DR 2477 Suggested Revision to Rules & Regulations
"Statutory" SB16-197 Working Group
| STATUTORY WORKING GROUP MEETING (VOTE ON RECOMMENDATIONS) | |
September 22, 2017 at 1:00PM 1881 Pierce St. - Room 110, Lakewood, CO 80214 | |
| Voting Procedures Letter | Recommendations for Voting |
| Agenda | Minutes |
2017 SB16-197 Working Group Meeting Schedule
- MEETINGS ARE OPEN TO THE PUBLIC -
Email: DOR_LED@state.co.us
| Rec. # | Title | Yes | No | NP* |
| 5.1 | Definition of When the Manufacturing Process Ends | 10 | 0 | 21 |
| 5.2 | Option 1: Manufacturing Ends When Beverage has been Released from Bonded Warehouse or Licensee's own Federally Bonded Premises and Placed in Commerce. | 2 | - | - |
| 5.3 | Option 2: Manufacturing Ends when Product is Bottled or Packaged so as to be Legally Sold to a Consumer and is Ready to be Placed into Commerce. | 8 | - | - |
| 6.1 | Review of Recommendations for their Impact on the Craft Brewing Industry. | 7 | 11 | 13 |
| 7 | Reporting Requirements for Carriers Shipping Beer, Wine, and Distilled Spirits into Colorado. | 12 | 2 | 17 |
| **NB: Working Group Members may vote EITHER on Rec. 9.1 (inclusive of sub-recommendations 9.3-9.20) OR on Rec. 9.2 (allows for individual voting on sub-recommendations 9.3-9.20)** | ||||
| 9.1 | Application Process for Grocery and Convenience Store Malt Liquor License - (Accept all Listed Requirements) | 3 | 20 | 7 |
| **NB: Any Working Group Member who already voted on Rec. 9.1 should not participate in the vote on 9.2** | ||||
| 9.2 | Application Process for Grocery and Convenience Store Malt Liquor License - (Accept some listed requirements) | 1 | - | - |
| **NB: Only Working Group Members who voted YES on 9.2 should participate in the voting for sub-recommendations 9.3-9.20 | ||||
| 9.3 | Application Processing Time | 1 | - | - |
| 9.4 | Survey and Needs and Desires Hearing | 1 | - | - |
| 9.5 | No Modification of Premises | 1 | - | - |
| 9.6 | Transition of Current On and Off Premises Licenses | 1 | - | - |
| 9.7 | Distance from Schools | - | - | 1 |
| 9.8 | Distance from Retail Liquor Licensed Premises | - | - | 1 |
| 9.9 | Separation of Inventories | 1 | - | - |
| 9.10 | Age of Employees | 1 | - | - |
| 9.11 | Alcohol by Volume (ABV) Limitation | - | - | 1 |
| 9.12 | Refrigeration Requirement | - | - | 1 |
| 9.13 | Limitation on Refrigerated Beverage Retail Space | - | - | 1 |
| 9.14 | Separation of Malt Liquor and Non-Alcohol Products | - | - | 1 |
| 9.15 | No Sales of Alcohol-Branded Merchandise | 1 | - | - |
| 9.16 | No Sales of Home Brew or Winemaking Equipment | 1 | - | - |
| 9.17 | No Sales Below Invoice Cost | 1 | - | - |
| 9.18 | No Point of Sale (POS) Marketing or Sales of Malt Liquor Products | 1 | - | - |
| 9.19 | Only 6- and 12-Packs Allowed | - | - | 1 |
| 9.20 | Compliance with Other Malt Liquor License Requirements | 1 | - | - |
| 11 + 15 | Single License for Fermented Malt Beverages and Malt Liquor | 17 | 4 | 10 |
| 12 + 17 | Prohibiting Public Consumption of Fermented Malt Beverages and Malt Liquors | 14 | 8 | 9 |
| 13 | Statutory and Rule Changes Regarding Tastings on the Premises of Retail Liquor Stores and Liquor-Licensed Drugstores | |||
