Sec. 10-7-1    Curfew hours for minors; exceptions
Sec. 10-7-2    Responsibility of parents and guardians
Sec. 10-7-3    Possession and consumption of alcohol by persons under age twenty-one

(1)    When accompanied by a parent, guardian or other person having legal care or custody of such minor; or
(2)    For lawful employment;
(3)    When such minor is in the custody of and accompanied by a person who has reached his or her eighteenth birthday and who has in his or her possession the written consent of such parent, guardian or other person having legal care or custody of such minor.  (Ord. 380 1984)

(a)    As used in this Section, unless the context otherwise requires:
Ethyl alcohol means any substance which is or contains ethyl alcohol (C2H3OH).
Possession of ethyl alcohol means that a person has or holds any amount of ethyl alcohol anywhere on his or her person, or that a person owns or has custody of ethyl alcohol or has ethyl alcohol within his or her immediate presence and control.
(b)    Any person under age twenty-one (21) years, who possesses or consumes ethyl alcohol anywhere in the Town, commits the crime of 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.  Illegal possession or consumption of ethyl alcohol by an underage person shall be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment.
(c)    It shall be an affirmative defense to a violation of this Section 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., 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 (.5%) of ethyl alcohol by weight.
(d)    During any trial for a violation 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 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," "liquor" or any other product generally recognized as being an alcoholic beverage 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.
(e)    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.
(f)    The qualitative result of an alcohol test or tests shall be admissible at the trial of any person charged with a violation 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 State Department of Health.
(g)    Official records of the State 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 and 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 or her deputy and accompanied by a certificate bearing the official seal of said department, which state that the Executive Director of the Department has custody of such records, shall be admissible in the Municipal Court and shall constitute prima facie evidence of the information contained in such records.  The official seal of the Department described in this Subsection may consist of a rubber stamp producing a facsimile of its seal stamped upon the document.
(h)    In any proceeding in the Municipal Court concerning a charge under 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 shall not prevent the necessity of establishing during a trial that the testing devices were working properly and that such testing devices were properly operated.  Nothing in this Subsection shall preclude a defendant from offering evidence concerning the accuracy of testing devices.  (Ord. 450 §1, 1994)