Regulation 47-1102.  Compliance with Public Health Orders and Executive Orders Issued During Disaster Emergencies
Basis and Purpose. The statutory authority for this regulation includes, but is not limited to subsections 44-3-202(1)(b), 44-3-202(2)(a)(I)(L), 44-3-202(2)(a)(I)(M), 44-3-202(2)(a)(I)(R), 44-3-601, and 24-4-104(4)(a)C.R.S. In accordance with the legislative declaration of section 44-3-102, C.R.S., the Colorado Liquor Code is deemed an exercise of the police powers of the State of Colorado for the protection of the economic and social welfare and the health, peace, and morals of the people of the State of Colorado. Regulation of the manufacture, distribution, and sale of alcohol beverages is regulated by the Colorado Liquor Code as a matter of statewide concern. The purpose of this regulation is to exercise proper regulation and control over the manufacture, distribution and sale of alcohol beverages, promoting the social welfare, the health, peace and morals of the people of the State, when public health orders are issued and during disaster emergencies.
A.	All licensees, and their agents, servants and employees, shall comply with any and all applicable executive orders issued by the Governor pursuant to the Governor’s disaster emergency powers under section 24-33.5-704, C.R.S., relating to businesses which manufacture, distribute, and sell alcohol beverages and operation of their licensed premises.
B.	All licensees, and their agents, servants and employees, shall comply with any applicable public health orders relating to businesses which manufacture, distribute, and sell alcohol beverages and the operation of their licensed premises. For purposes of this Regulation 47-1102, licensees shall comply with all public health orders issued by the Colorado Department of Public Health and Environment (“CDPHE”) and any public health orders issued by the county or municipality in which the licensed premises is located which contain more protective standards; except if the licensed premises is located in a county that obtained approval from CDPHE for a variance from the requirements of any applicable CDPHE public health orders, then the licensee shall comply with the county’s approved variance.
C.	A violation of this regulation by a licensee, or by any of the agents, servants, or employees of a licensee, may result in disciplinary action, including, if warranted based on the circumstances threatening public health and safety, license revocation, pursuant to section 44-3-601(1), C.R.S., and/or summary suspension of a license pursuant to section 44-3-601(2) and Regulation 47-602. In assessing the appropriate disciplinary action, the licensing authority shall consider any aggravating and mitigating factors, as set forth in Regulation 47-603(G).