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Colorado Proposition 126, Alcohol Delivery Service Initiative (2022)
Colorado Proposition 126 | |
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Election date November 8, 2022 | |
Topic Alcohol and Business regulation | |
Status![]() | |
Type State statute | Origin Citizens |
Colorado Proposition 126, the Alcohol Delivery Service Initiative, was on the ballot in Colorado as an initiated state statute on November 8, 2022. The measure was defeated.
A "yes" vote supported:
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A "no" vote opposed the initiative, thereby maintaining current law that allows alcohol delivery by liquor retailer employees only and maintaining current law that ends the takeout and delivery of alcohol by bars and restaurants on July 1, 2025. |
Election results
Colorado Proposition 126 |
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Result | Votes | Percentage | ||
Yes | 1,183,059 | 48.86% | ||
1,238,074 | 51.14% |
Overview
What would Proposition 126 have done?
- See also: Text of measure
Proposition 126 would have allowed alcohol retailers and liquor-licensed businesses, such as grocery stores, convenience stores, liquor stores, bars, and restaurants, to offer third-party delivery services for alcohol deliveries beginning March 1, 2023. Going into the election, retailers are allowed to deliver alcohol using a store-owned vehicle by an employee who is at least 21 years old. Alcohol delivery has been allowed by liquor stores since 1994, by wineries since 1997, and by grocery and convenience stores since 2019.[1][2]
In 2020, Colorado allowed takeout and delivery of alcohol by bars and restaurants, with that law set to automatically repeal on July 1, 2025. Proposition 126 was designed to permanently allow bars and restaurants to offer alcohol takeout and delivery.[1][2]
What did supporters and opponents say about Proposition 126?
- See also: Support and Opposition
Daniel Ramirez, Colorado Restaurant Association chairman and co-owner of the Los Dos Potrillos restaurants, said, "At the beginning of the pandemic, alcohol to-go really helped our business through additional sales, but it also allowed us to provide for our customers where they were: in their homes. If third-party delivery companies can deliver alcohol with our food, that helps us continue providing deeper hospitality to our customers who wish to have their food delivered."[3]
Keeping Colorado Local, a campaign opposing Proposition 126 and the two other alcohol initiatives on the 2022 ballot, said, "Proposition 126 would allow unlicensed companies and people to deliver alcohol. Gig workers acting as independent contractors for tech companies would be able to deliver alcohol without going through the review and training currently required for alcohol licensees to deliver alcohol."[4]
Who was behind the campaigns surrounding the three Colorado alcohol initiatives?
- See also: Campaign finance and Background
Three initiatives concerning alcohol were on the 2022 ballot in Colorado.
Proposition 124, which was defeated, would have increased the number of retail liquor store licenses an individual or entity could hold. Coloradans for Consumer Choice and Retail Fairness, the campaign behind Proposition 124, raised $13.79 million and had the support of Colorado Fine Wines & Spirits LLC, U.S. Rep. David Trone (D-Maryland), and his brother who co-owns Total Wine with him, Robert Trone.[5]
Proposition 125, which was approved, allowed grocery and convenience stores to sell wine. Proposition 126, which was defeated, would have allowed for third-party delivery of alcohol. Wine in Grocery Stores, the campaign supporting both Propositions 125 and 126, raised $14.59 million. Top donors included DoorDash, InstaCart, Target, Albertsons Safeway, and Kroger. Fair Delivery for All Small Businesses registered to support Proposition 126. The committee reported no contributions and $8,019 in expenditures.[5]
