Offenses Relating to Intoxicating Drugs and Alcohol - 9.04

This Chapter shall be construed in such manner as to promote maximum fulfillment of its general purposes, namely, to define offenses, describing adequately the act which constitutes each offense relating to public peace, morals, and welfare, to give fair warning to all persons concerning the nature of the conduct prohibited, and to forbid the commission of offenses.

For the purposes of this Chapter the following terms, phrases, and their derivations shall have the meaning given herein:

1. “Alcoholic beverages” or “alcoholic liquors” mean malt, vinous, or spirituous liquors.
2. “Drug paraphernalia” means all equipment, products, and materials of any kind which are used, intended for use, or designated for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the laws of the Colorado Revised Statutes and this Code and shall further mean and include those items described in Section 18-18-426 of said Statutes.
3. “Fermented malt beverage” means any beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any similar product or any combination thereof in water, containing not less than one-half of one percent (1/2%) and not more than three and two-tenths (3.2) alcohol by weight.
4. “Malt liquors” includes beer and shall be construed to mean any beverage obtained by the alcoholic fermentation or any infusion or decoction of barley, malt, hops, or other similar product, or any combination thereof, in water containing more than three and two-tenths (3.2%) of alcohol by weight.
5. “Marihuana” or “marijuana” means all parts of the plant Cannabis Sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture, or reparation of the plant, its seeds or its resin. It does not include the mature stalks of the plant, the fiber produced from the stalks, oil or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, cake, or sterilized seed of the plant.
6. “Spirituous liquors” means any alcoholic beverage obtained by distillation ,mixed with water and other substances in solution, and includes, among other things, brandy, rum, whiskey, gin, and every liquid or solid containing alcohol which is fit for use in beverage purposes.
7. “Vinous liquors” means wine and fortified wines not exceeding twenty-one percent (21%) by volume and shall be construed to mean alcoholic beverage obtained by the fermentation of the natural sugar contents of fruits or other agricultural products containing sugar.

It is unlawful for any person:

1. To sell fermented malt beverages to any person under the age of twenty-one (21) years or to any person between the hours of twelve (12) midnight and five (5) a.m.;
2. To sell, serve, give away, dispose of, exchange, or deliver, or to permit the sale, serving, giving, or procuring of any fermented malt beverage to or for any person under the age of twenty-one (21) years, to a visibly intoxicated person, or to a known habitual drunkard. If a person who, in fact, is not twenty-one (21) years of age exhibits a fraudulent proof of age, any action relying on such fraudulent proof of age shall not constitute a violation of this provision. If a licensee or his employee has reasonable cause to believe that a person is under twenty-one (21) years of age and is exhibiting fraudulent proof of age in an attempt to obtain any fermented malt beverage, the licensee or employee shall confiscate such fraudulent proof of age, if possible, and shall, within twenty-four (24) hours after the confiscation, turn it over to the Town police department;
3. To obtain or attempt to obtain any fermented malt beverage by misrepresentation of age or by any other method in any place where fermented malt beverages are sold if such person is under twenty-one (21) years of age;
4. To have in his possession fermented malt beverages in any store, in any public place including public streets, alleys, roads, or highways, upon property owned by the Town or inside vehicles while upon the public streets, alleys, roads, or highways if such person is under twenty-one (21) years of age;
5. With knowledge, to permit or fail to prevent the use of his identification, including a driver’s license, by a person who is under twenty-one (21) years of age for the unlawful purchase of any fermented malt beverage;
6. On or after July 30, 1990, to fail to display at all times in a prominent place on premises licensed for retail sale a printed card with a minimum height of fourteen (14) inches and a width of eleven (11) inches with each letter to be a minimum of one-half (1/2) inch in height, which shall read as follows:

WARNING:

IT IS ILLEGAL TO SELL 3.2 BEER TO ANY PERSON UNDER TWENTY-ONE YEARS OF AGE, AND IT IS ILLEGAL FOR ANY PERSON UNDER TWENTY-ONE YEARS OF AGE TO POSSESS OR TO ATTEMPT TO PURCHASE THE SAME. IDENTIFICATION CARDS, WHICH APPEAR TO BE FRAUDULENT WHEN PRESENTED BY PURCHASERS, MAY BE CONFISCATED BY THE ESTABLISHMENT AND TURNED OVER TO A LAW ENFORCEMENT AGENCY. IT IS ILLEGAL IF YOU ARE TWENTY-ONE YEARS OR OLDER TO PURCHASE 3.2 BEER FOR A PERSON UNDER TWENTY-ONE YEARS OF AGE. FINES AND IMPRISONMENT MAY BE IMPOSED BY THE COURTS FOR VIOLATION OF THESE PROVISIONS.

