Beer & Liquor: Fermented Malt Beverage Licenses

Beer & Liquor Fermented Malt Beverage Licenses Staff discretion to support Not yet introduced Sens. Chris Holbert, R-Parker, and Lucia Guzman, D-Denver Kevin Bommer kbommer@cml.org

The CML Executive Board previously approved CML-initiated legislation to allow for more restrictions on fermented malt beverage (FMB) licenses issued on or after Jan. 1, 2019. On that date, all FMB licensees will be allowed to sell malt liquor (full-strength beer and equivalents). Since that time, staff has confirmed the legislation will have compromise language from multiple sources. Staff met with both sponsors, who agreed to include the CML language with some minor changes. On Feb. 7, an initial draft was distributed and a stakeholder meeting was held on Feb. 12. The draft represents a significant departure from current law, and drew significant opposition from grocery stores and convenience stores, as expected. The League is concerned that nothing will happen and we will have to try to get our own legislation introduced to:

  1. Allow local licensing authorities to adopt a moratorium on new FMB licenses on or after the effective date of the bill through Dec. 31, 2018.
  2. Establish that new FMB licenses shall be subject to distance limitations from schools (i.e., other Article 47 licenses) with identical authority for the municipality to reduce or eliminate distance restrictions for all FMB licenses.
  3. Establish the authority for alocal licensing authority to deny a new FMB license beginning on Jan. 1, 2019, based on determination of an undue concentration of other FMB licenses, liquor-licensed drugstore licenses, and/or retail liquor store licenses. (Using existing language in Article 47 for retail liquors stores and taverns as a template.)