Keeping Colorado Local led the campaign in opposition to all three alcohol initiatives. The committee raised $903,220. Donors to the opposition campaign included the Colorado Licensed Beverage Association and local Colorado liquor store Hazel's Beverage World.[5]
Path 2 Zero registered to support Propositions 121, 124, 125, 126, and Amendment E; and registered to oppose Propositions 123, GG, FF, and Amendment F. It is impossible to distinguish between funds spent on each individual measure. The committee reported $10,430.70 in in-kind contributions from Independence Institute.[6]
Measure design
Proposition 126 would have allowed alcohol retailers and liquor-licensed businesses, such as grocery stores, convenience stores, liquor stores, bars, and restaurants, to offer third-party delivery services for alcohol deliveries beginning March 1, 2023.[1][2][7]
Entities could have applied to the State Licensing Authority for a delivery service permit. Applicants would have needed to provide a sample contract the applicant intends to enter into with a licensed retailer; an outline of a certification program for delivery service personnel or contractors addressing identifying underage persons, intoxicated persons, or fake identification; and proof of a general liability insurance policy of at least $1 million per occurrence.[7]
When making deliveries, delivery service personnel would have needed to verify that the recipient is 21 years old or older.[7]
In 2020, Colorado allowed takeout and delivery of alcohol by bars and restaurants, with that law set to automatically repeal on July 1, 2025. Proposition 126 would have permanently allowed bars and restaurants to offer alcohol takeout and delivery.[7][2]
Text of measure
Ballot title
The ballot title for the measure was as follows:
“ | Shall there be a change to the Colorado Revised Statutes concerning authorization for the third-party delivery of alcohol beverages, and, in connection therewith, allowing retail establishments licensed to sell alcohol beverages for on-site or off-site consumption to deliver all types of alcohol beverages to a person twenty-one years of age or older through a third-party delivery service that obtains a delivery service permit; prohibiting the delivery of alcohol beverages to a person who is under 21 years of age, is intoxicated, or fails to provide proof of identification; removing the limit on the percentage of gross sales revenues a licensee may receive from alcohol beverage deliveries; and allowing a technology services company, without obtaining a third-party delivery service permit, to provide software or a digital network application that connects consumers and licensed retailers for the delivery of alcohol beverages? | ” |
Full text
The full text of the initiative is below:[7]
Readability score
- See also: Ballot measure readability scores, 2022
Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state board wrote the ballot language for this measure.
The FKGL for the ballot title is grade level 26, and the FRE is -9. The word count for the ballot title is 144.
Support
Wine in Grocery Stores led the campaign in support of the initiative. The campaign provided a full list of endorsements, which is available here. A list of restaurants endorsing Proposition 126 can be found here.
Supporters
Corporations
Organizations
- Aurora Chamber of Commerce
- Colorado Chamber of Commerce
- Colorado Restaurant Association
- Grand Junction Chamber of Commerce
- Hispanic Restaurant Association
- NAACP Rocky Mountain State Area Conference
- Pro 15
Arguments
Official arguments
The following is the argument in support of the measure found in the Colorado Blue Book:[9]
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Opposition
Keeping Colorado Local led the campaign in opposition to the initiative.[10]
Opponents
Organizations
Arguments
Official arguments
The following is the argument in opposition to the measure found in the Colorado Blue Book:[11]
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Media editorials
- See also: 2022 ballot measure media endorsements
Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.
Support
Opposition
You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.
