Colo. Rev. Stat. § 44-3-410 – Liquor-licensed drugstore license - multiple licenses permitted - license renewals - independent pharmacies - requirements - rules.

(1)
1. (a) A liquor-licensed drugstore license is issued to persons selling malt, vinous, and spirituous liquors in sealed containers not to be consumed at the place where sold. On and after April 10, 2025, as amended, the state and local licensing authorities shall not issue any new liquor-licensed drugstore licenses.
2. (b) Repealed.
(2)
1. (a) A person licensed under this section to sell malt, vinous, and spirituous liquors as provided in this section shall:
  1. (I) Purchase malt, vinous, and spirituous liquors only from a wholesaler licensed under this article 3;
  2. (II)
    1. (A) Not sell malt, vinous, or spirituous liquors to consumers at a price that is below the liquor-licensed drugstore's cost, as listed on the invoice, to purchase the malt, vinous, or spirituous liquors, unless the sale is of discontinued or close-out malt, vinous, or spirituous liquors.
    2. (B) This subsection (2)(a)(II) does not prohibit a liquor-licensed drugstore from operating a bona fide loyalty or rewards program for malt, vinous, or spirituous liquors so long as the price for the product is not below the liquor-licensed drugstore's costs as listed on the invoice. The state licensing authority may adopt rules to implement this subsection (2)(a)(II).
  3. (III) Not allow consumers to purchase malt, vinous, or spirituous liquors at a self-checkout or other mechanism that allows the consumer to complete the alcohol beverage purchase without assistance from and completion of the entire transaction by an employee of the liquor-licensed drugstore;
  4. (IV) Require, in accordance with section 44-3-901 (11), consumers attempting to purchase malt, vinous, or spirituous liquors to present a valid identification, as determined by the state licensing authority by rule; and
  5. (V) Not sell clothing or accessories imprinted with advertising, logos, slogans, trademarks, or messages related to alcohol beverages.
2. (b) A person licensed under this section on or after January 1, 2017, shall not purchase malt, vinous, or spirituous liquors from a wholesaler on credit and shall effect payment upon delivery of the alcohol beverages. The acceptance and use of an electronic funds transfer is not an extension or acceptance of credit as prohibited by this subsection (2)(b) if the transfer is initiated on or before the next business day after the delivery of the malt, vinous, or spirituous liquors.
(3)
1. (a) A liquor-licensed drugstore licensee who complies with this subsection (3) and rules promulgated pursuant to this subsection (3) may deliver malt, vinous, and spirituous liquors to a person of legal age if:
  1. (I) The person receiving the delivery of malt, vinous, or spirituous liquors is located at a place that is not licensed pursuant to this section;
  2. (II) The delivery is made by an employee of the liquor-licensed drugstore who is at least twenty-one years of age and who is using a vehicle owned or leased by the licensee to make the delivery;
  3. (III) The person making the delivery verifies, in accordance with section 44-3-901 (11), that the person receiving the delivery of malt, vinous, or spirituous liquors is at least twenty-one years of age; and
  4. (IV) The liquor-licensed drugstore derives no more than fifty percent of its gross annual revenues from total sales of malt, vinous, and spirituous liquors from the sale of malt, vinous, and spirituous liquors that the liquor-licensed drugstore delivers.
2. (b) The state licensing authority shall promulgate rules as necessary for the proper delivery of malt, vinous, and spirituous liquors and is authorized to issue a permit to any liquor-licensed drugstore licensee that will allow the licensee to deliver the liquors pursuant to the rules and this subsection (3). A permit issued under this subsection (3) is subject to the same suspension and revocation provisions as are set forth in sections 44-3-306 and 44-3-601 for other licenses granted pursuant to this article 3.
(4)
1. (a) Except as provided in subsection (4)(b) of this section, it is unlawful for any owner, part owner, shareholder, or person interested directly or indirectly in a liquor-licensed drugstore to conduct, own either in whole or in part, or be directly or indirectly interested in any other business licensed pursuant to this article 3.
2. (b) An owner, part owner, shareholder, or person interested directly or indirectly in a liquor-licensed drugstore may have an interest in:
  1. (I) An arts license granted under this article 3;
  2. (II) An airline public transportation system license granted under this article 3;
  3. (III) A financial institution referred to in section 44-3-308 (4);
  4. (IV) and (V) Repealed.
  5. (VI) No more than eight liquor-licensed drugstore licenses.
3. (c) Repealed.
(5)
1. (a) A liquor-licensed drugstore licensed under this section shall not store alcohol beverages off the licensed premises.
2. (b) A licensed wholesaler shall make all deliveries of alcohol beverages to a liquor-licensed drugstore:
  1. (I) Through a common carrier, a contract carrier, or on vehicles owned by the wholesaler; and
  2. (II) Only to the business address of the liquor-licensed drugstore.
(6)
1. (a) A liquor-licensed drugstore licensed under this section on or after January 1, 2017, shall have at least one manager permitted under section 44-3-427 who works on the licensed premises. The liquor-licensed drugstore shall designate at least one permitted manager on the licensed premises to conduct the liquor-licensed drugstore's purchases of alcohol beverages from a licensed wholesaler. A licensed wholesaler shall take orders for alcohol beverages only from a permitted manager designated by the liquor-licensed drugstore.
2. (b) A liquor-licensed drugstore that is involved in selling alcohol beverages must obtain and maintain a certification as a responsible alcohol beverage vendor in accordance with part 10 of this article 3.
3. (c) An employee of a liquor-licensed drugstore who is under twenty-one years of age shall not deliver malt, vinous, or spirituous liquors offered for sale on, or sold and removed from, the licensed premises.
(7) A person licensed under this section that obtained additional liquor-licensed drugstore licenses may operate under a single or consolidated corporate entity but shall not commingle purchases of or credit extensions for purchases of malt, vinous, or spirituous liquors from a wholesaler licensed under this article 3 for more than one licensed premises. A wholesaler licensed under this article 3 shall not base the price for the malt, vinous, or spirituous liquors it sells to a liquor-licensed drugstore licensed under this section on the total volume of malt, vinous, or spirituous liquors that the licensee purchases for multiple licensed premises.
(8)
1. (a) The state or a local licensing authority may renew a liquor-licensed drugstore license pursuant to section 44-3-302. In addition to any other requirements for renewal, a person applying to renew a liquor-licensed drugstore license issued on or after January 1, 2017, but issued before April 10, 2025, shall:
  1. (I) Provide evidence to the state and local licensing authorities that, with respect to the total sales made during the prior twelve months at the drugstore premises for which the renewal license is sought, at least twenty percent of the licensee's gross annual income is derived from the sale of food items, as defined by the state licensing authority by rule; and
  2. (II) Make and keep the licensee's premises open to the public.
2. (b)
  1. (I) On and after April 10, 2025, a liquor-licensed drugstore licensee shall not merge, sell, transfer, convert, or change the location of a liquor-licensed drugstore license.
  2. (II) Notwithstanding subsection (8)(b)(I) of this section, a liquor-licensed drugstore licensee that holds a liquor-licensed drugstore license that was issued to an independent pharmacy before January 1, 2025, may change the location of or sell or transfer the license to another independent pharmacy that holds a liquor-licensed drugstore license or to a person that does not already hold or have an interest in a liquor-licensed drugstore license.

