Coldbreak Brewing Giveaway - Open to All!

Home Brew Forums > Home Brewing Beer > Beginners Beer Brewing Forum > Having beer on tap in Colorado??
Reply
 
Thread Tools
Old 01-20-2010, 07:13 AM   #1
Tilldeath
Feedback Score: 0 reviews
Recipes 
 
Join Date: Oct 2009
Location: Colorado
Posts: 425
Liked 2 Times on 2 Posts

Default Having beer on tap in Colorado??

So I just began kegging and was wondering a few things about colorado law. I lloked up liquor laws but couldn't find anything related. Here's my questions.... Can I take a keg of beer to a park/soccer field for say the 4th of July and allow all persons over 21 to drink from it? Along those same lines can I have beer bottles at something like this? I know it will vary from state to state and I know some places only allow cans vs glass. To my understanding though it is against the law to have open alcohol containers everywhere except vegas right??? Any advice is appreciated.


__________________
“If we will disbelieve everything, because we cannot certainly know all things, we shall do much what as wisely as he who would not use his legs, but sit still and perish, because he had no wings to fly.”
Tilldeath is offline
 
Reply With Quote
Old 01-20-2010, 07:39 AM   #2
GateTwelve
Feedback Score: 0 reviews
Recipes 
 
Join Date: Jan 2010
Location: Minot, ND
Posts: 49
Default

There probably isn't a state provision. It's likely up to your local city ordinance or park regulations. I know in my state (ND), open alcohol containers are fine everywhere (the lakes, middle of fields...that about covers what's in ND). However, the city ordinance for my city prohibits drinking in any public area, or any private place that is considered "generally public" (such as Walmart, the mall, etc). There is an additional ordinance put in place by the Parks Department barring alcohol from any park.

So, in short, if your state laws don't mention anything, be sure to check local ordinances - they are more than likely the ones that will take an issue with open containers.


GateTwelve is offline
 
Reply With Quote
Old 01-20-2010, 07:45 AM   #3
jppostKW
Feedback Score: 0 reviews
Recipes 
 
Join Date: Jan 2009
Location: Englewood CO
Posts: 1,814
Liked 11 Times on 11 Posts
Likes Given: 4

Default

+1 Depends on where you are if your in a park in downtown it will be frowned upon, where if you were in BFE somewhere no one cares. look up local laws but I know you can tail gate with um!!!!!
__________________
Diesel Fuel Brewery

Quote:
Originally Posted by paulthenurse View Post
It would be the brewing equivalent of painting the Sistine Chapel with Crayola Crayons.
Quote:
Originally Posted by Stuntman View Post
You sir, are a specialist in the art of discovering a welcoming outcome of a particular situation....not a mechanic.
jppostKW is offline
 
Reply With Quote
Old 01-20-2010, 09:30 AM   #4
Tilldeath
Feedback Score: 0 reviews
Recipes 
 
Join Date: Oct 2009
Location: Colorado
Posts: 425
Liked 2 Times on 2 Posts

Default

thanks a ton guys, so then could I just swing by my local city hall and ask them???
__________________
“If we will disbelieve everything, because we cannot certainly know all things, we shall do much what as wisely as he who would not use his legs, but sit still and perish, because he had no wings to fly.”
Tilldeath is offline
 
Reply With Quote
Old 01-20-2010, 11:48 AM   #5
RogueVassar
Feedback Score: 0 reviews
Recipes 
 
Join Date: Nov 2009
Location: Northfield, Minnesota
Posts: 162
Liked 1 Times on 1 Posts
Likes Given: 2

Default

I know Colorado Springs has open container laws. That's why all the restaurants that serve alcohol outside have some sort of gate or fence along the sidewalk.
RogueVassar is offline
 
Reply With Quote
Old 01-20-2010, 03:06 PM   #6
brewmonk
Feedback Score: 0 reviews
Recipes 
 
Join Date: Apr 2009
Location: Sharon,MA
Posts: 1,123
Liked 14 Times on 14 Posts
Likes Given: 84

Default

call your police department, and ask them how they will handle the situation.
__________________
-I'm not getting older, but the floor is getting further away.
brewmonk is offline
 
Reply With Quote
Old 01-20-2010, 04:27 PM   #7
Wayne1
HBT_SUPPORTER.png
Feedback Score: 0 reviews
 
Wayne1's Avatar
Recipes 
 
Join Date: Mar 2008
Location: Littleton, Colorado
Posts: 1,084
Liked 85 Times on 53 Posts
Likes Given: 9

Default

It all depends on the park rules. There is no law that covers the entire state. It changes from park to park, town to town, district to district.

