11.08.010 Establishment restrictions.
A. It shall constitute a Class B municipal offense for the licensee, proprietor, agent or employee of any establishment having a “tavern” license, as defined in the Colorado Liquor Code, to sell malt, vinous, or spirituous liquors for consumption on the premises, to permit or allow the following:
1. Persons under the age of twenty-one (21) years to enter, frequent, visit, or be present in any establishment where fermented malt beverages or malt, vinous, or spirituous liquors are sold for consumption on the premises.
2. Persons, customers, and guests to be in places where fermented malt beverages or malt, vinous, or spirituous liquors are sold for consumption on the premises during the hours and days that state law prohibits the sale, serving or distribution of fermented malt beverages, or malt, vinous, or spirituous liquors.
B. The offense created under this section shall be one of strict liability.
C. Affirmative Defense. It shall be affirmative defense to any prosecution for violation of this section, if said licensee, proprietor, agent or employee of the licensed establishment can establish, by a preponderance of the evidence, that he required a minor to exhibit a state of Colorado operator’s license, chauffeur’s license, or identification card, prior to entry by said person into the establishment, and said proof of age exhibited was fraudulent and that the fraudulent nature of same was not apparent from a reasonable inspection and scrutiny of the identification tendered. (Ord. 200 §1, 1982; Amended Ord. 226, 1984; Amended Ord. 401 §2, 1998; Amended Ord. 472 §6, 2003)