12-47-403, Limited Winery License
12-47-403 Limited winery license.
(1) A Colorado limited winery license shall be granted by the state licensing authority to an applicant that certifies that it will manufacture not more than one hundred thousand gallons, or the metric equivalent thereof, of vinous liquors within Colorado. Each limited winery licensee shall annually certify to the state licensing authority its compliance with this subsection (1) and shall be subject to revocation of its license for false certification.
(2) A limited winery licensee is authorized:
(a)(I) To manufacture vinous liquors upon its licensed premises and, in order to enhance the growth and viability of the Colorado wine industry, upon alternating proprietor licensed premises, as approved by the state licensing authority.
(II) To ensure adequate oversight and regulation of alternating proprietor licensed premises, within one hundred twenty days after the effective date of this section, as amended, the Liquor Enforcement Division in the Department of Revenue, after consultation with the Colorado wine industry and other interested parties from the alcohol beverage industry, shall adopt rules for the implementation, standardization, and enforcement of alternating proprietor licensed premises.
(b) To sell vinous liquors of its own manufacture within this state at wholesale, at retail, or to personal consumers, including, if the limited winery also has received a winery direct shipper's permit under section 12-47-104, sales to be delivered by common carrier to personal consumers.
(c) To sell vinous liquors of its own manufacture in other states, the laws of which permit the sale of such wines and liquors;
(d) To sell vinous liquors of its own manufacture for export to foreign countries if such export is permitted by the laws of the United States;
(e) To conduct tastings and sell vinous liquors of its own manufacture, as well as vinous liquors manufactured by other Colorado wineries, on the licensed premises of the limited winery and up to five other licensed premises, whether included in the license at the time of the original license or by supplemental application; except that no retail sales shall be conducted from an area licensed or defined as an alternating proprietor licensed premises.
(f) To serve and sell food, general merchandise, and nonalcoholic beverages for consumption on the premises of any licensed premises or to be taken by the consumer.
(2.3) In order to encourage and maintain the integrity and authenticity of Colorado's viticultural identity, support the wine-grape and fruit growing industries in Colorado, and inform the consumer of the source of grapes and fruit used by Colorado limited wineries to produce vinous liquors, the Liquor Enforcement Division shall, after consultation with the Colorado wine industry and other interested parties from the alcohol beverage industry, within one year after the effective date of this subsection (2.3), enact rules for the implementation, standardization, and enforcement of appellation labeling requirements that are consistent with, and with respect to the origin of the grapes and other fruit used to manufacture the vinous liquor, more informative than currently required by federal wine labeling regulations, 27 CFR, Chapter 1, Part 4, "Labeling and Advertising of Wine" and related regulations. Colorado's label regulations shall apply to manufacturer licensed pursuant to section 12-47-402, C.R.S., or a Colorado limited winery licensed under this section in the manufacture of the vinous liquor contained in the labeled bottle. Honey wine, including honey wine flavored with fruit, herbs, or spices, shall be exempt from the labeling requirements included in this section.
(2.7)(a) A winery may affix the phrase "Colorado Grown" to bottles of wine described in section 12-47-103 (6.5).
(b) Effective July 1, 2006, it shall be unlawful for a Colorado winery to make any misleading statement on its product label regarding the origin of grapes, fruit, or other agricultural products used to make vinous liquor. This paragraph (b) shall not be construed to apply to the winery's name or address or to an appellation allowed under federal regulations.
(3) A person who has a financial interest in a limited winery license and relinquishes such license to apply for another license under this article shall be prohibited from obtaining a limited winery license for three years from the date of issuance of such other license.
(4) (a) It is unlawful for any limited winery licensee or any person, partnership, association, organization, or corporation interested financially in or with a limited winery licensee to be interested financially, directly or indirectly, in the business of any person licensed to sell at retail pursuant to this article.
(b) It is unlawful for any limited winery licensee or any person, partnership, association, organization, or corporation interested financially in or with a limited winery licensee to be interested financially, directly or indirectly, in the business of any vinous or spirituous wholesale licensee.