DEPARTMENT OF REVENUE
Division of Liquor Enforcement
LIQUOR CODE
1 CCR 203-2

Regulation 47-002.  Fermented Malt Beverages - Advertising Practices.
No licensee for the retail sale or distribution of fermented malt beverages shall, upon or in proximity to, or referring to the licensed premises, use, publish or exhibit, or permit to be used, published or exhibited, any sign, advertisement, display, notice, symbol or other device which advertises, indicates, implies or infers that beverages containing more than 3.2% alcohol by weight (wt) or four percent by volume (vl), are sold, distributed or dispensed upon or from said premises.
Regulation   47-004  .  Fermented Malt Beverages - Possession of Alcohol Liquors.
No person shall possess or consume on the licensed premises of a fermented malt beverage licensee, any beverages containing alcohol in excess of three and two-tenths percent by weight or four-percent alcohol by volume.
Regulation   47-006  .  Fermented Malt Beverages - Identification and Labeling.
A.  No licensee for the sale of fermented malt beverages shall sell, offer, expose for sale, or distribute within this state any canned or bottled fermented malt beverages in case or carton lots unless such beverages be contained in a case or carton bearing the phrase “3.2%”  followed by a word indicating the type of beverage, such as beer or ale. The designation “3.2% BEER,”  “3.2% ALE,”  etc., as the case may be, shall be composed of legible symbols of not less than ¼ of one inch in height, and shall be indelibly stamped or imprinted on top of the case or carton or upon the sealing strip thereof. Notwithstanding the above, cartons or unsealed returnable cases need no external markings if such container allows direct view of the individual cans or bottles which indicates the percent and type of beverage therein.
B.  No licensee shall sell, offer or expose for sale or distribute within this any fermented malt beverages in kegs, casks or other containers except bottles and cans of less than 33 ounces capacity unless such containers bear thereon the phrase “3.2%”  followed by a word indicating the type of beverage, such as beer or ale. The designation “3.2% BEER” , “3.2% ALE,”  etc., as the case may be, shall be composed of legible symbols of not less than one inch in height, shall clearly and visibly appear on the container which is intended to be opened and shall be indelibly stamped or imprinted either upon the container itself or upon a label affixed thereto and sealed with a transparent water repellent material. Nothing shall prohibit the division from approving materials other than water repellent material used for labeling if the division finds the material is suitable for maintaining the required information on the container.
C.  No such licensee shall sell, offer or expose for sale or distribute within the state any fermented malt beverages in bottles or cans of less than thirty-three (33) ounces capacity unless said containers, or a label attached thereto, shall carry thereon, in clear legible and indelible print a statement which clearly indicates that the beverage therein contains not more than 3.2% alcohol by weight or 4% alcohol by volume.

Regulation   47-008  .  Fermented Malt Beverages - Limitations of RETAIL License.	
A.  No person licensed for on-premises consumption only, PURSUANT TO SECTION 12-46-107(1)(b), C.R.S., shall sell fermented malt beverages in sealed containers, or permit the removal from the licensed premises of any fermented malt beverages in either sealed or unsealed containers.
B.  No person licensed for off-premises consumption only, PURSUANT TO SECTION 12-46-107(1)(a), C.R.S. shall sell, by the drink, any open container of fermented malt beverage, or permit the consumption of any fermented malt beverages within the licensed premises.
Regulation   47-904  .  Product Labeling, Substitution, Sampling and Analysis.
A.  No licensee, for the sale of alcohol beverages for consumption on the premises where sold, shall maintain thereon any container of alcohol beverage which contains any such substance other than that contained at the time such container was received by or delivered to the licensee.
B.  No licensee, for the sale of alcohol beverages for consumption on the premises where sold, shall substitute one brand, type, or alcohol content of alcohol beverages for that which has been specifically requested by a customer, unless the customer expressly consents to the substitution.
C.  Excepting manufacturers, no licensee shall refill or permit the refilling of any alcohol beverage container with alcohol beverage or reuse any such container by adding distilled spirits or any substance, including water, to the original contents or any portion of such original contents. There shall be no prohibition against the use of carafes, pitchers or similar serving containers.