It shall be an affirmative defence to any prosecution for violation(s) of this Chapter if a licensee, proprietor, agent or employee of the licensed establishment can establish, by a preponderance of the evidence, that he required a minor to exhibit a State operator’s license, chauffeur’s license, or identification card, prior to selling or serving fermented malt beverages to said person, and said proof of age exhibited was fraudulent.

It is unlawful for any person:

1. To sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any malt, vinous, or spirituous liquor to or for any person under the age of twenty-one (21) years, to a visibly intoxicated person, or to a known habitual drunkard;
2. To obtain or attempt to obtain malt, vinous, or spirituous liquor by- misrepresentation of age or by any other method in any place where malt, vinous, or spirituous liquor is sold when such person is under twenty-one (21) years of age;
3. To have in his possession malt, vinous, or spirituous liquor in any store, in any public place, including public streets, alleys, roads, or highways, or upon property owned by the Town or inside vehicles while upon the public streets, alleys, roads, or highways when such person is under twenty-one (21) years of age;
4. To buy any vinous or spirituous liquor from any person not licensed to sell at retail as provided by the laws of the State except as otherwise provided in this Chapter;
5. To sell at retail any malt, vinous, or spirituous liquors in sealed containers without holding a retail liquor store or liquor-licensed drugstore license issued by the State;
6. With knowledge, to permit or fail to prevent the use of his identification, including a driver’s license, by a person who is under twenty-one (21) years of age, for the unlawful purchase of any malt, vinous, or spirituous liquor;
7. For any person licensed pursuant to the laws of the State to sell at retail, to sell malt, vinous, or spirituous liquors to any person under the age of twenty-one (21) years, to a habitual drunkard, or to a visibly intoxicated person, or to permit any malt or vinous liquors to be sold or dispensed by a person under eighteen (18) years of age, or spirituous liquors to be sold or dispensed by a person under twenty-one (21) years of age, or to permit any such person to participate in the sale or dispensing thereof. If a licensee or his employee has reasonable cause to believe that a person is under twenty-one (21) years of age and is exhibiting fraudulent proof of age in an attempt to obtain any malt liquors, vinous liquors, or spirituous liquors, as defined in this article, the licensee or employee shall confiscate such fraudulent proof of age, if possible, and shall, within twenty-four (24) hours after the confiscation, turn it over to a local law enforcement agency;
8. To fail to display at all times in a prominent place a printed card with a minimum height of fourteen (14) inches and a width of eleven (11) inches with each letter to be a minimum of one-half (1/2) inch in height, which shall read as follows:

WARNING

IT IS ILLEGAL TO SELL WHISKEY, WINE, OR BEER TO ANY PERSON UNDER TWENTY-ONE YEARS OF AGE AND IT IS ILLEGAL FOR ANY PERSON UNDER TWENTY-ONE YEARS OF AGE TO POSSESS OR TO ATTEMPT TO PURCHASE THE SAME. IDENTIFICATION CARDS WHICH APPEAR TO BE FRAUDULENT WHEN PRESENTED BY PURCHASERS MAY BE CONFISCATED BY THE ESTABLISHMENT AND TURNED OVER TO A LAW ENFORCEMENT AGENCY. IT IS ILLEGAL IF YOU ARE TWENTY-ONE YEARS OF AGE OR OLDER FOR YOU TO PURCHASE WHISKEY, WINE, OR BEER FOR A PERSON UNDER TWENTY-ONE YEARS OF AGE. FINES AND IMPRISONMENT MAY BE IMPOSED BY THE COURTS FOR VIOLATION OF THESE PROVISIONS.