| 13.1 | Timing of Tastings and Annual Limit of 150 Days per Year | 19 | 2 | 10 |
| 13.2 | Storing Unconsumed Alcohol Beverage Samples in a Locked, Secure Area on the Licensed Premises | 17 | 1 | 13 |
| 13.3 | Allowing Supplier Representatives to Pour Alcohol Products under the Supervision of the RLS and LLDS Employees | 21 | 2 | 8 |
| 13.4 | RLS or LLDS Licensees Solely Responsible for Administrative Violations | 20 | 4 | 7 |
| 13.5 | Supplier Pouring at Sampling and Tasting Events not a Cost of Labor | 19 | 1 | 11 |
| 13.6 | Clarification Regarding RLS and LLDS Financial Responsibility for a Tasting | 21 | 2 | 8 |
| 16 | Local Review Process for 3.2% Fermented Malt Beverage Licensees to Sell Higher-Strength Beer | 5 | 12 | 14 |
| 18 | Aligning Requirements between FMB Licenses in §12-46, C.R.S. and Alcohol Beverage Licenses in §12-47, C.R.S. | |||
| 18.1 | Provisions for Off Premises and On/Off Premises FMB Licenses on December 31, 2018 | 9 | 6 | 16 |
| 18.2 | Provisions for New FMB Licenses On or After January 1, 2019 | 8 | 11 | 12 |
| 18.3 | Provisions for Transfer of Ownership of an Existing FMB License after January 1, 2019 | 9 | 11 | 11 |
| 19 | Annual Briefing on the Protection and Promotion of the Three-Tier System in Colorado (Includes Recs. 3 & 8) | 7 | 12 | 12 |
| 21 | Prohibiting or Allowing the Public Consumption of All Alcohol Beverages | 10 | 9 | 12 |
| 22 + 23 | No Substantial Statutory Changes or New Licensing Requirements Needed to Manage the Transition of Removing the Alcohol By Volume Cap on Fermented Malt Beverages (Includes Recs. 2, 4 & 14) | 13 | 9 | 9 |
*No Position
SB16-197 Statutory Subgroup
| 3.2 % | 3-TIER | TASTINGS | GROWLERS |
Patrick Maroney | Chair Charles Carlson | Vice-Chair | Ron Kammerzell | Chair Donia Amick | Vice-Chair | Donia Amick | Chair Kevin Bommer | Vice-Chair |
SB16-197
SB16-197 Statutory Working Group Members
| Name | Representing |
| Michael Hartman | Department of Revenue (Non-Voting Member) |
| Cory Amend | Department of Revenue |
| Patrick Maroney | Liquor Enforcement Division |
| Jennifer Anderson | Attorney General\'s Office |
| Bob Hunt | Brewery (Large) |
| Garin Vorthmann | Brewery (Large) |
| Andres Gil Zaldana | Brewery (Small) |
| Laura Long | Brewery (Small) |
| Jason Bassett | Convenience Store |
| Kathryn Works | Convenience Store |
| Kristen Huber | County Government |
| Jenny Wood | Community Prevention |
| Steve Gould | Distillery (Colorado) |
| Joan Green Turner | Distillery (National) |
| Lloyd Felix | Grocery Store |
| Ryan Irsik | Grocery Store |
| Nick Hoover | Hotels | Restaurants |
| Amie Mayhew | Hotels | Restaurants |
| Joseph Delmonico | Law Enforcement |
| Adam Stapen | Liquor - Attorney |
| John Tipton | Liquor - Attorney |
| Blake Harrison | Member At Large |
| Kurt Morrison | Member At Large |
| Fran Lanzer | Mothers Against Drunk Drivers (MADD) |
| Kevin Bommer | Municipal Government |
| Jeanne McEvoy | Off Premises Retailer |
| Bruce Dierking | Retail Liquor Store (Large) |
| Jim Shpall | Retail Liquor Store (Large) |
| Charles Carlson | Retail Liquor Store (Small) |
| Steve Findley | Wholesaler |
| Micki Hackenberger | Wholesaler |
| Stephanie Fransen | Tavern |