D.  If sampling, analysis or other means shall establish that any such licensee has upon the licensed premises any bottle or other container which contains alcohol beverage of a different brand, type, or alcohol content than that which appears on the label thereof, such licensee shall be deemed to have violated this regulation.
E.  All licensees for the sale of alcohol beverages for consumption on the premises where sold shall, upon request of the Department of Revenue, Liquor Enforcement Division or any of its officers, make available to the person so requesting a sufficient quantity of such alcohol beverage to enable sampling or analysis thereof. The licensee shall be notified of the results of the sampling or analysis without delay.
F.  The manufacturer or importer of any alcohol beverage product sold in Colorado must register said product with the Liquor Enforcement Division prior to the date of the product's initial intended date of sale. All products that are registered in Colorado must have first obtained either a “Certificate of Label Approval”  or a “Certificate of Exemption”  from the Bureau of Alcohol Tobacco and Firearms ("BATF")
G.  The manufacturer or importer of alcohol beverage products that have obtained a BATF “Certificate of Exemption”  are still required to, and shall certify that their product's label will comply with BATF labeling criteria as found in the “Federal Alcohol Administration Act”  27 CFR Subchapter A - Liquor Part 4, Subpart D; Part 5, Subpart D; and Part 7, Subpart C.
Material incorporate by reference in this rule does not include later amendments to or editions of the incorporated material. Copies of the material incorporated by reference may be obtained by contacting the Director of the Colorado Liquor Enforcement Division of the Department of Revenue, 1881 Pierce Street, Suite 108A, Lakewood, Colorado Tel: 303-205-2300, and copies of the material may be examined at any state publication depository library.

Regulation   47-914  .  Unlicensed Possession of ALCOHOL Beverages.
A. No licensee shall possess, maintain or permit the possession, on the licensed premises, of any alcohol beverage which it is not licensed to sell or possess for sale. 
B. NO RETAIL LICENSEE LICENSED PURSUANT TO ARTICLE 46 OF TITLE 12, C.R.S. FOR THE SALE OF FERMENTED MALT BEVERAGE, SHALL POSSESS, MAINTAIN, OR PERMIT THE POSSESSION, ON THE LICENSED PREMISES, OF ANY MALT BEVERAGE CONTAINING IN EXCESS OF 3.2% ALCOHOL BY WEIGHT OR 4.0% ALCOHOL BY VOLUME, WHEN THE RETAILER KNEW OR SHOULD HAVE KNOWN THAT THE BEVERAGE WAS NOT FERMENTED MALT BEVERAGE, EITHER BY THE LACK OF ALCOHOL CONTENT LABELING OR BY WAY OF PUBLIC INFORMATION MADE AVAILABLE BY THE LIQUOR ENFORCEMENT DIVISION. THIS PROHIBITION SHALL NOT APPLY TO SPORTS AND ENTERTAINMENT VENUES HOLDING RETAIL LICENSES PURSUANT TO ARTICLES 46 AND 47, OF TITLE 12, SIMULTANEOUSLY, PURSUANT TOSECTION 12-47-301(6)(a).
C. NO RETAIL LICENSEE LICENSED PURSUANT TO ARTICLE 47 OF TITLE 12, C.R.S. FOR THE SALE OF MALT LIQUOR, SHALL PERMIT THE SALE, POSSESSION, OR CONSUMPTION, ON THE LICENSED PREMISES, OF ANY MALT BEVERAGES CONTAINING LESS THAN 3.2% ALCOHOL BY WEIGHT OR 4.0% ALCOHOL BY VOLUME, WHEN THE RETAILER KNEW OR SHOULD HAVE KNOWN THAT THE BEVERAGE WAS NOT MALT LIQUOR, EITHER BY ITS ALCOHOL CONTENT LABELING OR BY WAY OF PUBLIC INFORMATION MADE AVAILABLE BY THE LIQUOR ENFORCEMENT DIVISION. THIS PROHIBITION SHALL NOT APPLY TO SPORTS AND ENTERTAINMENT VENUES HOLDING RETAIL LICENSES PURSUANT TO ARTICLES 46 AND 47, OF TITLE 12, SIMULTANEOUSLY, PURSUANT TOSECTION 12-47-301(6)(a).