Overall, I would say that most will not allow glass or bottles. Some parks will allow 3.2% beer (how they determine alcohol content is something I don't know)

Here in the southwest surburbs, Clement Park will allow 3.2% beer in cans, kegs and plastic bottles. A local brewclub does have a party every year with it's members bringing kegs.

My wife's workplace also has a summer cookout at the park with a keg present. Neither has ever been hassled about checking the alcohol content of the kegs. As long as no open container leaves the park grounds, you should be okay.

Again, this does change from park to park. Check with whatever entity administers the park you wish to bring beer to.
Wayne1 is offline
 
Reply With Quote
Old 01-20-2010, 07:48 PM   #8
GearJammer
Feedback Score: 0 reviews
Recipes 
 
Join Date: Sep 2009
Location: Arvada, Colorado
Posts: 51
Liked 2 Times on 1 Posts

Default

To the OP, I looked up this very thing last year. I wanted to know if I could drink my own beer anywhere outside my home, or even bring a few bottles or a keg to a party. In short, the answer is NO! I gather from the laws that home brew is for consuming in your home, with your family and guests. I believe that goes federally and for Colorado, since homebrew is tax exempt (up to 200 gallons/per 2 person household per year). Basically, if you bring your homebrew outside of your house, you have to be going to a homebrew competition, and the only people that can drink your beer have to be particpants and judges. Oh, and the serving sizes can't exceed six ounces. Obviously, all that is burdensome, and I doubt that many follow the confines of the law. I bring homebrew to parties all the time; and unless the police have probable cause to believe I'm serving untaxed beer at someone's house, and get a warrant, they'll leave it be.

What I would do is leave the keg at home, and fill a growler or bottles with labels on it, so it at least looks like you're drinking/serving taxed beer. I know in Washington Park in Denver the cops don't care if you drink beer openly, out of a keg or cans. Bottles aren't permitted but they're probably only going to bust you if you're falling down drunk, or the cop is being a douche.

---------------
Applicable Statutory Material:
Colorado Revised Statues § 12-47-103. Definitions

As used in this article, unless the context otherwise requires:

(1.5) "Alcoholic beverages" or "alcoholic liquors" means malt, vinous, or spirituous liquors; except that "alcoholic beverages" and "alcoholic liquors" shall not include confectionery containing alcohol within the limits prescribed by section 25-5-410(1)(i)(II), C.R.S.

(11) "Malt liquors" includes beer and shall be construed to mean any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof, in water containing more than three and two-tenths percent of alcohol by weight.

§ 12-47-142. Exemptions

(1) The provisions of this article shall not apply to the sale or distribution of sacramental wines sold and used for religious purposes.

(2)(a) Any provision of this article to the contrary notwithstanding, when permitted by federal law and rules and regulations promulgated pursuant thereto, a head of a family may produce for family use and not for sale such amount of malt or vinous liquor as is exempt from the federal excise tax on such liquors when produced by a head of a family for family use and not for sale.

(b) The production of malt or vinous liquors under the circumstances set forth in this subsection (2) shall be in strict conformity with federal law and rules and regulations issued pursuant thereto.

(c) Malt or vinous liquors produced pursuant to the provisions of this subsection (2) shall be exempt from any tax imposed by this article, and the producer shall not be required to obtain any license provided by this article.

(d) Malt liquors produced pursuant to this subsection (2) may be transported and delivered by the producer to any licensed premise where consumption by persons over the age of twenty-one is authorized for use at organized affairs, exhibitions, or competitions, such as home brew contests, tastings, or judgings. Consumption shall be limited solely to the participants in and judges of such events. Malt liquors used for the purposes described in this paragraph (d) shall be served in portions not exceeding six ounces and shall not be sold, offered for sale, or made available for consumption by the general public.
GearJammer is offline
 
Reply With Quote
Old 01-20-2010, 09:45 PM   #9
Tilldeath
Feedback Score: 0 reviews
Recipes 
 
