Liquor Bulletin 17-05 - Third Party Ordering - Delivery Services

Liquor Bulletin 17-05

Dear Liquor Stakeholders,

After reviewing a number of agreements provided to the Liquor Enforcement Division (LED), the LED has identified common compliance issues related to retail liquor licensees who have the authority to deliver alcohol beverages to consumers and want to use third-party companies as agents for ordering and/or delivery of such products. To aid retail liquor licensees authorized to deliver alcohol beverages, please note the following:

1. The LED is issuing the attached bulletin to provide guidance on how retail licensees can be compliant with Colorado liquor laws and rules concerning alcohol orders and deliveries. Licensees should review the bulletin along with the statutes and rules discussed in the bulletin in order to better understand compliance issues related to ordering and delivery.

2. Under Regulation 47-426(B)(1) and (2), retail licensees are required to provide the LED with a copy of the written agreement with any ordering and/or delivery agent prior to accepting any orders or making any deliveries. Such agreements are to be submitted by the retail licensee, not by the third-party ordering and/or delivery agent. The LED will then review such written agreements for compliance with applicable statutes and rules, and work to resolve outstanding issues (if any) directly with the retail licensee.

3. Any retail licensees having written agreements with ordering and/or delivery agents that are not in compliance with the statutes and rules discussed in the attached bulletin should take this opportunity to bring such agreements into compliance, and submit amended copies of such written agreements to LED for review. Such agreement should be submitted as soon as possible but no later than December 31, 2017, regardless of whether such written agreements have previously been provided to the LED by the retail licensee or its ordering and/or delivery agent. During the interim, retail licensees with existing written agreements with third-party ordering and/or delivery agents that have been previously provided to the LED may continue to accept orders for and/or deliver alcohol beverages until the review process is complete.

4. If a retail licensee is using its own employees to take orders and deliver alcohol beverages to consumers, it does not need to submit anything to the LED for review, but must ensure the licensee and its employees are fully complying with the provisions of Regulation 47-426 as well as all other applicable law.

Through future rulemaking, the LED anticipates developing a more formal process pursuant to which all retail licensees who deliver alcohol, directly or through an ordering and/or delivery agent, will be required to have a delivery permit. At that time, the LED will contact each retail liquor licensee engaged in delivery so the permit can be issued.

If you have any questions, please contact the LED atn303-205-2306 or email at

Patrick Maroney
Liquor Enforcement Division