			
Regulation   47-924  .  Importation and Sole Source of Supply/Brand Registration FOR VINOUS AND SPIRITUOUS LIQUORS.
A.  Before any person, firm, company, partnership, or corporation ships any alcohol beverages VINOUS OR SPIRITUOUS LIQUOR into the State of Colorado, each such entity shall be properly licensed by the state licensing authority. The only exceptions to licensing for importation may be found under 12-47-104 and 12-47-106, C.R.S.
B.  At least thirty (30) days prior to the sale or shipment of any alcohol beverages VINOUS OR SPIRITUOUS LIQUOR into the State of Colorado, each licensed manufacturer, non-resident manufacturer or importer shall submit to the state licensing authority a complete report, on forms prepared and furnished by the state licensing authority, which shall detail: the licensee's name and license number; the designated Colorado licensed wholesaler(s); the name of the United States primary source of supply; the products to be imported, including the brand name, class or type, and fanciful name; and evidence of compliance with Bureau of Alcohol Tobacco and Firearm labeling requirements found in the “Federal Alcohol Administration Act”  27 CFR Subchapter A-Liquors Part 4, Subpart D; Part 5, subpart D; and Part 7, Subpart C. The import licensee, if not the product manufacturer, shall also include with said form a separate letter from the primary source of supply designating such import licensee as the primary source in the United States or the sole source of supply in Colorado. A separate form is required for each primary source. Each non-resident manufacturer, manufacturer and importer shall also remit with said form the appropriate brand registration and/or sole source fee(s). A separate sole source fee is required for each primary source that an importer represents.
C.  Should the primary source of supply change its designated licensed importer, the newly designated licensed importer is required to submit the same information described in paragraph B of this regulation on required forms thirty (30) days prior to shipment of any alcohol beverages. The newly designated importer shall also remit the appropriate sole source and brand registration fees with said form.
	Material incorporated by reference in this rule does not include later amendments to or editions of the incorporated material. Copies of the material incorporated by reference may be obtained by contacting the Director of the Colorado Liquor Enforcement Division of the Department of Revenue, 1881 Pierce Street, Suite 108A, Lakewood, Colorado Tel: 303-205-2300, and copies of the material may be examined at any state publication depository library.

(NEW) REGULATION   47-930  .  ADVERTISING, LABELING, AND REGISTRATION OF MALT BEVERAGES
A. Definitions
1. “Fermented malt beverage” means any beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any similar product or any combination thereof in water containing not less than 0.5% percent alcohol by volume and not more than 3.2% alcohol by weight or 4.0% alcohol by volume.
2. “Malt liquor" shall include beer, and means any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof, in water containing more than 3.2% alcohol by weight or 4.0% alcohol by volume.
3. For purposes of this regulation only, “malt beverages” shall mean fermented malt beverages and malt liquors, collectively.
B. Distinct Identification, Labeling, and Advertising of Fermented Malt Beverages
Because it is in the public interest to distinguish the manufacture, sale, and distribution of fermented malt beverages from malt liquors, pursuant to Section 12-46-102(1),C.R.S., the following requirements shall be applicable to all fermented malt beverages imported and manufactured in this state.
	1. Labeling of Fermented Malt Beverages
a. No licensee for the sale of fermented malt beverages shall sell, offer, expose for sale, or  this state any canned or bottled fermented malt beverages in case or carton lots unless such beverages be contained in a case or carton bearing the phrase “3.2%”  followed by a word indicating the type of beverage, such as beer or ale. The designation “3.2% BEER,” or  “3.2% ALE,”  etc.,  shall be composed of legible symbols of not less than ¼ of one inch in height, and shall be indelibly stamped or imprinted on top of the case or carton or upon the sealing strip thereof. Notwithstanding the above, cartons or unsealed returnable cases need no external markings if such container allows direct view of the individual cans or bottles which indicates the alcohol content percentage and type of beverage therein.
