First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 13-0412.01 Christy Chase x2008 SENATE BILL 13-054 SENATE SPONSORSHIP Brophy, HOUSE SPONSORSHIP Priola, Senate Committees House Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the ability of an establishment licensed to sell alcohol beverages for on-premises consumption to serve an alcohol beverage to an adult under twenty-one years of age when the underage person's parent purchases the alcohol beverage for the underage person. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Current law prohibits a person under 21 years of age (underage person) from possessing or consuming alcohol unless: The underage person is legally present on private property with the knowledge and consent of the property owner; and The parent or legal guardian of the underage person is present on the property and consents to the possession or consumption by the underage person. Additionally, an underage person may possess or consume alcohol for religious, educational, or medical purposes. The "Colorado Liquor Code" also prohibits a person from selling, serving, or delivering an alcohol beverage to an underage person. The bill permits a restaurant or other establishment licensed to sell alcohol for on-premises consumption to serve, and an underage person to consume on the licensed premises, an alcohol beverage if the underage person's parent or legal guardian who is at least 21 years of age purchases the alcohol beverage for the underage person and accompanies the underage person while he or she is consuming the alcohol beverage. If the licensed establishment reasonably relies on documentation or other representation of the parent or legal guardian relationship, and the person purchasing the alcohol beverages is not, in fact, the parent or legal guardian of the underage person, that reliance and alcohol beverage sale is not grounds for revocation or suspension of the establishment's liquor license. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 12-47-901, amend (1) (a.5) (I), (1) (b), and (1) (c); and add (1) (a.5) (III) as follows: 12-47-901. Unlawful acts - exceptions. (1) Except as provided in section 18-13-122, C.R.S., it is unlawful for any person: (a.5) (I) To sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or for any person under the age of twenty-one years, except as permitted in subparagraph (III) of this paragraph (a.5). (III) (A) A person licensed pursuant to this article to sell alcohol beverages for consumption on the licensed premises may serve an alcohol beverage to a person who is at least eighteen but under twenty-one years of age if the underage person is accompanied by a parent or legal guardian who is at least twenty-one years of age and the parent or legal guardian of the underage person purchases the alcohol beverage. (B) The licensee may request proof of the parent or legal guardian relationship when the age difference between the underage person and the parent or legal guardian is less than sixteen years. If the person purchasing the alcohol beverage is not, in fact, the parent or legal guardian of the underage person but the licensee reasonably relied on the proof of the relationship or the representation of the person purchasing the alcohol beverage that he or she is the underage person's parent or legal guardian, the licensee's reliance on that proof or representation and the sale of an alcohol beverage to a person who is not the underage person's parent or legal guardian is not grounds for revocation or suspension of the person's license. (b) To obtain or attempt to obtain any alcohol beverage by misrepresentation of age or by any other method in any place where alcohol beverages are sold when such the person is under twenty-one years of age. This paragraph (b) does not preclude a person who is at least eighteen but under twenty-one years of age from obtaining an alcohol beverage in the manner described in subparagraph (III) of paragraph (a.5) of this subsection (1). (c) To possess alcohol beverages in any store, in any public place, including public streets, alleys, roads, or highways, or upon property owned by the state of Colorado or any subdivision thereof, or inside vehicles while upon the public streets, alleys, roads, or highways when such the person is under twenty-one years of age. This paragraph (c) does not prevent a person who is at least eighteen but under twenty-one years of age from possessing an alcohol beverage in an establishment licensed for on-premises consumption if the alcohol beverage was obtained in the manner described in subparagraph (III) of paragraph (a.5) of this subsection (1). SECTION 2. In Colorado Revised Statutes, 18-13-122, amend (2) (a); and add (4.7) as follows: 18-13-122. Illegal possession or consumption of ethyl alcohol by an underage person - definitions - adolescent substance abuse prevention and treatment fund - legislative declaration. (2) (a) Except as described by section 18-1-711 and subsection subsections (4.5) and (4.7) of this section, a person under twenty-one years of age who possesses or consumes ethyl alcohol anywhere in the state of Colorado commits illegal possession or consumption of ethyl alcohol by an underage person. Illegal possession or consumption of ethyl alcohol by an underage person is a strict liability offense. (4.7) A person who is at least eighteen but under twenty-one years of age is immune from criminal prosecution under this section if he or she establishes that: (a) His or her parent or legal guardian purchased ethyl alcohol for the underage person at an establishment licensed under article 47 of title 12, C.R.S., to sell alcohol beverages for consumption on the licensed premises; (b) His or her parent or legal guardian accompanied the underage person while he or she possessed or consumed ethyl alcohol at the establishment licensed to sell alcohol beverages for on-premises consumption; and (c) The underage person's parent or legal guardian was at least twenty-one years of age at the time the underage person possessed or consumed ethyl alcohol. SECTION 3. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 7, 2013, if adjournment sine die is on May 8, 2013); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2014 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.