The Liquor Enforcement Division (LED) has received several requests to clarify the following topics:
1. Senate Bill 18-243 and the distance/food requirement for new fermented malt beverage (FMB) off-premises retailers.
2. Modification of premises requests for FMB off-premises licenses.
Therefore, the LED is providing this email to clarify these issues.
SB18-243 – Distance/Food requirements
On April 4, 2018, SB18-243 became law that prohibits the local and state licensing authority from issuing a new FMB off-premises retail license that is located with 500 feet of an existing retail liquor store (RLS). The law also mandates that new FMB off-premises retailers must receive 20% of its gross sales come from the sales of food (as defined by law).
The law also provides an exception to both of the requirements above. The exception is granted to those applicants/licensees that have applied for or obtained either a valid building permit or certificate of occupancy by January 1, 2019. On December 5, 2018, the LED issued emergency rules (47-009 and 47-010) that provided additional guidance on its interpretation of this law. On December 11, 2018, the LED issued Bulletin 18-14 to give further clarity in regards to the emergency rules.
As a part of the licensing process, the LED will only issue new FMB off-premises licenses in accordance with SB18-243 and regulations 47-009 and 47-010.
Modification – FMB Off-Premises Licenses
Regulation 47-302(A)(4) requires a modification request if any remodeling either expands or reduces the existing area designed for the display or sale of alcohol beverage products. Therefore, if an FMB off-premises licensee changes the existing plan currently on file with the local and state licensing authority to modify their premises accordingly, a request must be submitted and then approved by both the local and state licensing authorities.