To: Honorable Mayor and Members of Town Council
Through: David L. Corliss, Town Manager
From: Lisa Anderson, Town Clerk
Title
Ordinance Amending Section 110 of Chapter 2.17 of the Castle Rock Municipal Code Regarding Tasting Licenses (Second Reading - Approved on First Reading on February 21, 2023, by a vote 7-0)
Body
________________________________________________________________________________
Executive Summary
Council voted 7-0 to approve the Ordinance on first reading on February 21, 2023.
At the February 7, 2023 Town Council meetings, Town Council unanimously directed staff to prepare an Ordinance amending Section 2.17.110 of the Castle Rock Municipal Code to adopt regulations under CRS 44-3-301 to allow:
• Fermented Malt Beverage and Wine Retailer licensees to conduct Tastings
• Allow licensees to save opened bottles for future tastings with the following exceptions:
1. Retain the Town restriction limited to 104 Tastings per year
2. Limit Tastings to four days per week Monday through Saturday
Proposition 125 passed at the November 2022 election allowing Fermented Malt Beverage (FMB) licensed stores (convenience and grocery stores) to:
(1) Sell wine
(2) Conduct Tastings
This current FMB licenses will automatically be converted to Fermented Malt Beverage and Wine Retailer licenses on March 1, 2023.
Discussion
Tastings are currently regulated under CRS 44-3-301 authorizing Tastings at Retail Liquor Stores and Liquor Licensed Drug Stores (and now FMB and Wine Retailer licenses) if the municipality adopts an ordinance authorizing tastings, and can be stricter on the number of tastings and the days or hours for tastings.
Current Statute on Tastings:
• Are applied for and approved by the Local Authority
• Conducted by a representative of the store or the wholesaler, brew or distillery pub or winery that is TIPS trained.
• Samples must be:
o free of charge
o limited to four samples to a patron
o cannot exceed 1 ounce of malt of vinous liquor or ½ ounce of spirituous liquor per sample in an open container.
Castle Rock adopted an ordinance allowing Tastings for Retail Liquor Stores and Liquor Licensed Drug Stores with three stricter regulations.
Castle Rock Stricter Regulations:
Castle Rock Statute allows
Tastings 104 per year 156 per year
Days 4/wk - Mon-Sat 7 days a week
Five Hours 11am-7pm 11am - 9pm
Opened Bottles Destroyed Save for future Tastings
Below is a breakdown of license types within Castle Rock depicted on Attached Map:
|
License Type |
Licensed to Sell |
Number of Stores |
|
Retail Liquor Store (RLS) |
All types of alcohol |
12 |
|
Liquor-Licensed Drugstore (LLD) |
All types of alcohol |
2 |
|
Fermented Malt Beverage and Wine Retailer (FMB) |
Full strength beer, other fermented malt beverages such as hard seltzers and Wine (as of 3/1/23) |
21 |
Town Council has the ability to:
1. Update our Code to allow FMB and Wine Retailer licenses to conduct Tastings.
2. Retain or Amend our stricter regulations OR adopt the state regulations as noted.
Budget Impact
This would increase revenue if the Fermented Malt Beverage and Wine Retailer licensees applied for Tastings licenses.
Staff Recommendation
Staff recommends approval.
Proposed Motion
I move to Approve the Ordinance on second and final reading.
Attachments
Ordinance
CRS 44-3-301
Map of Licenses