b. No such licensee shall sell, offer or expose for sale, or distribute within the state any fermented malt beverages in bottles or cans of 40-ounce capacity or less unless said containers, or a label attached thereto, shall carry thereon, in legible and indelible print a statement which clearly indicates that the beverage therein contains not more than 3.2% alcohol by weight or 4.0% alcohol by volume.
c. No licensee shall sell, offer or expose for sale, or distribute within this state any fermented malt beverages in kegs, casks, or other containers, except bottles and cans of 40-ounce capacity or less, unless such containers bear thereon the phrase “3.2%”  followed by a word indicating the type of beverage, such as beer or ale. The designation “3.2% BEER” or “3.2% ALE,” etc., shall be composed of legible symbols of not less than one inch in height, shall clearly and visibly appear on the container which is intended to be opened, and shall be indelibly stamped or imprinted either upon the container itself or upon a label affixed thereto and sealed with a transparent water repellent material. Nothing shall prohibit the division from approving materials other than water repellent material used for labeling if the division finds the material is suitable for maintaining the required information on the container.
d. If the alcohol content for any product is 3.2% alcohol by weight or less, or 4% by volume or less, then the MANUFACTURER, NON-RESIDENT MANUFACTURER, or IMPORTER shall comply with all labeling requirements described in this regulation for fermented malt beverages before such products are sold and shipped to wholesalers or retailers. 
	2. Advertising of Fermented Malt Beverages
a. No licensee for the retail sale or distribution of fermented malt beverages shall, upon or in proximity to, or referring to the licensed premises, use, publish or exhibit, or permit to be used, published or exhibited, any sign, advertisement, display, notice, symbol or other 	device which advertises, indicates, implies or infers that beverages containing more than 3.2% alcohol by weight or 4.0% by volume, are sold, distributed, or dispensed upon or from said premises.
	b. No licensee for the retail sale or distribution of fermented malt beverages shall upon or in proximity to the licensed premises, or referring to the beverages sold in the licensed premises, advertise or identify such products using the terms “wine”, “spirit”, “malt liquor”, or “liquor.” 	
C.  Distribution of Fermented Malt Beverages
1. No manufacturer, non-resident manufacturer, or importer of fermented malt beverages shall sell or ship such beverages in this state unless properly licensed pursuant to article 46 of title 12, and only if such beverages are properly labeled pursuant to this regulation.
2. No manufacturer, non-resident manufacturer, or importer of fermented malt beverages shall ship such beverages to any Colorado wholesaler not in possession of a fermented malt beverage wholesale license.
3. No wholesaler of fermented malt beverages shall sell and deliver fermented malt beverages to any retailer not in possession of a fermented malt beverage license.
4. No retailer licensed for the sale of malt liquor shall accept any delivery of fermented malt beverage, when the retailer know or should have known that the beverage was not malt liquor, either by its alcohol content labeling or by way of public information made available by the Liquor Enforcement Division 
5. No retailer licensed for the sale of malt liquor shall make fermented malt beverage available for sale.
D.  Brand Label Registration and Report of Alcohol Content for Malt Beverages
1. Before any person imports any malt beverage from outside the state into the state of Colorado for sale or distribution, such person shall be licensed pursuant to Section 12-46-104(1)(d), C.R.S. for the importation of fermented malt beverage or Section 12-47-405, C.R.S. for the importation of malt liquor. The only exceptions to these licensing requirements are for limited sampling purposes, as described in Regulation 47-406, or for the reasons contained in the applicable provisions of Sections 12-47-104 and 12-47-106, C.R.S.
2. Before any person manufactures any malt beverage within this state for sale or distribution, such person shall be licensed pursuant to Section 12-46-104(1)(a), C.R.S. for the manufacture of fermented malt beverage or Sections 12-47-402(1), C.R.S. or 12-47-415, C.R.S. for the manufacture of malt liquor.