It is unlawful for a minor, defined as someone under the age of twenty-one (21) years of age, to enter, visit, frequent, or be present in any establishment where fermented malt beverages or malt, vinous or spirituous liquors are sold for consumption on the premises. Nothing contained in this Chapter shall prohibit:

1.  Minors from entering or remaining in the restaurant portion of a licensed establishment for the limited purpose of consuming meals actually and regularly served; provided, however, a minor must leave the premises after consuming said meal;
2. Minors from passing through the bar portion of an establishment for the necessary ingress and egress to and from restrooms;
3. Owners or necessary maintenance employees from being in the establishment which they own or where they work;
4. Minors, who are members of an entertainment group paid or employed by the licensee, from being present in a licensed establishment during the period of time they are actually performing.

1. It shall be unlawful for any person to intentionally, knowingly, willingly, or negligently have either in his possession or within a motor vehicle under his control, while in or upon any public street, highway, alley, sidewalk, park after eleven (11:00) p.m., elementary or secondary school building or ground, or parking area open to the public, a bottle, can or other receptacle which is open, or which has a broken seal, or the contents or which have been partially removed, and which contains any alcoholic beverage, malt vinous, or spirituous liquor, or fermented malt beverage, as defined herein.
2. Nothing in this Section shall prohibit the consumption, possession or sale of the foregoing beverages when the Town administrator has issued a permit heretofore; provided, that:
   1. Such permit shall be issued only for a designated area;
   2. Such permit shall not be issued for longer than fifteen (15) calendar days in any calendar year;
   3. The Town administrator shall have determined that the permit is necessary for conducting a public event or celebration and that adequate provision has been made for police supervision and area maintenance.

1. As required in this section, unless the context otherwise requires
   1. “Establishment” means a business, firm, enterprise, service or fraternal organization, club, institution, entity, group, or residence, and any real property, including buildings and improvements, connected therewith, and shall also include any members, employees, and occupants associated therewith;
   2. “Ethyl alcohol” means any substance, which is or contains ethyl alcohol;
   3. “Possession of ethyl alcohol” means that a person has or holds any amount of ethyl alcohol anywhere on his person, or that a person owns or has custody of ethyl alcohol, or any ethyl alcohol within his immediate presence and control;
   4. “Private property” means any dwelling and its curtilage, which is being used by a natural person, or natural persons for habitation and which is not open to the public, and privately owned real property which is not open to the public. “Private property” shall not include: (a) any establishment which has or is required to have a license pursuant to Article 46, 47, or 48 of Title 12, CRS; or (b) any establishment which sells ethyl alcohol or upon which ethyl alcohol is sold; or (c) any establishment, which leases, rents, or provided accommodations to members of the public generally.
2. Any person under twenty-one (21) years of age who possesses or consumes ethyl alcohol anywhere in the Town commits illegal possession or consumption of ethyl alcohol by an underage person.  Illegal possession or consumption of ethyl alcohol by an underage person is a strict liability offense.
3. It shall be an affirmative defense to the offense described in subsection B. of this section that the ethyl alcohol was possessed or consumed by a person under twenty-one (21) years of age under the following circumstances:
   1. While such person was legally at his place of residence and the ethyl alcohol was possessed or consumed with the consent of his parent or legal guardian who was present during such possession or consumption; or
   2. When the existence of ethyl alcohol in a person’s body was due solely to the ingestion of a confectionery which contained ethyl alcohol within the limits prescribed by section 25-5-410 (1) (i) (II), C.R.S., or the ingestion of any substance which was manufactured, designed, or intended primarily for a purpose other than oral human ingestion, or the ingestion of any substance which was manufactured, designed, or intended solely for medicinal or hygienic purposes, or solely from the ingestion of a beverage which contained less than one-half of one percent (½%) of ethyl alcohol by weight.
4. The possession or consumption of ethyl alcohol shall not constitute a violation of this section if such possession or consumption takes place for religious purposes protected by the first amendment to the United State Constitution.
5. Prima facie evidence of a violation of subsection B. of this section shall consist of: (1) evidence that the defendant was under the age of twenty-one years (21) and possessed or consumed ethyl alcohol anywhere in this town, or; (2) evidence that the defendant was under the age of twenty-one (21) years and manifested any of the characteristics commonly associated with ethyl alcohol intoxication or impairment while present anywhere in this Town.
6. During any trial for a violation of subsection B. of this Section, any bottle, can, or any other container with labeling indicating the contents of such bottle, can, or container shall be admissible into evidence, and the information contained on any label on such bottle, can, or other container shall be admissible into evidence and shall not constitute hearsay. A jury or a judge, whichever is appropriate, may consider the information on such label in determining whether the contents of the bottle, can, or other container were composed in whole or part of ethyl alcohol. A label which identifies the contents of any bottle, can, or other container as “beer”, "ale", “malt beverage”, “fermented malt beverage”, “malt liquor”, “wine”, “champagne”, “whiskey” or “whisky”, “gin”, “vodka”, “tequila”, schnapps’’, “brandy”, “cognac’s, “liqueur”, “cordial”, “alcohol”, or “liquor” shall constitute prima facie evidence that the contents of the bottle, can, or other container was composed in whole or in part of ethyl alcohol.
7. A parent or legal guardian of a person under twenty-one (21) years of age may give or permit the possession and consumption of ethyl alcohol to or by a person described in paragraph (1) of subsection C. of this section. This section G. shall not be construed to permit any establishment, which is or required to be licensed pursuant to Article 46, 47, or 48 of Title 12, C.R.S., or any members, employees, or occupants of any such establishment to give, provide, make available, or sell ethyl alcohol to a person under twenty-one (21) years of age.
8. Nothing in this section shall be construed to limit or preclude prosecution for any offense pursuant to Article 46, 47, or 48 of Title 12, C.R.S., except as provided in such articles.
9. The qualitative result of an alcohol test or tests shall be admissible at the trial of any person charged with a violation of subsection B. of this Section upon a showing that the device or devices used to conduct such test or tests have been approved as accurate in detecting alcohol by the executive director of the department of health.
10. Official records of the department of health relating to the certification of breath test instruments, certification of operators, and operator instructors of breath test instruments, certification of standard solutions, certification of laboratories shall be official records of the State. Copies of such records, attested by the executive director of the department of health or his deputy and accompanied by a certificate bearing the official seal for said department, which state that the executive director of the department has custody of said records, shall be admissible in all courts of records and shall constitute prima facie evidence of the information contained in such records. The official seal of the department described in this subsection J. may consist of a rubber stamp producing a facsimile of the seal stamped upon the document.
11. In any judicial proceedings in the municipal court concerning a charge under subsection B. of this Section, the court shall take judicial notice of methods of testing a person’s blood, breath, saliva, or urine for the presence of alcohol and of the design and operation of devices certified by the department of health for testing a person’s blood, breath, saliva, or urine for the presence of alcohol. This subsection K. shall not prevent the necessity of establishing during a trial that the testing devices were working and properly operated. Nothing in this subsection K. shall preclude a defendant from offering evidence concerning the accuracy or testing devices.
12. No law enforcement officer shall enter upon any private property to investigate any violation of this Section without probable cause.

