As used in this article the following words have the following meanings:

BUSINESS: Has the meaning provided in section 4-1-2 of this code, but such term also includes any private club or membership club of any kind, regardless of how created, organized or denominated.

EMERGENCY DRUG OVERDOSE: An acute condition including, but not limited to, physical illness, coma, mania, hysteria, or death resulting from the consumption or use of a controlled substance, or another substance with which a controlled substance was combined, and that a layperson would reasonably believe to be a drug overdose that requires medical assistance.

FIRST OFFENSE: The person has not had a previous conviction, deferred prosecution, or deferred judgment for a violation of the same section of this article.

MARIJUANA: Includes all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative mixture, or preparation of such plant, its seeds, or resin but shall not include the mature stalks of such plant, fiber produced from its stalk, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of its mature stalks, except the resin extracted therefrom, fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.

MARIJUANA CONCENTRATE: Hashish, tetrahydrocannabinols or any alkaloid, salt, derivative, preparation, compound or mixture, whether natural or synthesized, or tetrahydrocannabinols.

MARIJUANA CONSUMPTION ESTABLISHMENT: A business that is open to the general public and permits the burning, smoking, inhaling the vapors of, or otherwise consuming marijuana in any form on the premises of the business, even if: a) admission requires the payment of a charge, admission fee, entry fee, membership fee, or other monetary charge or payment of any kind, or b) an entry fee, membership fee, or other monetary charge of any kind is suggested, recommended, or accepted by the operator of the business prior to admission.

MARIJUANA PRODUCT: Concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.

MOTOR VEHICLE: Has the meaning provided in the town's Traffic Code adopted in title 7, chapter 1 of this Code.

OPEN MARIJUANA CONTAINER: A receptacle or marijuana accessory as defined in section 16(2)(g) of article XVIII of the Colorado Constitution that contains any amount of marijuana and: a) that is open or has a broken seal; b) the contents of which are partially removed; or c) there is evidence that marijuana has been consumed within the interior of the motor vehicle.

OPENLY AND PUBLICLY: The commission of an unlawful act as described in section 6-3I-2 or 6-3I-4 of this article in any of the following places: a) any land or area owned or controlled by the town, such as public ways, streets, sidewalks, alleys, parking lots, or playgrounds, b) public grounds or other outdoor areas owned and operated by any governmental entity other than the town, c) the common areas of buildings usually open to the general public, d) any other outdoor area open to the general public, which includes a place to which the public or a substantial number of the public have access without restriction, including, without limitation, the exterior areas of buildings and facilities that are generally open or accessible to members of the public without restriction.

OUTDOOR AREA: Any area or place outside of a building or other structure.

OWNER: A sole proprietor if the business is operated as a proprietorship; the owner of the most shares if the business is operated as a corporation; the owner of the largest ownership interest in a limited liability company; a general partner if the business is operated as a general partnership; the general partner if the business is operated as a limited partnership; or the owner of the largest ownership interest in the business if the business is operated in any other form of business entity. If a business has more than one person who meets the definition of "owner", the term "owner" applies to all such persons.

SECOND OFFENSE: An offense after the person is subject to a first offense.

SINGLE-FAMILY RESIDENTIAL UNIT: Has the meaning provided in section 9-1-5 of this Code.

SUBSEQUENT OFFENSE: An offense after the person is subject to a third offense.

THIRD OFFENSE: An offense after the person is subject to a second offense. (Ord. 40, Series 2013; amd. Ord. 38, Series 2015)