44-3-904. Violations - penalties.
Statute text
(1) (a) Except as provided in subsections (2), (3), and (4) of this section, any person violating any of the provisions of this article 3 or article 4 or 5 of this title 44 or any of the rules authorized and adopted pursuant to such articles commits a civil infraction.
(b) The penalties provided in this section shall not be affected by the penalties provided in any other section of this article 3 or article 4 or 5 of this title 44 but shall be construed to be in addition to any other penalties.
(2) Any person violating any of the provisions of section 44-3-901 (1)(a), (1)(g), (1)(h), (1)(j), (1)(l), (1)(m), (6)(a)(I), or (6)(b) or section 44-3-903 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
(3) A person violating the provisions of section 44-3-901 (1)(b) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
(4) Any person violating any of the provisions of section 44-3-901 (1)(c) or (1)(d) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501. For the second conviction and for all subsequent convictions of violating the provisions of section 44-3-901 (1)(c) or (1)(d), the court shall impose at least the minimum fine and shall have no discretion to suspend any fine so imposed; except that the court may provide for the payment of such fine as provided in subsection (5) of this section.
(5) At the discretion of the court, the fines provided for violations of section 44-3-901 (1)(c) and (1)(d) may be ordered to be paid by public work only at a reasonable hourly rate to be established by the court, who shall designate the time within which the public work is to be completed.
(6) Any person who knowingly violates the provisions of section 44-3-901 (1)(b), (1)(e), or (1)(l) or any person who knowingly induces, aids, or encourages a person under the age of eighteen years to violate the provisions of section 44-3-901 (1)(b), (1)(c), or (1)(d) may be proceeded against pursuant to section 18-6-701 for contributing to the delinquency of a minor.
History
Source: L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1061, 2, effective October 1. L. 2021: (1)(a) and (3) amended, (SB 21-271), ch. 462, p. 3327, 784, effective March 1, 2022.
Annotations
Editor's note: This section is similar to former 12-47-903 as it existed prior to 2018.
Annotations
ANNOTATION
Annotations
Law reviews. For article, "One Year Review of Agency, Partnerships, Corporations, and Municipal Corporations", see 41 Den. L. Ctr. J. 61 (1964).
Annotator's note. The following annotations include cases decided under former provisions similar to this section.
General assembly intended subsection (5) to apply to violations of 12-47-901 (1)(a.5). The time between the 2005 and 2007 amendment when paragraph (a.5) was not listed in subsection (5) did not manifest an intent to exclude application. People v. Davis, 218 P.3d 718 (Colo. App. 2008).
Authority granted to director to define criminal conduct is not an unconstitutional delegation of legislative authority. Although the general assembly may not delegate to an administrative agency the power to define criminal conduct, it may authorize the agency to adopt rules carrying criminal sanctions as long as the statutory scheme provides sufficient standards and safeguards to protect against the unreasonable exercise of discretionary power and offers adequate notice of the penalties applicable to a violator. People v. Lowrie, 761 P.2d 778 (Colo. 1988).
Due to general assembly's specification. The general assembly has specifically directed that revocation of the license under this section cannot be effected in the absence of a conviction of an offense described as a misdemeanor by this section. Bunzel v. City of Golden, 151 Colo. 352, 378 P.2d 208 (1963).
Procedures for the revocation by a city of a license to sell 3.2 percent beer are controlled by this section. Bunzel v. City of Golden, 151 Colo. 352, 378 P.2d 208 (1963).
In the absence of a conviction of violation of this section a city is without power to revoke license to sell 3.2 beer. Bunzel v. City of Golden, 151 Colo. 352, 378 P.2d 208 (1963).
Applicability of liquor code. The provisions of this article do not apply to third persons who are not applicants of licensees and whose conduct does not violate specific provisions of this article but does violate specific provisions of the criminal code. People v. Eckley, 775 P.2d 566 (Colo. 1989).
Prosecutorial discretion for violations of the liquor code is limited to the specific punishment provisions of the code unless otherwise indicated. People v. Bagby, 734 P.2d 1059 (Colo. 1987).
Applied in C.V. Enters., Inc. v. State, Dept. of Rev., 42 Colo. App. 337, 593 P.2d 984 (1979); People v. Luciano, 662 P.2d 480 (Colo. 1983).