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(a) The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

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.

Ethyl alcohol means any substance which is or contains ethyl alcohol.

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. The term "private property" shall not include:

(1) Any establishment which has or is required to have a license pursuant to C.R.S. tit. 12, art. 46 (C.R.S. § 12-46-101 et seq.), tit. 12, art. 47 (C.R.S. § 12-47-101 et seq.) or tit. 12, art. 48 (C.R.S. § 12-48-101 et seq.);

(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.

Underaged person means any person who is under 21 years of age.

(b) It shall be unlawful for any underaged person to possess or consume ethyl alcohol anywhere in the City. Illegal possession or consumption of ethyl alcohol by and underaged person is a strict liability offense.

(c) It shall be an affirmative defense to the offense described in subsection (b) of this section that the ethyl alcohol was possessed or consumed by a person under 21 years of age under the following circumstances:

(1) 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; or

(2) 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 one-half of one percent of ethyl alcohol by weight.

(3) The possession or consumption of ethyl alcohol took place for religious purposes protected by the first amendment to the United States Constitution.

(d) Prima facie evidence of a violation of subsection (b) of this section shall consist of:

(1) Evidence that the defendant was under the age of 21 years and possessed or consumed ethyl alcohol on private property in the City; or

(2) 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 City.

(e) It shall be unlawful for the parent, guardian, or other person having the duty of care of any underaged person to knowingly allow or permit such underage person to violate this section. (Code 1979, § 27-74; Ord. No. 2002-57, § 4, 10-14-2002; Ord. No. 95-52, exhibit A (§ 27-74), 9-11-1995)