typically not allowed.
While third-party alcohol delivery is illegal in Colorado, restaurants are permitted to use their own employees for alcohol delivery until July 1, 2025. This temporary approval was granted by Governor Jared Polis to support restaurants struggling with shutdowns and COVID-era restrictions. However, it is important to note that the law surrounding alcohol delivery in Colorado may evolve, and it is recommended to stay informed about any updates or changes to the legislation.
To comply with the law, both the retailer and the delivery driver must ensure that the customer's age is verified through a valid ID check. This helps to prevent underage individuals from accessing alcohol. It is the responsibility of the retailer and the delivery driver to follow the legal requirements and perform the necessary ID checks. Failure to do so can result in legal consequences and liability for both parties.
Retailers and delivery drivers should be aware of the potential risks and take the necessary steps to comply with the law. This includes training staff or drivers on how to properly verify a customer's age and the types of identification that are acceptable. By following these procedures, businesses can minimize their legal risk and ensure that alcohol is delivered responsibly and only to those of legal drinking age.
Additionally, it is worth noting that there may be specific regulations or requirements for ID checks in Colorado. These could include acceptable forms of identification, the use of approved scanners or verification apps, or other measures to ensure the validity and security of the ID checking process. It is important for businesses and individuals involved in alcohol delivery to be familiar with the specific rules and guidelines in their state or local area.
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Restaurants can deliver until 2025
In Colorado, third-party alcohol delivery is illegal. However, restaurants and retailers can legally deliver alcohol to customers using their own employees. This legislation was originally approved temporarily by Governor Jared Polis via an executive order during the pandemic. The legislation offered a boost to restaurants struggling amid shutdowns and COVID-era restrictions.
The act authorizes businesses (retailers) with specific types of alcohol beverage licenses to sell and deliver alcohol to customers for off-premises consumption. These licenses include a manufacturer or wholesaler license, a fermented malt beverage on- and off-premises retailer's license, and an on-premises retailer's license. Additionally, the retailer must obtain a state permit and, if applicable, a local permit to sell and deliver alcohol.
There are also restrictions on the quantity of alcohol that can be delivered. If the governor has not declared a disaster emergency, and the retailer is not a wholesaler or manufacturer that operates a sales room, the following limits apply: no more than 750 milliliters of vinous and spirituous liquors, and no more than 72 fluid ounces of malt liquors, fermented malt beverages, and hard cider. Furthermore, the retailer must ensure that alcohol deliveries are only made to customers who are 21 years of age or older.
It's important to note that the legislation allowing restaurants to deliver alcohol in Colorado is currently set to expire on July 1, 2025. Until that date, restaurants can continue to use their employees to deliver alcohol to customers, providing a convenient option for those wishing to enjoy alcoholic beverages at home. This temporary legislation has provided a valuable source of revenue for restaurants, especially during the challenging times of the pandemic.
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State and local permits needed
In Colorado, liquor licensing requires retailers to first obtain license approval at the local government level. For new license applicants, this usually involves demonstrating the neighbourhood needs and desires for each new liquor license. Local governments will typically conduct a background investigation of the individuals involved with a retail liquor license application.
An exception to this rule is if the retailer is a chain store or an entity with multiple liquor licenses across the state. In this case, the Division of Liquor Enforcement will conduct a single background investigation to avoid repetition.
If the retailer is a manufacturer, wholesaler, importer, or public transportation carrier, they must obtain a state-only issued license from the Division.
To deliver alcohol in Colorado, a retailer must obtain a state permit and, if applicable, a local permit. The retailer must apply to both the state and local licensing authorities simultaneously. The act of delivering alcohol is restricted to employees of the licensee who are 21 years of age or older and have completed seller and server training under the responsible vendor program.
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Sales volume is restricted
Alcohol delivery is legal in Colorado, but sales volume is restricted. Gov. Jared Polis originally approved delivery and to-go alcohol via an executive order during the pandemic. This provided a boost to restaurants that were struggling amid shutdowns and COVID-era restrictions.
The law allows retailers with specific alcohol beverage licenses to sell and deliver alcohol for off-premises consumption. This includes manufacturers or wholesalers with a license and a sales room. However, there are volume restrictions in place. If the governor has not declared a disaster emergency, these license holders can sell or deliver no more than 750 milliliters of vinous or spirituous liquors and no more than 72 fluid ounces of malt liquors, fermented malt beverages, and hard cider. Additionally, no more than 50% of their gross annual revenue should come from the sale of alcohol through takeout and delivery orders.
To comply with the law, retailers must obtain state and local permits for takeout and delivery alcohol sales. Local licensing authorities can establish fees for processing and approving applications. These permits ensure that alcohol delivery is well-regulated and help maintain control over the volume of alcohol sold and delivered in the state. The regulations also specify that alcohol deliveries can only be made to customers who are 21 years of age or older, further emphasizing the focus on responsible sales and consumption.
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Frequently asked questions
Yes, it is legal for restaurants to deliver alcohol in Colorado, but only until July 1, 2025.
Only restaurant employees are permitted to deliver alcohol. Third-party alcohol delivery is illegal in Colorado.
An ID check and signature are normally required for alcohol deliveries. The recipient's ID must be uploaded to the app before ordering, and the driver must take a picture of the ID upon delivery.
Yes, a state permit is required for retailers to deliver alcohol. If a local licensing authority creates a local takeout and delivery permit, a state permit must be obtained in addition to the local permit.
Yes, in addition to delivery, customers can also place orders for alcohol to-go from restaurants.
