When restaurants were shutdown during the 2020 pandemic, industry representatives said a law allowing the sale of alcoholic beverages for takeout and delivery helped ease financial burdens for many business owners.

That temporary law is set to expire in 2025, and some lawmakers this year aim to keep it permanent. 

Senate Bill 020 would permanently remove the scheduled repeal of existing statutes allowing licensed businesses to continue selling alcoholic beverages for delivery or takeout. The measured on Thursday cleared the Senate Business, Labor and Technology Committee. 

To address concerns about drinking and driving, the bill requires all beverages to be sealed in tamper-proof containers and delivered by an employee over the age of 21. Customers must also be at least 21 with a valid ID to purchase the beverages. 

Several representatives from the restaurant industry support the bill, emphasizing that the ability to sell alcoholic beverages for takeout and delivery has been instrumental in boosting revenue, both during the pandemic and today. 

Rebecca Hernandez of the Colorado Restaurant Association reported that more than 1,800 restaurants in Colorado have received an alcohol to-go license. In a survey conducted by the group, 90% of the participating restaurants said they would continue to offer this service if the 2024 bill passes. 

“Colorado would be joining 30 other states who currently have alcohol to-go policies, including 16 other states and the District of Columbia who have already made it permanent,” Hernandez said. “In the past four years this policy has been in law, we have seen no evidence that it has had a negative impact on public safety or other businesses.” 

Representatives from several other organizations, including the Distilled Spirits Council and Colorado Counties Inc, testified in support of the bill, as did several restaurant owners and employees. 

“Alcohol to-go sales are not just transactions, they’re the lifeline that keep our doors open, our staff employed, and our dreams alive,” said Hunter DeJoy, manager of the Cactus Flower restaurant in Pueblo. “In the wake of unprecedented challenges, including the recent pandemic, these sales have been a beacon of hope, allowing us to adapt and persevere in the face of adversity.” 

Kristen Hartman, a graduate student pursuing her Master’s Degree in Public Policy at University of Colorado, spoke against the bill in its current form and sought to secure several changes. Hartman raised worries about the rising rates of alcohol abuse in the state, highlighting that alcohol-related deaths have now surpassed overdose deaths in Colorado. 

“I believe there is a bigger opportunity here that with a few little amendments could be even more amazing than it already is and could help stakeholders, including many of those struggling with alcohol addiction and their families,” she said.

First, she recommended including a correlation study into the bill to determine whether the increase in alcohol-related deaths is at all related to the expansion of alcohol delivery and takeout services.

“You might want to know if the bill is contributing [to deaths] or not before putting it into perpetuity,” she said.

Second, Hartman suggested increasing the alcohol delivery and takeout permit fee from $11 to $111, with adjustments for inflation every five years. Under the change, the state would still generate $26,000 in revenue, but the additional $250,000 accrued from the fee increase would  be allocated to housing and addiction healthcare resources. 

“This allows the industry to step up and take more active responsibility for a crisis that they are contributors and beneficiaries of,” she said. 

During questioning, Sen. Tom Sullivan, D- Centennial, recommended that Hartman speak with the Senate sponsors of the bill about the changes and attend the bill’s second reading before the Senate Committee of the Whole.

The bill passed unanimously and advanced to the Finance Committee. 

The bill is sponsored by Sen. Dylan Roberts, D- Frisco, and Reps William Lindstedt, D- Broomfield, and Rose Pugliese, R- Colorado Springs.