First Regular Session
Sixty-second General Assembly
LLS NO. 99-0750.01 Jane Brown HOUSE BILL 99-1320
STATE OF COLORADO
BY REPRESENTATIVE Alexander;
also SENATOR Teck.
AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES
A BILL FOR AN ACT
101 CONCERNING THE SALE OF WINE BY CERTAIN COLORADO LICENSEES.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
States that any licensee manufacturing wine in a state with
reciprocal shipping privileges with Colorado may make interstate wine
shipments pursuant to orders placed by mail, fax, telephone, E-mail, or
other means of electronic communication.
Authorizes Colorado limited wineries to sell any wine
manufactured in this state by a Colorado limited winery. Provides that
limited wineries may deliver such wines to purchasers who place an order
by mail, fax, telephone, E-mail, or other means of electronic
communication.
Current law requires that wine orders be placed in person at the
licensed premises and restricts limited wineries to sales of wine of their
own manufacture.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 12-47-104 (1), Colorado Revised Statutes, is
3 amended to read:
4 12-47-104. Interstate wine shipments - permits.
5 (1) Notwithstanding the provisions of this article or any other law to the
6 contrary, the holder of an alcohol beverage license that authorizes the
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
1 manufacture of vinous liquors in a state that affords Colorado adults or
2 licensees an equal reciprocal shipping privilege may ship, for personal
3 use and not for resale, not more than two cases of vinous liquors (no more
4 than nine liters in each case) per month to any adult resident in this state.
5 Delivery of a shipment pursuant to this section shall not be deemed to
6 constitute a sale in this state. The shipping container of any vinous
7 liquors sent into or out of this state under this section shall be clearly
8 labeled to indicate that the package cannot be delivered to a minor, as
9 defined in section 2-4-401 (6), C.R.S., or to an intoxicated person. The
10 holder of an alcohol beverage license that authorizes the manufacture of
11 vinous liquors in a state other than Colorado may advertise in Colorado
12 the availability of products by shipment to Colorado residents pursuant
13 to this section. Any order for a product to be delivered pursuant to this
14 section shall be made by the purchaser EITHER in person at the licensed
15 premises of the licensee from whom the product is purchased OR BY MAIL,
16 FACSIMILE, TELEPHONE, ELECTRONIC MAIL, OR OTHER MEANS OF
17 ELECTRONIC COMMUNICATION WITH THE LICENSED PREMISES.
18 SECTION 2. 12-47-403 (2) (b), Colorado Revised Statutes, is
19 amended to read:
20 12-47-403. Limited winery license. (2) A limited winery
21 licensee is authorized:
22 (b) To sell vinous liquors of its own manufacture AND VINOUS
23 LIQUORS MANUFACTURED BY OTHER COLORADO LIMITED WINERIES within
24 this state at wholesale, retail, or to consumers, including sales to be
25 delivered by common carrier to purchasers who have visited the licensed
26 premises in person OR PLACED AN ORDER WITH THE LICENSED PREMISES
Page 3
1 BY MAIL, FACSIMILE, TELEPHONE, ELECTRONIC MAIL, OR OTHER MEANS OF
2 ELECTRONIC COMMUNICATION. Any shipping container sent under this
3 paragraph (b) shall be clearly labeled to indicate that such container shall
4 not be delivered to a minor, as defined in section 2-4-401 (6), C.R.S., or
5 to an intoxicated person. The wine shipment permit provisions of section
6 12-47-104 (2) are not applicable to any interstate wine shipment made by
7 a limited winery licensee pursuant to this paragraph (b).
8 SECTION 3. Effective date. This act shall take effect at 12:01
9 a.m. on the day following the expiration of the ninety-day period after
10 final adjournment of the general assembly that is allowed for submitting
11 a referendum petition pursuant to article V, section 1 (3) of the state
12 constitution; except that, if a referendum petition is filed against this act
13 or an item, section, or part of this act within such period, then the act,
14 item, section, or part, if approved by the people, shall take effect on the
15 date of the official declaration of the vote thereon by proclamation of the
16 governor.