For purposes of this Code, the following words shall have the meanings ascribed hereafter:
Alcoholic beverage or alcoholic liquor means fermented malt beverage or malt, vinous or spirituous liquors.
Controlled substance means a drug or other substance or an immediate precursor, which is declared to be a controlled substance under this Article, and also includes marijuana, marijuana concentrate and cocaine.
Drug paraphernalia means any machine, instrument, tool, equipment or device, which is primarily designed and intended for one (1) or more of the following:
a. To introduce into the human body any controlled substance under circumstances in violation of state law;
b. To enhance the effect on the human body of any controlled substance under circumstances in violation of state law;
c. To conceal any quantity of any controlled substance under circumstances in violation of state law; or
d. To test the strength, effectiveness or purity of any controlled substance under circumstances in violation of state law.
Establishment means 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.
Fermented malt beverage means any beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops or any similar product or any combination thereof in water containing not less than one-half of one percent (0.5%) and not more than three and two-tenths percent (3.2%) alcohol by weight.
Malt liquor includes beer and shall be construed to mean any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops or any other similar product, or any combination thereof, in water containing more than three and two-tenths percent (3.2%) of alcohol by weight.
Private property means any dwelling and its curtilage which is being used by a natural person 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 Article 3, 4 or 5 of Title 44, C.R.S.;
b. Any establishment which sells alcoholic beverages or upon which alcoholic beverages are sold; or
c. Any establishment, which leases, rents, or provides accommodations to members of the public generally.
Public place means any place commonly or usually open to the general public or to which members of the general public may resort, or accessible to members of the general public. By way of illustration, such public places include but are not limited to public ways, streets, buildings, sidewalks, alleys, parking lots, shopping centers, shopping center malls, places of business usually open to the general public, and automobiles or other vehicles in or upon any such place or places, but shall not include the interior or enclosed yard area of private homes, residences, condominiums or apartments.
Spirituous liquor means any alcoholic beverage obtained by distillation, mixed with water and other substances in solution, and includes among other things brandy, rum, whiskey, gin and every liquid or solid, patented or not, containing at least one-half of one percent (0.5%) alcohol and which is fit for use for beverage purposes. Any liquid or solid containing beer or wine in combination with any other liquor except malt liquors and vinous liquors shall be construed to be spirituous liquor.
Vinous liquor means wine and fortified wines which contain not less than one-half of one percent (0.5%) and not more than twenty-one percent (21%) of alcohol by volume and shall be construed to mean alcoholic beverage obtained by the fermentation of the natural sugar contents of fruits or other agricultural products containing sugar.
(Ord. 347 §1, 2008; Ord. 445 §5, 2023)