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Colorado Wine in Grocery Stores on Brink of Becoming Law

November 14, 2022

*Originally published by LaszloLaw

Colorado’s Proposition 125 aka “Wine in Grocery Stores” appears to be headed to victory.  As of November 15, 2022, voting is at 50.47 percent in favor to 49.53 percent against, with more than 22,000 ballots in between. While possibly headed for a recount, it looks as though wine in Colorado grocery stores will soon be a reality. So, what does this mean for Colorado?

Most Colorado grocery and convenience stores are allowed to sell only beer via a “Fermented Malt Beverage” Colorado Liquor License (“FMB.”)  Proposition 125 would allow all stores currently permitted to sell only beer to sell also sell wine – as of March 1, 2023.  Spirits would still only be available at retail liquor stores and select few grocery stores.  Assuming Proposition 125 passes, on March 1, 2023, the approximately 1,800 FMB licenses in Colorado will automatically expand to a “Fermented Malt Beverage and Wine Retailer” license – which will allow the sale of wine in addition to beer in grocery stores and convenience stores.  No new license will be needed – which is quite remarkable and advantageous to current FMB licensees.

The other Colorado liquor measures – Proposition 124, which would have increased the number of Retail Liquor Store licenses one owner could hold and Proposition 126, which would have permitted third party delivery of alcohol both failed decisively.

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