Campaign finance
Wine in Grocery Stores registered as an issue committee to support the Grocery and Convenience Store Wine Sales Initiative and Alcohol Delivery Initiative. The committee reported $14.59 million in contributions. It is impossible to determine, of the total funds, how much was spent on each initiative specifically.[5]
Fair Delivery for all Small Businesses registered to support Proposition 126 and reported $8,019 in contributions and $8,019 in expenditures.[5]
Path 2 Zero registered to support Propositions 121, 124, 125, 126, and Amendment E; and registered to oppose Propositions 123, GG, FF, and Amendment F. It is impossible to distinguish between funds spent on each individual measure. The committee reported $10,430.70 in in-kind contributions from Independence Institute.[12]
Keeping Colorado Local registered to oppose the Grocery and Convenience Store Wine Sales Initiative, Alcohol Delivery Initiative, as well as the Retail Liquor Store Licenses Initiative. The committee has raised $903,220. It is impossible to determine, of the total funds, how much was spent on each initiative specifically.[5]
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
---|---|---|---|---|---|
Support | $14,119,342.95 | $488,514.84 | $14,607,857.79 | $14,075,886.45 | $14,564,401.29 |
Oppose | $807,436.24 | $95,784.10 | $903,220.34 | $807,436.24 | $903,220.34 |
Total | $14,926,779.19 | $584,298.94 | $15,511,078.13 | $14,883,322.69 | $15,467,621.63 |
Support
The following table includes contribution and expenditure totals for the committees in support of the initiative.[5]
Committees in support of Proposition 126 | |||||
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Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
Wine in Grocery Stores | $14,111,323.75 | $478,084.14 | $14,589,407.89 | $14,067,867.25 | $14,545,951.39 |
Path 2 Zero | $0.00 | $10,430.70 | $10,430.70 | $0.00 | $10,430.70 |
Fair Delivery for all Small Businesses | $8,019.20 | $0.00 | $8,019.20 | $8,019.20 | $8,019.20 |
Total | $14,119,342.95 | $488,514.84 | $14,607,857.79 | $14,075,886.45 | $14,564,401.29 |
Donors
The following were the top donors to the support committees:[5]
Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
---|---|---|---|
InstaCart | $4,663,487.00 | $103,297.19 | $4,766,784.19 |
DoorDash | $3,268,487.00 | $359,382.40 | $3,627,869.40 |
Whole Foods Market | $1,703,635.00 | $240.00 | $1,703,875.00 |
Albertsons Safeway | $1,623,635.00 | $2,470.97 | $1,626,105.97 |
Kroger | $1,277,344.65 | $2,656.22 | $1,280,000.87 |
Opposition
The following table includes contribution and expenditure totals for the committees in opposition to the measure.[5]
Committees in opposition to Proposition 126 | |||||
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Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
Keeping Colorado Local | $807,436.24 | $95,784.10 | $903,220.34 | $807,436.24 | $903,220.34 |
Total | $807,436.24 | $95,784.10 | $903,220.34 | $807,436.24 | $903,220.34 |
Donors
The following were the top donors who contributed to the opposition committees.[5]
Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
---|---|---|---|
Hazel's Beverage World | $200,000.00 | $0.00 | $200,000.00 |
Wyatt's JV, LLC | $115,000.00 | $5,340.50 | $120,340.50 |
Colorado Licensed Beverage Association | $26,725.00 | $77,616.00 | $104,341.00 |
Notable Investments, LLC | $100,000.00 | $0.00 | $100,000.00 |
Wilbur's JV, LLC | $100,000.00 | $0.00 | $100,000.00 |
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Background
Colorado liquor licenses and regulations
The Colorado Liquor Enforcement Division of the Department of Revenue oversees Colorado liquor licensing and compliance with state liquor laws. The state licensing authority is responsible for processing liquor licenses and determining rules for regulating the manufacture, distribution, and sale of alcohol.[13]
As of 2022, Colorado had three types of alcohol licenses:[14]
License type | Description | Current number of licensees | Location limits per licensee |
---|---|---|---|
Retail Liquor Store (RLS) | Retail stores selling all types of alcohol | 1,592 | 3 |
Liquor-Licensed Drugstore (LLD) | Pharmacies selling all types of alcohol | 26 | 8 |
Fermented Malt Beverage Retailer (FMB) | Grocery and convenience stores selling beer and other fermented malt beverages such as hard seltzers | 1,819 | Unlimited |
Tasting regulations: RLSs and LLDs are allowed to offer tastings on the premises if approved by the local government and the local licensing authority.[14]
Distancing requirements: New RLS locations may not be within 1,500 feet of another RLS or LLD (or within 3,000 feet of another RLS or LLD if in a city with a population of 10,000 or fewer). New LLD locations may not be within 1,500 feet of another RLS (or within 3,000 feet of another RLS if in a city with a population of 10,000 or fewer). New LLD licensees must buy out two retail liquor stores and all stores within a 1,500 feet radius.[14][2]
Delivery regulations: Retailers are allowed to deliver alcohol using a store-owned vehicle by an employee who is at least 21 years old. Alcohol delivery has been allowed by liquor stores since 1994, by wineries since 1997, and by grocery and convenience stores since 2019. In 2020, Colorado provided for the takeout and delivery of alcohol by bars and restaurants between the hours of 7 a.m. and midnight. Colorado House Bill 1027 of 2021 provided for the law to automatically repeal in July 2025.[14][2]
Alcohol on the ballot, 2022
Three initiatives related to alcohol were certified for the 2022 ballot in Colorado. One initiative was certified for the 2022 ballot in Massachusetts.
