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(a) It is unlawful:

(1) To knowingly possess or consume any alcohol beverage when such person is under the age of twenty-one (21) years.

(2) To knowingly, or under conditions that an average parent or guardian should have knowledge of, permit any person under twenty-one (21) years of age, of whom such person may be a parent or guardian, to violate the provisions of Paragraph (1) above.

(b) It shall be an affirmative defense to the charge that the ethyl alcohol was possessed or consumed by a person under twenty-one (21) years of age under the following circumstances:

(1) 

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 the entire time the ethyl alcohol was possessed or consumed by him or her.

b. Nothing in this Paragraph shall be construed to permit any establishment which is or is required to be licensed pursuant to Article 46, 47 or 48 of Title 12, C.R.S., or any members, employees or occupants of any such establishment to give, provide, make available or sell ethyl alcohol to a person under twenty-one (21) years of age.

(2) Where the possession or consumption of ethyl alcohol takes place for religious purposes protected by the First Amendment to the United States Constitution.

(c) Additional penalty. In addition to any other penalty imposed by the court, upon each conviction or entry of guilty or nolo contendere plea for violation of Paragraphs (a)(1) or (a)(2) above, any driver’s permit or license held by the offender shall be revoked as provided in Section 42-2-125(1)(m), C.R.S., where:

(1) The offender has failed to complete an alcohol evaluation or assessment, an alcohol education program or an alcohol treatment program ordered by the Municipal Court in connection with such conviction; or

(2) The offender has been convicted or entered a guilty or nolo contendere plea for a violation of Paragraphs (a)(1) or (a)(2) above and has a previous conviction for any similar local or state alcohol offense.

(d) Prima facie evidence of a violation of Subsection (a) above shall consist of:

(1) Evidence that the defendant was under the age of twenty-one (21) years and possessed or consumed alcoholic beverages or fermented malt beverages anywhere in the Town; or

(2) Evidence that the defendant was under the age of twenty-one (21) years and manifested any of the characteristics commonly associated with alcohol intoxication or impairment while present anywhere in the Town.

(e) 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 or such bottle, can or other container 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.

(f) An underage person and one (1) or two (2) other persons shall be immune from criminal prosecution under this Section if they establish the following:

(1) One (1) of the underage persons called 911 and reported that another underage person was in need of medical assistance due to alcohol consumption;

(2) The underage person and, if applicable, one (1) or two (2) other persons acting in concert with the underage person who called 911 provided each of their names to the 911 operator;

(3) The underage person was the first person to make the report; and

(4) The underage person and, if applicable, one (1) or two (2) other persons acting in concert with the underage person who made the 911 call remained on the scene with the underage person in need of medical assistance until assistance arrive and cooperated with medical assistance and law enforcement personnel on the scene. (Ord. 329 §3, 1990; Ord. 348 §1, 1992; Ord. 400 §4, 1995; Ord. 830 §10, 2006; Ord. 1002 §25, 2009; Ord. 1019 §§4, 5, 2009)