§ 6-8. Illegal possession or consumption of ethyl alcohol by an underage person.

(a)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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.

Ethyl alcohol means any substance which is or contains ethyl alcohol.

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 has ethyl alcohol within his or her immediate presence and control.

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. The words "private property" shall not include:

(1)

Any establishment which has or is required to have a license pursuant to C.R.S. title 44, art. 3, 4, or 5; or

(2)

Any establishment which sells ethyl alcohol or upon which ethyl alcohol is sold; or

(3)

Any establishment which leases, rents, or provides accommodations to members of the public generally.

(b)

Any person under 21 years of age who possesses or consumes ethyl alcohol 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.

(c)

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 21 years of age under the following circumstances:

(1)

While such person was legally upon private property with the knowledge and consent of the owner or legal possessor of such private property 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 C.R.S. § 25-5-410(1)(i)(II); 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 of ethyl alcohol by weight.

(d)

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 States Constitution.

(e)

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 21 years and possessed or consumed ethyl alcohol anywhere in this city; or

(2)

Evidence that the defendant was under the age of 21 years and manifested any of the characteristics commonly associated with ethyl alcohol intoxication or impairment while present anywhere in this city.

(f)

During any trial for a violation of any section of this chapter, 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 upon such label in determining whether the contents of the bottle, can, or other container were composed in whole or in 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," "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.

(g)

During any trial for a violation of any section of this chapter, any liquid found in any container as described in this chapter, and which in the sensory perception of the investigating agent or police officer either looks or smells like ethyl alcohol, shall be prima facie evidence that the liquid is ethyl alcohol.

(h)

A parent or legal guardian of a person under 21 years of age or any natural person who has the permission of such parent or legal guardian may give or permit the possession and consumption of ethyl alcohol to or by a person under the age of 21 years under the conditions described in subsection (c)(1) of this section. This subsection shall not be construed to permit any establishment which is or is required to be licensed pursuant to C.R.S. title 44, art. 3, 4, or 5, or any members, employees, or occupants of any such establishment to give, provide, make available, or sell ethyl alcohol to a person under 21 years of age.

( Ord. No. 4670 , § 1, 12-17-2018)