§ 44-3-402 — Manufacturer's license - rules
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(1) A manufacturer's license shall
be issued by the state licensing authority to persons distilling, rectifying, or
brewing within this state for the following purposes only:
(a) To produce, manufacture, or rectify malt, vinous, or spirituous liquors;
(b) To sell malt or vinous liquors of their own manufacture within this state.
Brewers or winers licensed under this section may solicit business directly from
licensed retail persons or consumers by procuring a wholesaler's license as
provided in this article 3; except that any malt liquor sold at wholesale by a brewer
that has procured a wholesaler's license shall be unloaded and placed in the
physical possession of a licensed wholesaler at the wholesaler's licensed premises
in this state and inventoried for purposes of tax collection prior to delivery to a
retailer or consumer. Wholesalers of malt liquors receiving products to be held as
required by this subsection (1)(b) shall be liable for the payment of any tax due on
such products under section 44-3-503 (1)(a).
(c) To sell vinous or spirituous liquors of their own manufacture within the
state to persons licensed by this article 3 without procuring a wholesaler's license;
(d) To sell malt, vinous, or spirituous liquors in other states, the laws of which
permit the sale of alcohol beverages;
(e) To sell for export to foreign countries, if such export for beverage or
medicinal purposes is permitted by the laws of the United States; but Colorado
distillers, rectifiers, winers, and brewers licensed under this section may sell their
products distilled, rectified, or brewed in this state directly to licensed retail
licensees by procuring a wholesaler's license.
(2) (a) A winery licensed pursuant to this section may conduct tastings and
sell vinous liquors of its own manufacture, as well as other vinous liquors
manufactured by other Colorado wineries licensed pursuant to this section or
section 44-3-403, on the licensed premises of the winery and at one other approved
sales room location at no additional cost, whether included in the license at the
time of the original license issuance or by supplemental application. If the licensed
premises includes multiple noncontiguous locations, the winery may operate a
sales room on only one of those noncontiguous locations. Any additional sales room
operated on a noncontiguous location of the licensed premises must be approved in
accordance with the process outlined in subsection (2)(c) of this section.
(b) A winery licensed pursuant to this section may serve and sell food,
general merchandise, and nonalcohol beverages for consumer consumption on or
off the licensed premises.
(c) (I) (A) Prior to operating a sales room location, a winery licensed pursuant
to this section shall, at the time of application to the state licensing authority, send
a copy of the application or supplemental application for a sales room to the local
licensing authority in the jurisdiction in which the sales room is proposed. The local
licensing authority may submit a response to the application, including its
determination specified in subsection (2)(c)(II) of this section, to the state licensing
authority but must submit its response within forty-five days after the licensed
winery submits its sales room application to the state licensing authority, or, for
purposes of an application to operate a temporary sales room for not more than
three consecutive days, within the time specified by the state licensing authority by
rule.
(B) If the local licensing authority does not submit a response to the state
licensing authority within the time specified in subsection (2)(c)(I)(A) of this section,
the state licensing authority shall deem that the local licensing authority has
determined that the proposed sales room will not impact traffic, noise, or other
neighborhood concerns in a manner that is inconsistent with local regulations or
ordinances or that the applicant will sufficiently mitigate any impacts identified by
the local licensing authority.
(II) The state licensing authority must consider the response from the local
licensing authority, if any, and may deny the proposed sales room application if the
local licensing authority determines that approval of the proposed sales room will
impact traffic, noise, or other neighborhood concerns in a manner that is
inconsistent with local regulations or ordinances, which may be determined by the
local licensing authority without requiring a public hearing, or that the applicant
cannot sufficiently mitigate any potential impacts identified by the local licensing
authority.
(III) The state licensing authority shall not grant approval of an additional
sales room unless the applicant affirms to the state licensing authority that the
applicant has complied with local zoning restrictions.
(IV) A licensed winery that is operating a sales room as of August 5, 2015, or
that is granted approval pursuant to this subsection (2)(c) to operate a sales room
on or after August 5, 2015, shall notify the state licensing authority of all sales
rooms it operates. The state licensing authority shall maintain a list of all licensed
winery sales rooms in the state and make the list available on its website.
(V) The local licensing authority may request that the state licensing
authority take action in accordance with section 44-3-601 against a licensed winery
approved to operate a sales room if the local licensing authority:
(A) Demonstrates to the state licensing authority that the licensee has
engaged in an unlawful act as set forth in part 9 of this article 3; or
(B) Shows good cause as specified in section 44-3-103 (19)(a), (19)(b), or
(19)(d).
(VI) This subsection (2)(c) does not apply if the licensed winery does not sell
and serve vinous liquors for consumption on the licensed premises or in an
approved sales room.
(3) (a) Any winery that has received a license pursuant to this section shall
be authorized to manufacture vinous liquors upon an alternating proprietor licensed
premises, as approved by the state licensing authority, but retail sales of vinous
liquors shall not be conducted from an area licensed or defined as an alternating
proprietor licensed premises.
(b) Any brewery that has received a license pursuant to this section shall be
authorized to manufacture malt liquors upon an alternating proprietor licensed
premises, as approved by the state licensing authority, but retail sales of malt
liquors shall not be conducted from an area licensed or defined as an alternating
proprietor licensed premises.
