DATE: November 18, 2020 (Amended November 20, 2020)
The Liquor Enforcement Division (LED) is issuing this bulletin to provide clarification and guidance regarding the recently released First Amended Public Health Order 20-36 (“the Order”).
- The Order takes effect on Friday, November 20, at 5:00 p.m.
- The Order retains the COVID-19 “dial” system but adds an “extreme risk” category (level “Purple”). Your county’s status on the dial can be found by visiting this website.
- The Order itself details the requirements for in-person dining, alcohol service, and social gatherings for each level found on the dial. Below is a quick guide to some of the more pertinent restrictions for liquor licensees.
Level Green: Protect Our Neighbors. Counties may allow any business or activity (including bars and restaurants) within their jurisdiction to operate at 50% of their pre-pandemic capacity, or 500 people, whichever is less. There are no alcohol beverage service-specific restrictions or allowances.
Level Blue: Safer at Home – Cautious. Restaurants may operate at 50% of their posted occupancy limit, not to exceed 175 people (excluding staff), whichever is less, per room. Restaurants (as defined in the Order) must cease alcohol beverage sales to end consumers for consumption on the licensed premises, and for takeout, between 12:00 a.m. and 7:00 a.m. MDT each day. Counties/municipalities may set more restrictive hours if they choose to do so.
Level Yellow: Safer at Home - Concern. Restaurants may operate at 50% of their posted occupancy limit, not to exceed 50 people (excluding staff), whichever is less, per room. Restaurants (as defined in the Order) must cease alcohol beverage sales to end consumers for consumption on the licensed premises, and for takeout, between 11:00 p.m. and 7:00 a.m. MDT each day. Counties/municipalities may set more restrictive hours if they choose to do so.
Level Orange: Safer at Home - High Risk. Restaurants may operate at 25% of their posted occupancy limit, not to exceed 50 people (excluding staff), whichever is less, per room. Restaurants (as defined in the Order) must cease alcohol beverage sales to end consumers for consumption on the licensed premises, and for takeout, between 10:00 p.m. and 7:00 a.m. MDT each day. Counties/municipalities may set more restrictive hours if they choose to do so.
Level Red: Safer at Home - Severe Risk. Restaurants are closed for in-person indoor dining but may offer takeout and delivery services. Outdoor in-person dining is allowed with social distancing and family group restrictions. Restaurants (as defined in the Order) must cease alcohol beverage sales to end consumers for consumption on the licensed premises by 8:00 p.m. and 7:00 a.m. each day, though takeout can be offered until 10:00 p.m. MDT each day. Counties/municipalities may set more restrictive hours if they choose to do so.
Level Purple: Safer at Home - Extreme Risk. Restaurants are closed for in-person indoor and outdoor dining but may offer takeout and delivery services until 2 a.m. Please refer to the Order itself for further specifics regarding definitions of “bars” and “restaurants” and more extensive guidance on requirements for your particular licensed establishment. We would also like to remind you to check with your local licensing authorities and/or public health departments to ensure that you are compliant with locality-specific requirements and variances.
We know that these times are exceptionally trying and are severely affecting all liquor licensees. We urge you to make the best of efforts to help control the spread of the novel coronavirus by adhering to best practices and guidelines in the hope of speeding up economic recovery.
We thank you for your continued cooperation and diligence in working together to keep customers and employees safe. The Division reserves the right to amend or withdraw industry bulletins at any time but will try to give as much forewarning as possible before any such amendment or withdrawal.
Please reach out to dor_led@state.co.us with any questions you may have regarding this bulletin.
Colorado Liquor Enforcement Division