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

Regulation  47-002.  Fermented Malt Beverages - Advertising Practices. Repeal.
Regulation  47-004.  Fermented Malt Beverages - Possession of Alcohol Liquors. Repeal.
Regulation  47-006.  Fermented Malt Beverages - Identification and Labeling. Repeal.

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 beverage within the licensed premises.
Regulation  47-904.  Product Substitution, Sampling and Analysis.
A.  No person licensed for on-premises consumption, shall maintain thereon any container of alcohol beverage which contains any substance other than that contained at the time such container was received by or delivered to the licensee.
B.  No person licensed for on-premises consumption, shall substitute the brand, type, or alcohol content of any alcohol beverage that 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 an alcohol beverage or reuse any such container by adding spirituous liquor or any other substance, including water, to the original contents or any portion of such original contents. Nothing herein shall prohibit the use of carafes, pitchers, or similar serving containers.
D.  If sampling, analysis, or other means establishes that any such licensee has upon the licensed premises any bottle or other container which contains an alcohol beverage of a different brand, type, or alcohol content than that described on the container label, such licensee may be sanctioned by the state or local licensing authority.
E.  All persons licensed for on-premises consumption shall, upon the request of the Liquor Enforcement Division, make available to the person so requesting a sufficient quantity of such alcohol beverage to enable sampling or analysis. The Liquor Enforcement Division shall make available to the licensee the results of the sampling or analysis.

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 a 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, C.R.S. simultaneously, pursuant to Section 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 3.2% alcohol by weight or less or 4.0% alcohol by volume or less, 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, C.R.S. simultaneously, pursuant to Section 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 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 Sections 12-47-104 and 12-47-106, C.R.S.
B.  At least thirty (30) days prior to the sale or shipment of any vinous or spirituous liquor into the state, each licensed manufacturer, or importer shall submit to the state licensing authority a complete report, on forms prepared and furnished by the Liquor Enforcement Division, 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 Chapter I: Part 4, Subpart D; and Part 5, subpart D. 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 section B of this regulation on the required forms at least 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.
	
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. “Malt Beverages” shall mean fermented malt beverages and malt liquors, collectively, for purposes of this regulation only.
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 or 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 distribute in 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 this 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 Liquor Enforcement Division from approving materials other than water repellent material used for labeling if they find that the material is suitable for maintaining the required information on the container.
d. If the alcohol content for any Malt Beverage 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, C.R.S. 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 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 
5. No retailer licensed for the sale of malt liquor shall make a 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 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 forms prepared and furnished by the Liquor Enforcement Division, 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, Subpart C.
e. A written affidavit attesting to the alcohol content (percentage by weight or by volume), of each brand to be 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 section 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 section 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 liquor 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 Malt Beverage brands registered or reported that meet the requirements of this regulation. 
2. The Liquor Enforcement 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 or manufacture 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 Malt Beverage brands that have not been previously 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 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.