(c) Any winery or brewery that holds a wholesaler's license pursuant to
section 44-3-407 may engage in the wholesale sale of alcohol beverages that the
licensee manufactured at an alternating proprietor licensed premises from both its
licensed premises and the alternating proprietor licensed premises where the
alcohol beverages were manufactured.
(4) A winery that has received a license pursuant to this section may ship
wine directly to personal consumers if the winery also has received a winery direct
shipper's permit under section 44-3-104.
(5) (a) It is unlawful for a manufacturer licensed under this article 3 or any
person, partnership, association, organization, or corporation interested financially
in or with a licensed manufacturer to be interested financially, directly or indirectly,
in the business of any person licensed to sell at retail pursuant to this article 3 or
article 4 of this title 44.
(b) It is unlawful for any licensed manufacturer of vinous or spirituous liquors
or any person, partnership, association, organization, or corporation interested
financially in or with such a licensed manufacturer to be interested financially,
directly or indirectly, in the business of any vinous or spirituous wholesale licensee;
except that any such financial interest that occurred on or before July 1, 1969, shall
be lawful.
(6) Each applicant for a license as a brewer shall enter into a written
contract with each wholesaler with which the applicant intends to do business that
designates the territory within which the product of the applicant is sold by the
respective wholesaler. The contract shall be submitted to the state licensing
authority with an application, and the applicant, if licensed, shall have a continuing
duty to submit any subsequent revisions, amendments, or superseding contracts to
the state licensing authority.
(7) (a) (I) A manufacturer of spirituous liquors licensed pursuant to this
section may conduct tastings and sell to customers spirituous liquors of its own
manufacture on its licensed premises and at one other approved sales room
location at no additional cost. A sales room location may be included in the license
at the time of the original license issuance or by supplemental application. If the
licensed premises includes multiple noncontiguous locations, the manufacturer
may operate a sales room on only one of those noncontiguous locations.
(II) A manufacturer of spirituous liquors licensed pursuant to this section
that operates a sales room may purchase and use common alcohol modifiers,
including vermouth, amaros, and liqueurs, to combine with spirituous liquors to
produce cocktails for consumption on or off the sales room premises. A
manufacturer that uses an alcohol modifier pursuant to this subsection (7)(a)(II)
shall combine the modifier with a spirituous liquor produced by the manufacturer. A
manufacturer shall not sell an alcohol modifier that has not been combined with a
spiritous liquor. The state licensing authority may adopt rules necessary to
implement and administer this subsection (7)(a)(II).
(b) A manufacturer of spirituous liquors licensed pursuant to this section
may serve and sell food, general merchandise, and nonalcohol beverages for
consumer consumption on or off the licensed premises.
(c) (I) (A) Prior to operating a sales room location, a manufacturer of
spirituous liquors licensed pursuant to this section shall, at the time of application
to the state licensing authority, send a copy of the application or supplemental
application for a sales room to the local licensing authority in the jurisdiction in
which the sales room is proposed. The local licensing authority may submit a
response to the application, including its determination specified in subsection
(7)(c)(II) of this section, to the state licensing authority but must submit its response
within forty-five days after the licensee submits its sales room application to the
state licensing authority, or, for purposes of an application to operate a temporary
sales room for not more than three consecutive days, within the time specified by
the state licensing authority by rule.
(B) If the local licensing authority does not submit a response to the state
licensing authority within the time specified in subsection (7)(c)(I)(A) of this section,
the state licensing authority shall deem that the local licensing authority has
determined that the proposed sales room will not impact traffic, noise, or other
neighborhood concerns in a manner that is inconsistent with local regulations or
ordinances or that the applicant will sufficiently mitigate any impacts identified by
the local licensing authority.
(II) The state licensing authority must consider the response from the local
licensing authority, if any, and may deny the proposed sales room application if the
local licensing authority determines that approval of the proposed sales room will
impact traffic, noise, or other neighborhood concerns in a manner that is
inconsistent with local regulations or ordinances, which may be determined by the
local licensing authority without requiring a public hearing, or that the applicant
cannot sufficiently mitigate any potential impacts identified by the local licensing
authority.
(III) The state licensing authority shall not grant approval of an additional
sales room unless the applicant affirms to the state licensing authority that the
applicant has complied with local zoning restrictions.
(IV) A licensed spirituous liquors manufacturer that is operating a sales room
as of August 5, 2015, or that is granted approval pursuant to this subsection (7)(c)
to operate a sales room on or after August 5, 2015, shall notify the state licensing
authority of all sales rooms it operates. The state licensing authority shall maintain
a list of all licensed spirituous liquor manufacturer sales rooms in the state and
make the list available on its website.
(V) The local licensing authority may request that the state licensing
authority take action in accordance with section 44-3-601 against a licensed
spirituous liquors manufacturer approved to operate a sales room if the local
licensing authority:
(A) Demonstrates to the state licensing authority that the licensee has
engaged in an unlawful act as set forth in part 9 of this article 3; or
(B) Shows good cause as specified in section 44-3-103 (19)(a), (19)(b), or
(19)(d).
(VI) This subsection (7)(c) does not apply if the licensed spirituous liquors
manufacturer does not sell and serve its spirituous liquors for consumption on the
licensed premises or in an approved sales room.
Colorado § 44-3-402 (Manufacturer's license - rules) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.