It shall be unlawful for any person to knowingly possess marijuana in the amount of not more than one (1) ounce of marijuana.

1. In determining whether an object is drug paraphernalia, a court, in its discretion, may consider, in addition to all other relevant factors, the following:
   1. Statements by an owner or by anyone in control of the object concerning its use;
   2. The proximity of the object to controlled substances;
   3. The existence of any residue of controlled substances on the object;
   4. Direct or circumstantial evidence of the knowledge of an owner, or of anyone in control of the object, or evidence that such person reasonably should know, that it will be delivered to persons who he knows or reasonably should know could use the object to facilitate a violation of this Section;
   5. Instructions, oral or written, provided with the object concerning its use;
   6. Descriptive materials accompanying the object, which explain or depict its use;
   7. National or local advertising concerning its use;
   8. The manner in which the object is displayed for sale;
   9. Whether the owner, or anyone in control of the object, is a supplier of like or related items to the community for legal purposes, such as an authorized distributor or dealer of tobacco products;
   10. The existence and scope of legal uses for the object in the community; and
   11. Expert testimony concerning its use.
2. In the event a case brought pursuant to this Section is tried before a jury, the court shall hold an evidentiary hearing on issues raised pursuant to this Section. Such hearing shall be conducted in camera.

It shall be unlawful for any person to possess drug paraphernalia as defined in this Chapter.

It shall be unlawful for any person to sell or deliver, possess with intent to sell or deliver, or manufacture with intent to sell or deliver equipment, products, or material knowing, or under circumstances where one reasonably should know, that such equipment, products, or materials could be used as drug paraphernalia.