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Shipping beer to Colorado

License to self-distribute: Yes

C.R.S. 12-47-402; C.R.S. 12-47-415

(1)  A manufacturer’s license shall be issued by the state licensing authority to persons distilling, rectifying, or brewing within this state for the following purposes only: (b) To sell malt or vinous liquors of their own manufacture within this state. Brewers or winers licensed under this section may solicit business directly from licensed retail persons or consumers by procuring a wholesaler’s license as provided in this article; except that any malt liquor sold at wholesale by a brewer that has procured a wholesaler’s license shall be unloaded and placed in the physical possession of a licensed wholesaler at the wholesaler’s licensed premises in this state and inventoried for purposes of tax collection prior to delivery to a retailer or consumer. Wholesalers of malt liquors receiving products to be held as required by this paragraph (b) shall be liable for the payment of any tax due on such products under section 12-47-503 (1) (a).(d) To sell malt, vinous, or spirituous liquors in other states, t he laws of which permit the sale of alcohol beverages; (e) To sell for export to foreign countries if such export for beverage or medicinal purposes is permitted by the laws of the United States; but Colorado distillers, rectifiers, winers, and brewers licensed under this section may sell their products distilled, rectified, or brewed in this state directly to licensed retail licensees by procuring a wholesaler’s license. See also: (2) (a) Except as provided in paragraph (b) of this subsection (2), during the hours established in section 12-47-901 (5) (b), malt liquors or fermented malt beverages manufactured by a brew pub licensee on the licensed premises or alternating proprietor licensed premises may be: (I) Furnished for consumption on the premises; (II) Sold to independent wholesalers for distribution to licensed retailers;(III) Sold to the public in sealed containers for off-premises consumption. Only malt liquors or fermented malt beverages manufactured and packaged on the licensed premises or alternating proprietor licensed premises by the licensee shall be sold in sealed containers.(IV) Sold at wholesale to licensed retailers in an amount up to three hundred thousand gallons per calendar year.(b) A brew pub authorized to manufacture malt liquors or fermented malt beverages upon alternating proprietor licensed premises shall not conduct retail sales of malt liquors or fermented malt beverages from an area licensed or defined as an alternating proprietor licensed premises.

Shipping beer in Colorado is legal, however, it cannot come from an out of state brewery. You can ship out of state to those states which allow for direct to consumer shipments from out of state breweries.

12-46-107. Local licensing authority – application – fees. (1) The local licensing authority shall issue only the following classes of fermented malt beverage licenses:

(a) Sales for consumption off the premises of the licensee; (b) Sales for consumption on the premises of the licensee; (c) Sales for consumption both on and off the premises of the licensee. A person licensed pursuant to this paragraph (c) may deliver at retail fermented malt beverages in factory-sealed containers in conjunction with the delivery of food products if such person has obtained a permit for the delivery of fermented malt beverages from the state licensing authority. The state licensing authority shall promulgate rules as are necessary for the proper delivery of fermented malt beverages pursuant to this paragraph (c) and shall have the authority to issue a permit to any person who is licensed pursuant to and delivers fermented malt beverages under this paragraph (c).

(2) The local licensing authority shall collect an annual license fee of twenty-five dollars if the licensed premises is located in a municipality or city and county and fifty dollars if the licensed premises is located outside the corporate limits of a municipality or city and county.

Regulation 47-426. Delivery of Alcohol Beverages.

B. Delivery Permitted.

A retail liquor licensee, licensed to sell malt, vinous, and spirituous liquor, for off-premises consumption or fermented malt beverages for on and off premises consumption, may, deliver such alcohol beverages to any location off the licensed premises, pursuant to the following restrictions:

1. The order for the alcohol beverages which are to be delivered, must be taken by the licensee or an ordering service acting as an agent of the licensee pursuant to a written agreement entered into with the licensee. Licensee shall provide a copy of said agreement to the Liquor Enforcement Division prior to any orders being accepted by licensee’s agent. The order may be taken by written order, by telephone, in person, or via internet communication with the licensee or its agent. The person placing the order must provide the licensee with their name, address, date of birth and a valid form of identification, including the identification number. Under no circumstances shall a person under 21 years of age be permitted to place an order for alcohol beverages.

2. Delivery of alcohol beverages shall only be made to a person 21 years of age or older at the address specified in the order. Delivery must be made by the licensee, an employee of the licensee, or a delivery service acting as an agent of the licensee pursuant to a written agreement entered into with the licensee. A copy of said agreement shall be maintained by the licensee. The licensee or his employee, or a representative of a delivery service who delivers the alcohol beverages shall note and log, at the time of delivery; the name, address, date of birth and the valid form of identification, including the identification number, of the person the alcohol beverages are delivered to. Under no circumstances shall a person under 21 years of age be permitted to receive a delivery of alcohol beverages.

3. Licensees who deliver alcohol beverages shall maintain as a part of their required records, pursuant to 12-47-701 C.R.S., all records of delivery including; delivery agreements, delivery orders, receipt logs and journals. These records shall be maintained by the licensee for the current and three prior calendar years. Failure to maintain accurate or complete records shall be a violation of this regulation.

4. Have a licensed premises with the following conditions:
a. Open to the public a minimum of three (3) days a week; and
b. Open to the public a minimum of five (5) hours each day the business is open; and
c. Have signage viewable from a public road

Colorado Department of Revenue-Liquor Enforcement Division
1881 Pierce #108A
Lakewood, CO 80214-1495
Mail: 1375 Sherman Street, Denver, CO 80261
Phone: 303/205-2300
Fax: 303/205-2341

how to sell beer online

*Disclaimer
In no way should this be interpreted as legal advice. Instead, it should be an additional resource in your own unique research. All materials have been prepared for general information purposes only to permit the reader to learn more about craft beer legal issues. The information presented is not legal advice, is not to be acted on as such, may not be current and is subject to change without notice. Always seek the advice of a competent attorney before drafting a contract, terminating a wholesaler, or initiating other legal action.