Source: L. 2018: (1)(a)(I), IP(1)(b)(IV), (1)(b)(IV)(B), and IP(4)(b)(IV) amended and (4)(b)(V) and (4)(c) added, (SB 18-243), ch. 366, p. 2202, § 9, effective June 4; entire article added with relocations, (HB 18-1025), ch. 152, p. 1007, § 2, effective October 1; (2)(a)(II), (2)(a)(III), and (3) amended and (7) added, (SB 18-243), ch. 366, p. 2202, § 9, effective January 1, 2019. L. 2020: (6)(c) amended, (SB 20-032), ch. 28, p. 98, § 1, effective September 14. L. 2024: (2)(b) amended, (SB 24-231), ch. 205, p. 1258, § 14, effective August 7. L. 2025: (1)(a) and (7) amended, (1)(b), (4)(b)(IV), (4)(b)(V), and (4)(c) repealed, and (4)(b)(VI) and (8) added, (SB 25-033), ch. 64, p. 264, § 2, effective April 10.

Editor's note: (1) This section is similar to former § 12-47-408 as it existed prior to 2018.

(2) (a) Subsections (1)(a)(I), IP(1)(b)(IV), (1)(b)(IV)(B), IP(4)(b)(IV), (4)(b)(V), and (4)(c) of this section were numbered as § 12-47-408 (1)(a)(I), IP(1)(b)(IV), (1)(b)(IV)(B), IP(4)(b)(IV), (4)(b)(V), and (4)(c), respectively, in SB 18-243. Those provisions were harmonized with and relocated to this section as this section appears in HB 18-1025.

(b) Subsections (2)(a)(II), (2)(a)(III), (3), and (7) of this section were numbered as § 12-47-408 (2)(a)(II), (2)(a)(III), (3), and (8), respectively, in SB 18-243. Those provisions were harmonized with and relocated to this section as this section appears in HB 18-1025, effective January 1, 2019.

Cross references: For the legislative declaration in SB 18-243, see section 1 of chapter 366, Session Laws of Colorado 2018.