(A) Prohibited. It is unlawful for anyone to knowingly sell, give or dispense any intoxicating beverage of any kind, including fermented malt beverages, commonly known as 3.2 beer, to any person who is visibly intoxicated, and it is the responsibility of anyone licensed by the town and state to dispense any malt, vinous and spirituous liquor, as well as fermented malt beverages, commonly known as 3.2 beer, to determine if any such person is visibly intoxicated before selling, serving or delivering such beverages to any such person.
(B) False identification. It shall be unlawful for any person to knowingly make false statements or to furnish, present or exhibit any fictitious or false registration card, identification card, driver’s license, note or any other document; or to furnish, present or exhibit such document or documents issued to a person other than the one presenting the same, for the purpose of gaining admission to any prohibited place or for the purpose of procuring the sale, gift or delivery of prohibited articles, including fermented malt beverages, malt, vinous or spirituous liquors.
(C) Illegal possession or consumption of liquor by underage persons.
(1) As used in this subsection (C), unless the context otherwise requires.
ESTABLISHMENT. 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.
LIQUORS. Any substance which is or contains ethyl alcohol.
POSSESSION OF LIQUORS. 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.
PRIVATE PROPERTY. 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:
1. Any establishment is required to have a license pursuant to C.R.S. Title 44, Articles 3, 4 or 5;
2. Any establishment which sells ethyl alcohol or upon which ethyl alcohol is sold; or
3. Any establishment which leases, rents, or provides accommodations to members of the public generally.
(2) Any person under 21 years of age who possesses or consumes ethyl alcohol anywhere in the Town of Vail commits illegal possession or consumption of liquors by an underage person. Illegal possession or consumption of liquors by an underage person is a strict liability offense.
(3) It shall be an affirmative defense to the offense described in subsection (C)(2) of this section that the ethyl alcohol was possessed or consumed by a person under 21 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 or her parent or legal guardian who was present during such possession or consumption;
(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 C.R.S. § 25-5-410(1)(i)(II); 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 0.5% of ethyl alcohol by weight.
(c) The person is a student who:
1. Tastes but does not imbibe an alcohol beverage only while under the direct supervision of an instructor who is at least 21 years of age and employed by a post-secondary school;
2. Is enrolled in a university or a post-secondary school accredited or certified by an agency recognized by the United States Department of Education, a nationally recognized accrediting agency or association, or the Private Occupational Education Act of 1981, C.R.S. Title 12, Article 59;
3. Is participating in a culinary arts, food service, or restaurant management degree program; and
4. Tastes but does not imbibe the alcohol beverage for instructional purposes as a part of a required course in which the alcohol beverage, except the portion the student tastes, remains under the control of the instructor.
(4) The possession or consumption of ethyl alcohol shall not constitute a violation of this subsection (C)(4) if such possession or consumption takes place for religious purposes protected by the First Amendment to the United States Constitution.
(5) Prima facie evidence of a violation of subsection (C)(2) of this section shall consist of:
(a) Evidence that the defendant was under the age of 21 years and possessed or consumed ethyl alcohol anywhere in the Town of Vail; or
(b) Evidence that the defendant was under the age of 21 years and manifested any of the characteristics commonly associated with ethyl alcohol intoxication or impairment while present anywhere in the Town of Vail.
(6) During any trial for a violation of subsection (C)(2) 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” or “liquor” shall constitute prima facie evidence that the contents of the bottle, can or other container were composed in whole or in part of ethyl alcohol.
(7) The qualitative result of an alcohol test or tests shall be admissible at the trial of any person charged with a violation of subsection (C)(2) 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 Department of Public Health and Environment.
(8) Upon the expiration of one year from the date of a conviction for a violation of subsection (C)(2) of this section, any person convicted of such violation may petition the Vail Municipal Court for an order sealing the record of such conviction. The court shall grant such petition if the petitioner has not been arrested for, charged with, or convicted of any felony, misdemeanor, or petty offense during the period of one year following the date of such petitioner’s conviction for a violation of subsection (C)(2) of this section.
(D) Sale to minors. It shall be unlawful for any person to procure for, sell to, or give away within the town limits, any malt, vinous or spirituous liquors, or any fermented malt beverages to any person under the age of 21 years.
(Ord. 19(1971) § 3; Ord. 43(1981) § 1; Ord. 7(1991) § 1; Ord. 20(1998); Ord. 12(2004) § 1; Ord. 5(2005) § 1)