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CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES
Sections:
9.41.010 Definitions.
9.41.020 Open containers-Unlawful.
9.41.030 Open container in motor vehicle-Unlawful.
9.41.040 Prima facie evidence.
9.41.050 Unlawful to sell or give ethyl alcohol to underage
person.
9.41.060 Purchases of ethyl alcohol prohibited.
9.41.070 Possession or consumption of ethyl alcohol prohibited.
9.41.075 Unlawful to sell or give ethyl alcohol to intoxicated
person.
9.41.080 Strict liability.
9.41.090 Affirmative defenses.
9.41.100 Unlawful to possess alcohol without liquid.
9.41.010 Definitions.
As used in this chapter, unless the context otherwise requires:
"Ethyl alcohol" means any substance which is or contains ethyl alcohol
and includes fermented malt beverage.
"Open container" means any bottle, can, box, glass, or other device
used for the storage and/or sale of beverage, which has had its cap or other
permanent seal broken so as to allow access to its contents. Further, "open
container" means any item used for the storage or transport of beverage
which has no permanent cap, top, or sealer.
"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 immediate presence
and control.
"Possession of an open container" means that a person has or holds
an open container containing any amount of ethyl alcohol anywhere on his person,
or that a person owns or has custody of an open container containing any amount
of ethyl alcohol, or has an open container containing any amount of ethyl alcohol
on or about his person.
"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. Private property shall not include any establishment which has or is
required to have a license pursuant to article 46, 47, or 48 of title 12, C.R.S.,
or any establishment which sells ethyl alcohol or upon which ethyl alcohol is
sold, or any establishment which leases, rents, or provides accommodations to
members of the public generally. (Ord. O-87-73 § 1 (part), 1987; Ord. O-2001-12
§ 1, 2001).
9.41.020 Open containers-Unlawful.
It is unlawful for any person to possess any open container containing any amount
of ethyl alcohol or to consume any ethyl alcohol on any public highway, street,
alley, sidewalk, parking lot, or other public place; or upon any private property
without the permission of the owner or person in lawful possession and control
of such property or such person's agent. This provision shall not apply to any
public highway, street alley sidewalk, or other public place for which a block
party permit has been issued by the City Clerk's Office or to possession or
consumption of a fermented malt beverage by a person twenty-one years of age
or older in any park or recreation area of the city when permitted by Section
9.32.090 or Section 9.32.100 of the Lakewood Municipal Code. (Ord. O-87-73 §
1 (part), 1987; Ord. O-2001-12 § 2, 2001).
9.41.030 Open container in motor vehicle-Unlawful.
It is unlawful for any person to possess any open container containing any amount
of ethyl alcohol or to consume any ethyl alcohol within or on the passenger
compartment of a motor vehicle, including motorcycles, while such vehicle is
in motion, parked, stopped or standing on any public highway, street, alley,
sidewalk, parking lot, or other public place, or private property without the
permission of the owner or person in lawful possession and control of such property
or such person's agent. If a vehicle does not have a trunk or compartment separate
from the passenger compartment, a container which is open shall be encased or
enclosed. This provision shall not apply to the possession or consumption of
a fermented malt beverage by a person twenty-one years of age or older in any
park or recreation area of the city when permitted by Section 9.32.090 or Section
9.32.100 of the Lakewood Municipal Code. (Ord. O-87-73 § 1 (part), 1987;
Ord. 2001-12 § 3, 2001).
9.41.040 Prima facie evidence.
Prima facie evidence of a violation of this chapter shall consist of:
A. Any liquid found in any container as described in this chapter, and which
in the sensory perception of the investigating agent either looks or smells
like ethyl alcohol, shall be prima facie evidence that the liquid is ethyl alcohol;
or
B. During any trial for a violation of a provision 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 shall not constitute
hearsay. The fact finder may consider the information contained on any 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", "gin",
"rum", "armangnac", "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; or
C. Prima facie evidence of the violation of section 9.41.070 of this chapter
shall consist of evidence that the defendant was under the age of twenty-one
years and possessed or consumed ethyl alcohol anywhere in this city, or evidence
that the defendant was under the age of twenty-one and manifested any of the
characteristics commonly associated with ethyl alcohol intoxication or impairment
while present anywhere in this city. (Ord. O-94-33 § 26, 1994; Ord. O-87-73
§ 1 (part), 1987; Ord. 2001-12 § 4, 2001).
9.41.050 Unlawful to sell or give ethyl alcohol to underage
person.
It is unlawful for any person to sell, serve, deliver, or give any ethyl alcohol
to any person under the age of twenty-one years. (Ord. O-94-33 § 27, 1994;
Ord. O-87-73 § 1 (part), 1987; Ord. 2001-12 § 5, 2001).
9.41.060 Purchases of ethyl alcohol prohibited.
It is unlawful for any person under the age of twenty-one years to purchase
or attempt to purchase any ethyl alcohol by misrepresentation of age or by any
other method. (Ord. O-94-33 § 28, 1994; Ord. O-87-73 § 1 (part), 1987;
Ord. 2001-12 § 6, 2001).
9.41.070 Possession or consumption of ethyl alcohol prohibited.
It is unlawful for any person under the age of twenty-one years to possess or
consume any ethyl alcohol. (Ord. O-94-33 § 29, 1994; Ord. O-87-73 §
1 (part), 1987; Ord. O-2001 12- § 7, 2001).
9.41.075 Unlawful to sell or give ethyl alcohol to intoxicated
person.
It is unlawful for any person to sell, serve, give away, dispose of, exchange
or deliver or permit the sale, serving, giving, or procuring of any ethyl alcohol
to a visibly intoxicated person. (Ord. O-2002-46 § 2, 2002).
9.41.080 Strict liability.
The violation of Sections 9.41.020, 9.41.030, 9.41.050, 9.41.060, or 9.41.070
of this chapter shall be a strict liability offense. (Ord. O-2001-12 §
8, 2001).
9.41.090 Affirmative defenses.
It shall be an affirmative defense to Section 9.41.070 of this chapter that
the ethyl alcohol was possessed or consumed by a person under twenty-one years
of age under the following circumstances:
A. 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
B. 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 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 of one percent of ethyl alcohol
by weight; or
C. 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.
(Ord. O-2001-12 § 9, 2001).
9.41.100 Unlawful to possess alcohol without liquid.
A. Except as otherwise provided in subsection (B) of this section, it is unlawful for a person to possess, purchase, sell, offer to sell, or use an alcohol-without-liquid device (AWOL) in this City.
B. This section shall not apply to a hospital, as defined in Section 25.5-1-503(3), C.R.S., that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, or to a pharmaceutical company or biotechnology company conducting bona fide research and that complies with state law regulating the possession of an AWOL device.
C. For the purposes of this section “AWOL device” means a device, machine, apparatus, or appliance that mixes an alcohol beverage with pure or diluted oxygen to produce an alcohol vapor that an individual can inhale or snort. “AWOL device” does not include an inhaler, nebulizer, atomizer, or other device that is designed and intended by the manufacturer to dispense a prescribed or over-the –counter medication. (Ord. O-2006-21 § 3, 2006).
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