3. At least thirty (30) days prior to the sale or shipment of any malt beverage in the state of Colorado, each licensed manufacturer, non-resident manufacturer, or importer shall submit to the state licensing authority an application for brand label registration and, if applicable, sole source of supply authorization.  Licensees shall complete report on forms prepared and furnished by the state licensing authority, which shall include: 
	a. The licensee’s name, address, and Colorado liquor license number.
b. The name of the Colorado wholesaler(s) that the licensee has designated in this state for distribution of the malt beverages described in the report to be imported.
c. Product information, including the brand name of the malt beverage to be imported or sold, the class or type, the size of containers, and the alcohol content expressed either in percent alcohol by weight or percent alcohol by volume.
d. A federally-approved “Certificate of Label Approval” application that verifies compliance with federal labeling requirements, as described in the “Federal Alcohol Administration Act,”  27 CFR Chapter I:  Part 7 “Malt Beverages.” 
e. A written affidavit attesting to the alcohol content (percentage by weight or by volume), of each brand imported or sold in this state, if the product’s alcohol content is not stated on the federally-approved “Certificate of Label Approval” application. Such affidavit may be based upon average analyses as long as the importer or manufacturer can attest to verifying alcohol content through independent laboratory testing, other standardized testing methods, or reports filed with the Alcohol and Tobacco Tax and Trade Bureau.
f. A sample of the brand label for registration of fermented malt beverages, in order to verify compliance with labeling requirements pursuant to paragraph B of this regulation.
g. For licensed importers, the name of the United States primary source of supply of the malt beverages described in the application. If the import licensee is not the primary source of supply (product manufacturer or exclusive United States brand agent) the licensee shall also include a separate letter from the primary source of supply designating the licensee as the primary source in the United States or the sole source of supply in Colorado. 
h. The applicable brand label registration and sole source fees. A single brand label registration fee shall encompass the various container types and sizes of a particular brand of malt beverage.  A separate sole source fee is required for each primary source that a sole-source import licensee represents.
4. Should the primary source of supply terminate its sole-source-of-supply appointment of a Colorado-licensed importer and appoint a new licensee to import malt beverage products previously registered, the newly designated licensed importer is required to re-register the products by submitting the information and fees described in this paragraph D. 
5. The brand registration requirements shall not apply to the manufacture of malt liquor by brewpubs, pursuant to Section 12-47-415, C.R.S., when such malt liquor is intended for on-premises consumption only, and not for sale at wholesale in sealed containers. However, the requirement related to the reporting of alcohol content shall still apply to said malt liquors. The information provided to the state licensing authority shall include the name and address of the brewpub, the brand name of the malt beverage to be sold, and a written affidavit attesting to alcohol content (percentage by weight or by volume). Such affidavit may be based upon average analyses as long as the licensee can attest to verifying alcohol content through independent laboratory testing, other standardized testing methods, or reports filed with the Alcohol and Tobacco Tax and Trade Bureau.
E. Approval and Publication of Brand Registrations and Reports
1.  On the 30TH day of each month the Liquor Enforcement Division shall publish the names of the brands registered or reported that meet the requirements of this regulation. 
2. The division shall publish the name of the brand; the type of malt beverage registered or reported, based upon the federal certificate of label approval or other information required by this regulation, the name of the licensed manufacturer, importer, or non-resident manufacturer who filed the registration; that licensee’s license number; and name of the primary source of supply, if applicable.
F Exceptions 
1. The requirements of this regulation related to brand label registration and labeling shall not apply to the importation of malt beverages that will only be made available for sale in this state for forty-five (45) days or less. 
G. It is a violation of this regulation to knowingly file false information related to alcohol content, or otherwise fail to file the information required herein.
H.  Effective Date
1.   For new malt beverage brands that have not previously been registered in this state, the requirements of this regulation are applicable immediately upon new brand label registration.
2.  For malt beverage brands that were registered with the state licensing authority prior to the adoption of this regulation that do not meet the new requirements of this regulation as it relates to reporting of alcohol content, the licensee shall have no more than sixty (60) days from the effective date of this regulation to file additional information so that previous registrations conform to the requirements stated herein.
3. For malt liquors currently manufactured by brewpubs, for on-premises consumption only pursuant to Section 12-47-415, C.R.S., the licensee shall have no more than sixty (60) days from the effective date of this regulation to file information related to alcohol content.