Year | Measure | Description | Outcome |
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2022 | Colorado Retail Liquor Store Licenses Initiative | Incrementally increases the number of retail liquor store licenses an individual may own or hold a share in | |
2022 | Colorado Grocery and Convenience Store Wine Sales Initiative | Creates a new fermented malt beverage and wine retailer license to allow grocery stores, convenience stores, and other businesses that are licensed to sell beer to also sell wine and conduct wine tastings | |
2022 | Colorado Alcohol Delivery Service Initiative | Allows retail establishments licensed to sell alcohol for off-site consumption to offer a delivery service or provide for a third-party alcohol delivery service | |
2022 | Massachusetts Changes to Alcohol Retail Licensing Initiative | Incrementally increase the statewide limit on the combined number of retail alcohol licenses an establishment can have, including licenses for all alcoholic beverages and for wine and beer; prohibit self-checkout sales of alcohol; other changes |
Colorado statewide ballot measures during even-numbered election years, 2000-2020
A total of 105 measures appeared on the statewide ballot in Colorado during even-numbered election years in the 20-year period between 2000 through 2020. Of the 105 measures, 48 were approved (45.71%) and 57 were defeated (54.29%). From 2000 through 2020, the number of measures on the even-year ballot ranged from three to 14.
Colorado statewide ballot measures during even-numbered election years, 2000-2020 | |||||||||
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Years | Total number | Approved | Percent approved | Defeated | Percent defeated | Annual average | Annual median | Annual minimum | Annual maximum |
2000-2020 | 105 | 48 | 45.71% | 57 | 54.29% | 10 | 10 | 3 | 14 |
Path to the ballot
The state process
In Colorado, the number of signatures required to qualify an initiated state statute for the ballot is equal to 5 percent of the total number of votes cast for the office of Colorado secretary of state in the preceding general election. State law provides that petitioners have six months to collect signatures after the ballot language and title are finalized. State statutes require a completed signature petition to be filed three months and three weeks before the election at which the measure would appear on the ballot. The Constitution, however, states that the petition must be filed three months before the election at which the measure would appear. The secretary of state generally lists a date that is three months before the election as the filing deadline.
The requirements to get an initiated state statute certified for the 2022 ballot:
- Signatures: 124,632 valid signatures
- Deadline: August 8, 2022
The secretary of state is responsible for signature verification. Verification is conducted through a review of petitions regarding correct form and then a 5 percent random sampling verification. If the sampling projects between 90 percent and 110 percent of required valid signatures, a full check of all signatures is required. If the sampling projects more than 110 percent of the required signatures, the initiative is certified. If less than 90 percent, the initiative fails.
Details about this initiative
- Steven Ward and Levi Mendyk filed the initiative on April 8, 2022. It was approved for signature gathering on May 20, 2022, with signatures due by August 8, 2022.[1]
- Proponents submitted signatures for the measure on August 8, 2022.[1]
- On August 26, 2022, the Colorado Secretary of State announced that the initiative qualified for the ballot. Proponents submitted 185,790 signatures and 139,312 were projected to be valid.[15]
The Wine in Grocery Stores PAC, which sponsored Proposition 125 and Proposition 126, paid Scotch Strategies $50,000.00 for the purpose of signature gathering. The PAC reported $3,191,361.48 in expenditures to various entities for the purpose of consultant and professional services, which can include signature gathering expenditures. Ballotpedia could not determine whether those additional expenditures were signature-gathering costs.[16]
How to cast a vote
- See also: Voting in Colorado
Click "Show" to learn more about voter registration, identification requirements, and poll times in Colorado.
