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If a restaurant allows customer to bring their own alcohol…

If a restaurant allows customer...
If a restaurant allows customer to bring their own alcohol and consume it on restaurants premisses would that fall under
sold, served, or furnished definitions of the law
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Answered in 14 minutes by:
1/17/2018
Lucy, Esq.
Lucy, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

It is illegal for a restaurant with a liquor license to allow customers to bring their own alcohol onto the premises. It's also illegal for a customer to bring alcohol into a place without a liquor license because of laws that prohibit public consumption (unless you happen to live in a place where local ordinance allows this). I mention that because a person or business who has violated a law in a situation where someone is injured could be found liable under principles of negligence per se. And could potentially face criminal penalties for aiding disorderly conduct or public consumption.

Going back to your original question, when someone brings their own alcohol into a place of business, the business cannot be said to have sold or furnished the beverage. They could be found to have served it if they're uncorking and pouring drinks into glasses. Uncorking alone could also be considering to have furnished, because they're giving the customer what is needed to consume the beverage (i.e., removing the cork or bottle cap).

If you have any questions or concerns, please reply WITHOUT RATING so I may address them. My goal is to provide you with excellent service. Otherwise, please rate my answer positively so I get credit for the time spent speaking with you today. Mobile users may have to scroll to the right. Thank you.

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Customer reply replied 7 months ago
Do you know the specific Colorado law that makes it illegal for restaurants to allow customers to bring their own alcohol

The easiest place to view it is on the Colorado Department of Revenue's website.

https://www.colorado.gov/pacific/enforcement/liquor-frequently-asked-questions

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Customer reply replied 7 months ago
Ok, I see it but i was looking for a specific Statute or Rule number , I would appreaciate if you can find it

The various types of liquor license are here, starting at page 22. There isn't any sort of limited license that would allow people to consume alcohol beverages on the premises of a restaurant that doesn't sell them.

https://www.colorado.gov/pacific/sites/default/files/Liquor Code 2013_0.pdf

Colorado's codes are not easily searchable. They can also be pretty dense. The best way for a lay person to review a comprehensive overview of the law IS on the appropriate state website. I've been searching for it for the past 10 minutes, but it's not set up well.

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Here it is. Subsection H.

https://law.justia.com/codes/colorado/2016/title-12/general-continued/article-47/part-9/section-12-47-901/

Please rate my service positively, as this is the only way that I get paid for the time spent answering your questions. Mobile users may have to scroll to the right. Thank you.

Lucy, Esq.
Lucy, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified
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