Ordinance 2017-1731 - Laserfiche WebLink

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1. To have possession of or to consume any ethyl alcohol or alcohol beverage in any and all places, including but not limited to public streets, alleys, roads or highways, or inside vehicles while uponpublic streets, alleys, roads or highways, or on private property. 2. To obtain or attempt to obtain alcohol beverages by misrepresentation of age or by any other method in any place where alcohol beverages are sold. B. A violation of any provision of subsection A of this section shall be a strict liability offense. It shall be an affirmative defense to the offenses described in subsection A above that the ethyl alcohol was possessed or consumed by a person under twenty-one (21) years of age under the following circumstances: 1. The 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 or her parent or legal guardian who was present during such possession or consumption. This subsection shall not be construed to permit any establishment which is licensed oris 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; 2. 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 (%Z) of one (1) percent of ethyl alcohol by weight; 3. The_person was a student who tasted but did not imbibe an alcohol beverage only while under the direct supervision of an instructor. Such instructor must have been at least twenty-one (21) years of age and employed by_a post -secondary school. Such student shall have been enrolled in a university or a post- secondary school accredited or certified by anagency recognized by the United States department of education, or a nationally recognized accrediting agency or association, or the "Private Ordinance No, 1731, Series 2017 Page 3 of 9