How to cast a vote in Colorado | |||||
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Poll timesIn Colorado, polls are open from 7:00 a.m. to 7:00 p.m. local time for those who choose to vote in person rather than by mail. An individual who is in line at the time polls close must be allowed to vote.[17][18] Registration requirements
In Colorado, an individual can pre-register to vote if they are at least 15 years old. Voters must be at least 18 years old to vote in any election. A voter must be a citizen of the United States and have established residence in Colorado to vote.[19] Colorado voters can register to vote through Election Day. However, in order to automatically receive a absentee/mail-in ballot, a voter must register online, through the mail, at a voter registration agency, or driver's license examination facility at least eight days prior to Election Day. A voter that registers through a voter registration drive must submit their application no later than 22 days before the election to automatically receive an absentee/mail-in ballot. A voter can register online or submit a form in person or by fax, email, or mail.[19][20][21] Automatic registration
Colorado automatically registers eligible individuals to vote through the Department of Motor Vehicles and certain other state agencies. Online registration
Colorado has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration
Colorado allows same-day voter registration for individuals who vote in person. Residency requirementsColorado law requires 22 days of residency in the state before a person may vote.[20] Verification of citizenshipColorado does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury. All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[22] Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registrationThe site Go Vote Colorado, run by the Colorado Secretary of State office, allows residents to check their voter registration status online. Voter ID requirementsColorado requires voters to present non-photo identification when voting in person. If voting by mail for the first, a voter may also need to return a photocopy of his or her identification with their mail-in ballot. Click here for more information. The following list of accepted forms of identification was current as of August 2025. Click here for the most current information, sourced directly from the Office of the Colorado Secretary of State.
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See also
External links
- Colorado Secretary of State: Initiative Filings, Agendas & Results
- Initiatives filed with the Legislative Council Staff
- Initiative 122 full text
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 Colorado Secretary of State, "2021-2022 Initiative Filings, Agendas & Results," accessed March 23, 2022
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 Colorado State Legislature, "Colorado 2022 Blue Book," accessed September 14, 2022
- ↑ Colorado Springs Gazette, "Colorado Restaurant Association backs Prop 126 for third-party alcohol delivery," accessed September 22, 2022
- ↑ Keeping Colorado Local, "Home," accessed September 22, 2022
- ↑ 5.0 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 Colorado TRACER, "Campaign finance search," accessed September 6, 2022
- ↑ Colorado TRACER, "Path 2 Zero," accessed November 1, 2022
- ↑ 7.0 7.1 7.2 7.3 7.4 Colorado Secretary of State, "Proposition 126 full text," accessed September 22, 2022
- ↑ 8.0 8.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Colorado Secretary of State, "Official Voter Information Guide," accessed October 28, 2022
- ↑ Keeping Colorado Local, "Home," accessed October 17, 2022
- ↑ Colorado Secretary of State, "Official Voter Information Guide," accessed October 28, 2022
- ↑ Colorado TRACER, "Path 2 Zero," accessed November 1, 2022
- ↑ Colorado Department of Revenue, "Liquor Enforcement Laws, Rules, Regulations," accessed August 29, 2022
- ↑ 14.0 14.1 14.2 14.3 Colorado State Legislature, "Off-Premises Retail Liquor Licensing April 2022," accessed August 29, 2022
- ↑ Colorado Secretary of State, "Initiatives #96, #121, and #122 Qualify For 2022 General Election Ballot," accessed August 29, 2022
- ↑ Colorado TRACER, "Wine in Grocery Stores," accessed October 7, 2022
- ↑ Colorado Secretary of State, "Mail-in Ballots FAQs," accessed August 6, 2025
- ↑ LexisNexis, "Colorado Revised Statutes, § 1-7-101," accessed August 6, 2025
- ↑ 19.0 19.1 Colorado Secretary of State, "Voter Registration FAQs," accessed August 6, 2025
- ↑ 20.0 20.1 Colorado Secretary of State, "Colorado Voter Registration Form," accessed August 6, 2025
- ↑ Colorado Secretary of State, "Go Vote Colorado," accessed August 6, 2025
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ Colorado Secretary of State, "Acceptable Forms of Identification," accessed August 6, 2025
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