2022 Colorado Code
Title 44 - Revenue - Regulation of Activities
Article 3 - Alcohol Beverages
Part 4 - Classes of Licenses and Permits
§ 44-3-406. Nonresident Manufacturers and Importers of Malt Liquor

1. A nonresident manufacturer's license shall be issued to persons brewing malt liquor outside the state of Colorado for the purposes listed in subsection (3) of this section.
2. A malt liquor importer's license shall be issued to persons importing malt liquor into this state for the purposes listed in subsection (3) of this section.
3. The licenses referred to in subsections (1) and (2) of this section shall be issued for the following purposes only:
   1. To import and sell malt liquors within the state of Colorado to persons licensed as wholesalers pursuant to this article 3;
   2. To maintain stocks of malt liquors and to operate malt liquor warehouses by procuring a malt liquor wholesaler's license for each such operation as provided in this article 3;
   3. To solicit orders from retail licensees licensed under this article 3 or article 4 of this title 44 and fill the orders through malt liquor wholesalers.

4. Any person holding a nonresident manufacturer's license or a malt liquor importer's license shall also be eligible to obtain a vinous and spirituous liquor importer's license pursuant to section 44-3-405; except that each such license obtained shall be separate and distinct.
5. Each manufacturer, nonresident manufacturer, and malt liquor importer shall enter into a written contract with each wholesaler with which the manufacturer, nonresident manufacturer, and malt liquor importer intends to do business that designates the territory within which the product of the manufacturer, nonresident manufacturer, and malt liquor importer is sold by the respective wholesaler. A manufacturer, nonresident manufacturer, and malt liquor importer shall not contract with more than one wholesaler to sell their products within the same territory. The contract shall be submitted to the state licensing authority with any application and the applicant, if licensed, shall have a continuing duty to submit any subsequent revisions, amendments, or superseding contracts to the state licensing authority.
6. It is unlawful for a nonresident manufacturer licensed under this article 3, or any person, partnership, association, organization, or corporation interested financially in or with the licensee, to be interested financially, directly or indirectly, in the business of any person licensed to sell at retail pursuant to this article 3 or article 4 of this title 44.

Source: L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 998, § 2, effective October 1. L. 2019: (3)(c) and (6) amended, (SB 19-011), ch. 1, p. 7, § 9, effective January 31.

Editor's note: This section is similar to former § 12-47-405 as it existed prior to 2018.