DATE: JULY 14, 2020
REGULATION 47-1002(C) TEMPORARY RELIEF MEASURES:
Currently, Regulation 47-1002(C) (Application for Special Event Permit), directs special event applicants to submit their applications to their local licensing authority not less than thirty (30) days prior to the date of the special event. However, after extensive engagement and feedback from our stakeholders and local clerks, LED is shortening this requirement to fifteen (15) days, as a temporary relief measure for our licensees and clerks during the COVID-19 pandemic. We will re-evaluate the need for relief in this area by October 8, 2020.
Wholesaler Guidance for Retailer License Expiration:
The Division has seen an increase in licensees not submitting their renewal paperwork, or submitting it late. Due to this, many licenses appear to have expired - which will cause delays in the delivery of alcoholic beverages from a wholesaler and the inability to sell alcohol with an expired license.
There are multiple renewal avenues available to licensees:
- You may submit renewal paperwork and payment to the local licensing authority, and filing with the local licensing authority is deemed to be filing with the State;
- You may submit renewal paperwork to the local licensing authority and the State Licensing Authority simultaneously (application to the State may be emailed to: dor_led_renewals@state.co.us), and utilize the online payment portal located at: https://secure.colorado.gov/payment/liquor You may also submit initial applications emailing: dor_liqlicensing@state.co.us and using the payment portal listed above.
Please note – No State license shall be issued until we have received local licensing authority approval.
44-3-407(1)(a)(II), C.R.S., requires that wholesaler licensees only deliver product to “place[s] regularly licensed” pursuant to the Liquor Code. Recently, LED has been seeing an increase in inquiries related to whether or not any given retail licensee is in good standing and, therefore, eligible to receive product from their wholesalers, when the retail licensee’s license appears as “expired” on the LED website.
44-3-302, C.R.S., allows for the “extension” of an expiration date, provided that the completed application for renewal has been timely filed with the local licensing authority. However, it is often the case that the local licensing authority has received and is processing the application for renewal during the timeframe that the license is set to technically “expire,” and that information is not reflected on LED’s website. Thus, it is imperative that local licensing authorities and the State Licensing Authority communicate with one another in regards to licenses set to “expire”, and we would ask our local licensing authorities to inform us as soon as possible that they are in possession of the necessary renewal application for expiring licenses.
FOR OUR LICENSEES: If you are a wholesaler or a retail licensee concerned about your ability to deliver/receive product as a renewal is being processed, we would ask that you adhere to the following process to receive confirmation of eligibility:
(1) Contact the appropriate local licensing authority and inquire as to the status of timely submitted renewal paperwork; if the local licensing authority is able to confirm that the renewal is in process, the license is not “expired”, and product may continue to be delivered/received.
(2) Should further confirmation be deemed necessary, please work with the local licensing authority in reaching out to LED and requesting a “Letter of Wholesale Eligibility” for any individual account for which this step is deemed appropriate. We would ask that you utilize this option sparingly, and only for accounts where it is appropriate to require this authorization in writing.
If you are experiencing financial hardship related to COVID-19 and are unable to pay your renewal fees on time, please contact the State Licensing Authority to discuss the matter further. The Division will look at these matters on a case-by-case basis to provide relief as much as practically possible.
The Division reserves the right to amend or withdraw industry bulletins at any time, but will provide at least three (3) days’ notice prior to any withdrawal or amendment.
If you have any questions about this bulletin, please email: dor_led@state.co.us; or call the main phone line at: (303) 205-2300.