(I) Tastings shall be conducted only:
(A) By a person who: Has completed a server training program that meets the standards established by the liquor enforcement division in the department and is a retail liquor store or liquor-licensed drugstore licensee, an employee of a retail liquor store or liquor-licensed drugstore licensee, or a representative, employee, or agent of the licensed wholesaler, brew pub, distillery pub, manufacturer, limited winery, importer, or vintner’s restaurant promoting the alcohol beverages for the tasting; and
(B) On a licensee’s licensed premises.
(II) The alcohol beverage used in tastings must be purchased through a licensed wholesaler, licensed brew pub, licensed distillery pub, or winery licensed pursuant to section 44-3-403 at a cost that is not less than the laid-in cost of the alcohol beverage.
(III) The size of an individual alcohol sample shall not exceed one ounce of malt or vinous liquor or one-half of one ounce of spirituous liquor.
(IV) Tastings shall not exceed a total of five hours in duration per day, which need not be consecutive.
(V) The licensee may conduct tastings only during the operating hours in which the licensee on whose premises the tastings occur is permitted to sell alcohol beverages, and in no case earlier than 11 a.m. or later than 9 p.m.
(VI) The licensee shall prohibit patrons from leaving the licensed premises with an unconsumed sample.
(VII) The licensee shall promptly remove all open and unconsumed alcohol beverage samples from the licensed premises, destroy the samples immediately following the completion of the tasting, or store any open containers of unconsumed alcohol beverages in a secure area outside the sales area of the licensed premises for use at a tasting conducted at a later time or date.
(VIII) The licensee shall not serve a person who is under twenty-one years of age or who is visibly intoxicated.
(IX) The licensee shall not serve more than four individual samples to a patron during a tasting.
(X) Alcohol samples shall be in open containers and shall be provided to a patron free of charge.
(XI) The licensee may conduct tastings on no more than one hundred fifty-six days per year.
(XII) No manufacturer of spirituous or vinous liquors shall induce a licensee through free goods or financial or in-kind assistance to favor the manufacturer’s products being sampled at a tasting. The retail liquor store or liquor-licensed drugstore licensee bears the financial and all other responsibility for a tasting conducted on its licensed premises.
I declare under penalty of perjury in the second degree that this application, and all attachments are true, correct, and complete to the best of my knowledge. I acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with all applicable laws, including all applicable provisions of the Town of Erie’s Municipal Code 4-8-11 and the Colorado Liquor Code 12-47-301 C.R.S that affect my license.
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