DATE: JULY 23, 2020
LED is releasing this bulletin to clarify the parameters of the amended “last call” Executive Order that Governor Polis issued today to help curb the spread of COVID-19. Executive Order D 2020 144 (EO 144) amends the “last call” provision of Executive Order D 2020 142. In EO 144, the Governor directs on-premises licensees who hold a liquor license pursuant to Articles 3, 4, and/or 5 of the C.R.S., Title 44, to cease all alcohol sales to end consumers, for consumption on the licensed premises, between the hours of 10:00 p.m. and 7:00 a.m. each day.
EO 144 clarifies the parameters of the 10:00 p.m. “last call” provision originally articulated in Executive Order D 2020 142. The terms of EO 144 require that:
- On-premises liquor licensees must cease alcohol beverage sales for on-premises consumption (including sales for on-premises consumption by approved sales rooms) by 10:00 p.m., nightly, and may not resume alcohol beverage sales until 7 a.m. the following morning.
- Licensees licensed to conduct sales of alcohol beverages for off-premises consumption (including sales for off-premises consumption by approved sales rooms) may continue to sell alcohol beverages for consumption off the licensed premises until midnight and may resume alcohol beverage sales for off-premises consumption at 8:00 a.m. the following morning, as allowed under 44-3-901(6)(b)(II).
- Delivery sales of alcohol beverages by both on and off premises licensees who have that privilege may continue to operate as usual, and do not need to cease at 10:00 p.m. However, takeout sales by on-premises licensees are not exempted from the requirements of EO 144 and must cease by 10:00 p.m. nightly.
Reminder on Prohibition of Over-Service
LED reminds all licensees that regardless of the time that alcohol beverages are ordered and served to a patron, selling or serving alcohol beverages to visibly intoxicated people is still prohibited under 443-901(1)(a), C.R.S. LED takes public safety concerns very seriously, and over-service violations may result in administrative action up to and including revocation of a liquor license. It is still incumbent on any liquor licensee to ensure that alcohol sales are made in a responsible manner, and over-service of alcohol is not an acceptable or responsible business practice. For example, over-service may result from a licensee allowing or encouraging a patron to order numerous drinks directly prior to 10:00 p.m. and to remain in a licensed establishment to consume them.
We thank you for your continued support of your industry, LED, and the Governor’s Office in helping to ensure the safety of our communities and responsible alcohol service in the State of Colorado.
As circumstances change, LED may need to amend or withdraw the guidance in this bulletin. LED will continue to provide updated guidance as promptly as possible.
Please do not hesitate to reach out to LED at dor_led@state.co.us, if you have any questions regarding this bulletin.
Colorado Liquor Enforcement Division