| Doug Caskey | Winery (Colorado) |
| Tyler Rudd | Winery (National) |
| RECOMMENDATIONS | |||
| Rec 197-001- Unfair Trade Practices & Competition | Withdrawn | ||
| Rec 197-002- Reclassification of Fermented Malt Beverage Licenses | See Recommendation 23 | ||
| Rec 197-003-Promotion of 3-Tier System Analysis by LED | See Recommendation 19 | ||
| Rec 197-004- No Action in "Reclassification" of Malt Liquor | See Recommendation 23 | ||
| Rec 197-005- Definition of the Terms "Manufacture" & "Produce" | Revised | ||
| Rec 197-006- Craft Breweries | Public Consumption | Value of Labor | |||
| Rec 197-007- Common Carriers | |||
| Rec 197-008- Preservation of the 3-Tier System | See Recommendation 19 | ||
| Rec 197-009- Application Process for Grocery & Convenience Stores | |||
| Rec 197-010- Reclassification of FMB Licenses | Withdrawn | ||
| Rec 197-011- Single License for 3.2 & Malt Liquor | |||
| Rec 197-012- Public Consumption | |||
| Rec 197-013- Tastings in RLS & LLDS | Revised | ||
| Rec 197-014- No Rule Changes Pertaining to Transition of Full Strength FMB | See Recommendation 23 | ||
| Rec 197-015- Single License for 3.2 & Malt Liquor | |||
| Rec 197-016- Application Process for Grocery & Convenience Stores | |||
| Rec 197-017- Public Consumption | |||
| Rec 197-018- FMB License (Article 46) Requirements Consistent Article 47 | Optional for 10 | ||
| Rec 197-019- Promotion & Preservation of 3-Tier System | Recommendation 3 & 8 Combined | ||
| Rec 197-020-Consumer Participation in Manufacturing Process | Withdrawn | ||
| Rec 197-021- Malt Liquor ABV Consistent w/Vinous & Spirituous (Public Consumption) | |||
| Rec 197-022- Auto Reclassification of Grocery & Convenience Stores per Legislative Intent | |||
| Rec 197-023- Continue with FMB Definition Change | Recommendation 2, 4 & 14 Combined | ||
| WORKING DOCUMENTS | |
| Malt vs FMB Analysis Updated | SB16-197 Topics for Further Discussion |
| August 18, 2017 at 1:00PM | 1881 Pierce Street - Room 110 | |
| Agenda | Minutes |
| July 21, 2017 at 1:00PM | Division of Gaming -17301 W. Colfax Avenue - Golden | |
| Agenda | Minutes |
| May 19, 2017 | 1:00 PM to 4:30PM |1200 Seventeenth Street Suite 3000 | |
| Agenda | Minutes |
| November 17, 2016 | 8:00 AM to 5:00 PM | 305 Interlocken Pkwy (Dept. of Ag.) | |
| Agenda | Minutes |
| Recording #1 Recording #2 Recording #3 | |
| October 13, 2016 | 8:00 AM to 1:00 PM |305 Interlocken Pkwy (Dept. of Ag.) | |
| Agenda | Minutes |
| Recording#1 Recording #2 | |
| August 1, 2016 | 9:00 AM to Noon | 1300 Broadway 1B & 1C | |
| Agenda | Minutes |
| Recording | |
| Withdrawn |
| Recommendation 3 & 8 Combined |
| July 21, 2017 at 1:00 PM| Division of Gaming -17301 W. Colfax Avenue - Golden | |
| Agenda | Minutes |
| RECOMMENDATIONS | |
| Rec 197-001- Unfair Trade Practices & Competition | Withdrawn |
| Rec 197-002- Reclassification of Fermented Malt Beverage Licenses | See Recommendation 23 |
| Rec 197-003-Promotion of 3-Tier System Analysis by LED | See Recommendation 19 |
| Rec 197-004- No Action in "Reclassification" of Malt Liquor | See Recommendation 23 |
| Rec 197-005- Definition of the Terms "Manufacture" & "Produce" | Revised |
