ARTICLE F. OFFENSES RELATING TO ALCOHOL, CIGARETTES AND AMUSEMENT ESTABLISHMENTS
6-3F-1: DEFINITIONS:
As used in this chapter, unless the context otherwise requires:
ALCOHOLIC BEVERAGES: A "fermented malt beverage" as defined by the Colorado Beer Code 1 and "malt, vinous or spirituous liquor" as defined by the Colorado Liquor Code 2 .
CIGARETTE, TOBACCO PRODUCT, OR NICOTINE PRODUCT: Has the same meaning as provided in section 4-5-4 of this Code.
COLORADO BEER CODE: The provisions of article 4 of title 44, Colorado Revised Statutes, and the rules and regulations of the Colorado Department of Revenue promulgated thereunder.
COLORADO LIQUOR CODE: The provisions of article 3 of title 44, Colorado Revised Statutes, and the rules and regulations of the Colorado Department of Revenue promulgated thereunder.
EMPLOYEE: An employee of a licensee.
ESTABLISHMENT: 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: Any substance which is or contains ethyl alcohol.
LICENSE: A grant to a licensee to sell fermented malt beverages as provided by the Colorado Beer Code; a grant to a licensee to sell malt, vinous or spirituous liquors as provided by the Colorado Liquor Code; or a special events permit.
LICENSED PREMISES: The premises specified in an application for a license under the "Colorado Beer Code"; the "Colorado Liquor Code"; or for a special events permit, which are owned or in possession of the licensee and within which such licensee is authorized to sell, dispense or serve alcoholic beverages.
LICENSEE: The holder of a license under the Colorado Beer Code; the Colorado Liquor Code; or the holder of a special events permit.
MANAGER: The registered manager of a licensee.
MOTOR VEHICLE: A vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated exclusively on a rail or rails.
OPEN CONTAINER: A bottle, can, or other receptacle that contains any amount of alcoholic beverage and: a) that is open or has a broken seal; or b) the contents of which are partially removed.
PERSON: A natural person, partnership, association, company, corporation, or organization or a manager, agent, servant, officer or employee of any of them.
POSSESSION OF ETHYL ALCOHOL: 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 immediate presence and control.
PRIVATE PROPERTY: 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 the Colorado Beer Code, Colorado Liquor Code, or the provisions of article 5 of title 44, Colorado Revised Statutes, pertaining to special events licenses; or
B. Any establishment which sells ethyl alcohol or upon which ethyl alcohol is sold; or
C. Any establishment which leases, rents, or provides accommodations to members of the public generally.
PUBLIC ROOM: A portion of the licensed premises which is open to the public during normal business hours.
SELL OR SALE: Any of the following: to exchange, barter, or traffic in; to solicit or receive an order for except through a licensee; to keep or expose for sale; to serve with meals; to deliver for value or in any way other than gratuitously; to peddle or to possess with intent to sell; to possess in contravention of this chapter; and to traffic in for any consideration promised or obtained, directly or indirectly.
SPECIAL EVENTS PERMIT: A special permit to sell fermented malt beverages or malt, vinous or spirituous liquors issued pursuant to the provisions of article 5 of title 44, Colorado Revised Statutes, and the rules and regulations of the Colorado Department of Revenue promulgated thereunder.
UNDERAGE PERSON: A person under the age of twenty one (21) years. (Ord. 10, Series 1991; amd. Ord. 22, Series 2005; Ord. 31, Series 2006; Ord. 11, Series 2009; Ord. 25, Series 2018; Ord. 14, Series 2022)