Suzy Ageton George Karakehian KC Becker Tim ... - City of Boulder

“Limited winery” means any establishment manufacturing not more than one hundred
thousand gallons, or the metric equivalent thereof, of vinous liquors annually within
Colorado.
“Sell at wholesale” means selling to any other than the intended consumer of malt, vinous,
or spirituous liquors. “Sell at wholesale” shall not be construed to prevent a brewer or
wholesale beer dealer from selling malt liquors to the intended consumer thereof, or to
prevent a licensed manufacturer or importer from selling malt, vinous, or spirituous
liquors to a licensed wholesaler.
“Vintner’s restaurant” means a retail establishment that sells food for consumption on the
premises and that manufactures not more than two hundred fifty thousand gallons of wine
on its premises each year.
“Winery” means any establishment where vinous liquors are manufactured; except that the
term does not include a vintner’s restaurant licensed pursuant to §12-47-420 (C.R.S.).
Manufacturer’s Licenses
All of the local breweries, wineries and distilleries in the city (except for brew pubs) are
authorized to manufacture their products under a state Manufacturer’s License. Manufacturer’s
Licenses have a number of requirements that are different from retail licenses and, unlike retail
licenses, are issued by the state. See C.R.S. § 12-47-402(3) and (6).
Under a Manufacturer’s License, distilleries and wineries are authorized to serve and sell
beverages of its own manufacture, as well as food and nonalcoholic beverages for consumption
on the licensed premises or to be taken off the premises by the consumer. Wineries may also
ship wine directly to personal consumers.
A license for a brewery to manufacture malt liquors, however, is different from that for wineries
and distilleries. Most notably, there is not specific authority under the statute to provide tap
rooms at a brewer’s manufacturing facility. C.R.S. § 12-47-402(1). Instead, a malt liquor
manufacturer must obtain a Wholesaler’s License in addition to a Manufacturer’s License in
order to sell its products to the consumer on the site. In addition to allowing a manufacturer to
directly distribute their products to retail license holders, a Wholesaler’s License also allows the
manufacturer to have a “sales room” for the purpose of selling malt liquor. See C.R.S. § 12-47-
406(1)(b) and 1 Colo. Code Regs. § 203-2. Manufacturer’s licenses for brewers do not explicitly
authorize the sale of food, therefore, food sales, such as through a restaurant, can be regulated
through zoning regulations.
The 500-Foot Rule
Under state law, there is a rule that prohibits liquor licenses to be granted by the local beverage
licensing authority to retail liquor stores located within 500 feet of a school (e.g. public or
parochial school or the principal campus of any college, university or seminary). See C.R.S. §
12-47-407(5) and 12-47-313(1)(d). The City of Boulder has exercised this authority in areas
around the University of Colorado and Boulder High School. The 500-foot rule, however, does
not apply to Manufacturer’s or Wholesaler’s Licenses. See C.R.S. § 12-47-313 (1)(d)(III).
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