44-4-102. Legislative declaration.

Statute text

(1) The general assembly hereby declares that it is in the public interest that fermented malt beverages and wine for consumption off the premises of the licensee, fermented malt beverages for consumption on the premises of the licensee, and fermented malt beverages for consumption both on and off the premises of the licensee shall be sold at retail only by persons licensed as provided in this title 44. The general assembly further declares that it is lawful to sell fermented malt beverages and wine at retail subject to this article 4 and applicable provisions of articles 3 and 5 of this title 44.

(2) The general assembly further recognizes that fermented malt beverages and malt liquors are separate and distinct from, and have a unique regulatory history in relation to, vinous and spirituous liquors; however, maintaining a separate regulatory framework and licensing structure for fermented malt beverages and fermented malt beverages and wine under this article 4 is no longer necessary except at the retail level. Furthermore, to aid administrative efficiency, article 3 of this title 44 applies to the regulation of fermented malt beverages and fermented malt beverages and wine, except when otherwise expressly provided for in this article 4.

History

Source: L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1067, 2, effective October 1. L. 2019: Entire section amended, (SB 19-011), ch. 1, p. 1, 1, effective January 31. Initiated 2022: Entire section amended, Proposition 125, effective March 1, 2023. See L. 2023, p. 3624.

Annotations

Editor's note: (1) This section is similar to former 12-46-102 as it existed prior to 2018.

(2) This section was amended by Proposition 125, with the proclamation of the governor on December 27, 2022. The vote count for the measure at the general election held November 8, 2022, was as follows:

FOR: 1,288,404

AGAINST: 1,200,219