Join Date: Oct 2009
Location: Colorado
Posts: 425
Liked 2 Times on 2 Posts

Default

Quote:
Originally Posted by GearJammer View Post
To the OP, I looked up this very thing last year. I wanted to know if I could drink my own beer anywhere outside my home, or even bring a few bottles or a keg to a party. In short, the answer is NO! I gather from the laws that home brew is for consuming in your home, with your family and guests. I believe that goes federally and for Colorado, since homebrew is tax exempt (up to 200 gallons/per 2 person household per year). Basically, if you bring your homebrew outside of your house, you have to be going to a homebrew competition, and the only people that can drink your beer have to be particpants and judges. Oh, and the serving sizes can't exceed six ounces. Obviously, all that is burdensome, and I doubt that many follow the confines of the law. I bring homebrew to parties all the time; and unless the police have probable cause to believe I'm serving untaxed beer at someone's house, and get a warrant, they'll leave it be.

What I would do is leave the keg at home, and fill a growler or bottles with labels on it, so it at least looks like you're drinking/serving taxed beer. I know in Washington Park in Denver the cops don't care if you drink beer openly, out of a keg or cans. Bottles aren't permitted but they're probably only going to bust you if you're falling down drunk, or the cop is being a douche.

---------------
Applicable Statutory Material:
Colorado Revised Statues § 12-47-103. Definitions

As used in this article, unless the context otherwise requires:

(1.5) "Alcoholic beverages" or "alcoholic liquors" means malt, vinous, or spirituous liquors; except that "alcoholic beverages" and "alcoholic liquors" shall not include confectionery containing alcohol within the limits prescribed by section 25-5-410(1)(i)(II), C.R.S.

(11) "Malt liquors" includes beer and shall be construed to mean any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof, in water containing more than three and two-tenths percent of alcohol by weight.

§ 12-47-142. Exemptions

(1) The provisions of this article shall not apply to the sale or distribution of sacramental wines sold and used for religious purposes.

(2)(a) Any provision of this article to the contrary notwithstanding, when permitted by federal law and rules and regulations promulgated pursuant thereto, a head of a family may produce for family use and not for sale such amount of malt or vinous liquor as is exempt from the federal excise tax on such liquors when produced by a head of a family for family use and not for sale.

(b) The production of malt or vinous liquors under the circumstances set forth in this subsection (2) shall be in strict conformity with federal law and rules and regulations issued pursuant thereto.

(c) Malt or vinous liquors produced pursuant to the provisions of this subsection (2) shall be exempt from any tax imposed by this article, and the producer shall not be required to obtain any license provided by this article.

(d) Malt liquors produced pursuant to this subsection (2) may be transported and delivered by the producer to any licensed premise where consumption by persons over the age of twenty-one is authorized for use at organized affairs, exhibitions, or competitions, such as home brew contests, tastings, or judgings. Consumption shall be limited solely to the participants in and judges of such events. Malt liquors used for the purposes described in this paragraph (d) shall be served in portions not exceeding six ounces and shall not be sold, offered for sale, or made available for consumption by the general public.
First off you're awesome, thanks a ton. Second is where you at in Arvada? I live right by Arvada west maybe we can do some homebrew swap or something?
__________________
“If we will disbelieve everything, because we cannot certainly know all things, we shall do much what as wisely as he who would not use his legs, but sit still and perish, because he had no wings to fly.”
Tilldeath is offline
 
Reply With Quote
Old 01-20-2010, 10:36 PM   #10
GearJammer
Feedback Score: 0 reviews
Recipes 
 
Join Date: Sep 2009
Location: Arvada, Colorado
Posts: 51
Liked 2 Times on 1 Posts

Default

PM Sent.......


GearJammer is offline
 
Reply With Quote
Reply


Thread Tools


Similar Threads
Thread Thread Starter Forum Replies Last Post
Man Beer in Colorado Damsie101 Commercial Brew Discussion 3 05-28-2009 07:51 PM
Hop and beer press Colorado Hopfarmer Hops Growing 2 03-07-2009 07:45 PM
COLORADO, Colorado Springs NOOB Mr.TC Introductions 4 03-09-2008 12:32 PM
Colorado Beer? Zar Commercial Brew Discussion 15 01-23-2008 03:47 PM
Colorado: Home of Beer! ColoradoXJ13 General Beer Discussion 2 09-28-2007 10:19 PM


Forum Jump

Newest Threads

LATEST SPONSOR DEALS