| Rec 197-006- Craft Breweries | Public Consumption | Value of Labor | |
| Rec 197-007- Common Carriers | |
| Rec 197-008- Preservation of the 3-Tier System | See Recommendation 19 |
| Rec 197-009- Application Process for Grocery & Convenience Stores | |
| Rec 197-010- Reclassification of FMB Licenses | Withdrawn |
| Rec 197-011- Single License for 3.2 & Malt Liquor | |
| Rec 197-012- Public Consumption | |
| Rec 197-013- Tastings in RLS & LLDS | Revised |
| Rec 197-014- No Rule Changes Pertaining to Transition of Full Strength FMB | See Recommendation 23 |
| Rec 197-015- Single License for 3.2 & Malt Liquor | |
| Rec 197-016- Application Process for Grocery & Convenience Stores | |
| Rec 197-017- Public Consumption | |
| Rec 197-018- FMB License (Article 46) Requirements Consistent Article 47 | Optional for 10 |
| Rec 197-019- Promotion &, Preservation of 3-Tier System | Recommendation 3 & 8 Combined |
| Rec 197-020-Consumer Participation in Manufacturing Process | Withdrawn |
| Rec 197-021- Malt Liquor ABV Consistent w/Vinous & Spirituous (Public Consumption) | |
| Rec 197-022- Auto Reclassification of Grocery & Convenience Stores per Legislative Intent | |
| Rec 197-023- Continue with FMB Definition Change | Recommendation 2, 4 & 14 Combined |
LIQUOR RULES WORKING GROUP MEETINGS
| August 17, 2017 | 1:00PM | 1881 Pierce St. #110 | |
| Proposed Rule Changes | |
| Agenda | Minutes |
| Recording | |
DR 2477 | Suggested Submission to Rules & Regulations
- MEETINGS ARE OPEN TO THE PUBLIC -
Email: DOR_LED@state.co.us
2017 Liquor Working Group Members
| Representation |
| Department of Revenue |
| Liquor Enforcement Division |
| Anheuser Busch |
| Colorado Association of Chiefs of Police |
| Colorado Bar Owners Association |
| Colorado Beer Distributors Association |
| Colorado Brewers Guild |
| Colorado Counties Inc. |
| Colorado County Clerks Association |
| Colorado Department of Human Services |
| Colorado Distillers Guild |
| Colorado Licensed Beverage Association |
| Colorado Municipal Clerks Association |
| Colorado Municipal League |
| Colorado Restaurant Association |
| Colorado Wine Industry Development Board |
| Colorado Wyoming Petroleum Marketers Association |
| Coloradoans for Safety |
| Costco |
| County Sheriffs of Colorado |
| Distilled Spirits Council of the United States |
| King Soopers | City Market |
| Kum & Go |
| Liquor Attorneys |
| MADD |
| Miller-Coors |
| Rocky Mountain Food Industry |
| Safeway |
| Support Your Local Liquor Store |
| Target |
| Tavern League of Colorado |
| Wal-Mart |
| Wine & Spirits Wholesalers of Colorado |
| Wine Institute |
Letter of Invitation 2017 Working Group
2017 Liquor Rulemaking Hearing
Permanent Rule Hearing 2017 (Filed November 15, 2017)
Hearing - December 19, 2017
Permanent Rule for Fee Increase (Filed June 28, 2017)
Hearing - August 10, 2017
Emergency Rule for Fee Increase (Filed June 28, 2017)
(Effective July1, 2017)
Permanent Rule for Lodging & Entertainment License
May 30, 2017 (Effective Upon Signature)
Permanent Rule for Fee Increase (Filed December 22, 2016)
Hearing - February 9, 2017
Emergency Rule for Fee Increase (Filed December 22, 2016)
(Effective January 1, 2017)