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Second Regular Session
Sixty-first General Assembly
LLS NO. 980598.01D JLB
HOUSE BILL 981292
STATE OF COLORADO
BY REPRESENTATIVE Schauer;
also SENATOR B. Alexander.
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
CONCERNING THE SALE OF ALCOHOL BEVERAGES.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Authorizes hotels with a hotel and restaurant license to sell custom private label vinous liquor to their guests for offpremises consumption if such liquor is provided in 750 milliliter sealed containers.
Authorizes licensees to provide free samples of alcohol beverages to persons over 21 years of age. Makes it unlawful for a licensee to charge a manufacturer or wholesaler a fee for services rendered in connection with the exhibition of the manufacturer's or wholesaler's products if:
C The exhibition takes place on public property; and
C Free samples of alcohol beverages are provided to persons over 21 years of age who are attending a trade show of a national or statewide trade association that derives its income from the membership dues of licensees.
Makes it unlawful for a property carrier using motor
vehicles and engaged in interstate and intrastate commerce to
deliver alcohol beverages for any person who is involved in the
sale of alcohol beverages and is not licensed to do so.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 1247411, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
1247411. Hotel and restaurant license. (3.5) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE TO THE CONTRARY, A HOTEL LICENSED PURSUANT TO THIS SECTION MAY SELL CUSTOM PRIVATE LABEL VINOUS LIQUOR TO ITS GUESTS FOR OFFPREMISES CONSUMPTION IF SUCH VINOUS LIQUOR IS PROVIDED BY THE HOTEL IN SEVEN HUNDRED FIFTY MILLILITER SEALED CONTAINERS ON THE LICENSED PREMISES.
SECTION 2. 1247901 (1) (l), Colorado Revised Statutes, is amended, and the said 1247901 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:
1247901. Unlawful acts exceptions. (1) Except as provided in section 1813122, C.R.S., it is unlawful for any person:
(l) Who is a
carrier regulated under article 10 or 11 of title 40, C.R.S.
PROPERTY CARRIER BY MOTOR VEHICLE IN INTERSTATE OR INTRASTATE
COMMERCE, or is an agent or employee of such common
PROPERTY carrier, to deliver alcohol beverages for any person
INVOLVED IN THE SALE OF ALCOHOL BEVERAGES who has not been issued
a license or permit pursuant to this article.
(7.5) NOTWITHSTANDING ANY OTHER PROVISION IN THIS ARTICLE OR ARTICLE 46 OF THIS TITLE, A PERSON LICENSED PURSUANT TO THIS ARTICLE OR ARTICLE 46 OF THIS TITLE MAY PROVIDE SAMPLES OF ALCOHOL BEVERAGES FREE OF CHARGE TO ANY PERSON WHO HAS ATTAINED TWENTYONE YEARS OF AGE.
(7.7) IT IS UNLAWFUL FOR ANY PERSON LICENSED PURSUANT TO THIS ARTICLE OR ARTICLE 46 OF THIS TITLE TO CHARGE A LICENSED MANUFACTURER OR WHOLESALER A FEE FOR SERVICES RENDERED OR TO BE RENDERED IN CONNECTION WITH THE EXHIBITION OF SUCH MANUFACTURER'S OR WHOLESALER'S PRODUCTS WHEN SUCH EXHIBITION:
(a) TAKES PLACE ON PUBLICLY OWNED LICENSED PREMISES; AND
(b) PROVIDES ALCOHOL BEVERAGE SAMPLES FREE OF CHARGE TO PERSONS WHO HAVE ATTAINED TWENTYONE YEARS OF AGE AND ARE IN ATTENDANCE AT A TRADE SHOW, CONFERENCE, CONVENTION, OR SIMILAR BUSINESS MEETING OF A NATIONAL OR STATEWIDE TRADE ASSOCIATION THAT DERIVES ITS INCOME FROM THE MEMBERSHIP DUES OF BUSINESSES LICENSED UNDER THIS ARTICLE.
SECTION 3. Effective date applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
(2) The provisions of this act shall apply to sales made on or after the applicable effective date of this act.