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Yes. Per Governor Polis’ order on March 20, 2020, businesses may sell or deliver alcohol as a part of a food order to persons over the age of 21. Please see the State’s Public Health FAQ for more information. The executive order remains in effect until July 1, 2021. The Colorado General Assembly is currently considering an indefinite extension.
Beverages sold with take out food orders must be held in sealed containers. For guidance on what this constitutes, please see Colorado LED Bulletin 20-24, effective November 1, 2020.
Delivery sales may continue until 2:00 a.m. for licensees who have such abilities, regardless of level status, or whether or not on-premises sales are allowed during any particular time frame; Takeout alcohol beverage sales must cease when sale for consumption on the licensed premises is scheduled to end.
Guidance from the Colorado Revised Statutes (below) has not changed during the time of COVID-19.
44-3-423. Removal of vinous liquor from licensed premises.
(1) Notwithstanding any provision of this article 3 to the contrary, a licensee described in subsection (2) of this section may permit a customer of the licensee to reseal and remove from the licensed premises one opened container of partially consumed vinous liquor purchased on the premises so long as the originally sealed container did not contain more than seven hundred fifty milliliters of vinous liquor.
(2) This section applies to a person:
(a) That is duly licensed as a:
(I) Manufacturer under section 44-3-402;
(II) Limited winery under section 44-3-403;
(III) Beer and wine licensee under section 44-3-411;
(IV) Hotel and restaurant under section 44-3-413;
(V) Tavern under section 44-3-414;
(VI) Brew pub under section 44-3-417;
(VII) Vintner’s restaurant under section 44-3-422;
(VIII) Club under section 44-3-418;
(IX) Distillery pub under section 44-3-426; or
(X) Lodging and entertainment facility under section 44-3-428; and
(b) That has meals, as defined in section 44-3-103 (31), or sandwiches and light snacks available for consumption on the licensed premises.
At this point, customers may not be served alcohol while waiting for their order, even if they are on the business premises.
On Tuesday, October 6, Governor Jared Polis issued Executive Order D 2020-213, which aligns takeout sales of alcohol beverages with on-premises “last call” provisions that are in place due to the continuing COVID-19 pandemic. The Colorado Department of Public Health and Environment (CDPHE) may issue public health orders setting takeout and last call times to any time before 2:00 a.m, based on each county’s COVID-19 status under the “Safer at Home” orders. Amended Public Health Order PHO 20-35 aligns takeout privileges with last call times.
Garfield County is currently under Level Yellow status, which means that sales for on-premises consumption and takeout of alcohol beverages must cease between 1:00 a.m. and 7:00 a.m. daily.
Below are a few points of clarification:
● Sales Rooms (wine, beer, and spirits) are included in the order;
● Delivery sales may continue until 2:00 a.m. for licensees who have such abilities, regardless of level status, or whether or not on-premises sales are allowed during any particular time frame;
● Takeout alcohol beverage sales must cease when sale for consumption on the licensed premises is scheduled to end.
For more information, please visit the State Liquor Enforcement Division website.
Please visit the Use of Outdoor Space page on our website for more information, including an application for outdoor seating. Temporary Outdoor Structures must adhere to all guidelines from the Building and Fire Departments.
The State of Colorado has an exhaustive list of resources and FAQs available here: https://covid19.colorado.gov/safer-at-home/restaurants-food-services.