44-3-905. Duties of inspectors and police officers.

Statute text

(1) The inspectors of the liquor enforcement division and their supervisors, while actually engaged in performing their duties and while acting under proper orders or regulations, shall have and exercise all the powers vested in peace officers of this state. In the exercise of their duties, the inspectors and their supervisors shall have the power to arrest. The inspectors and their supervisors shall also have the authority to issue summonses for violations of the provisions of this article 3 and articles 4 and 5 of this title 44.

(2) It is the duty of all sheriffs and police officers to enforce the provisions of this article 3 and articles 4 and 5 of this title 44 and the rules made pursuant to said articles and to arrest and complain against any person violating any of the provisions of this article 3 or rules pertaining thereto. It is the duty of the district attorney of the respective judicial districts of this state to prosecute all violations of said articles in the manner and form as is now provided by law for the prosecution of crimes and misdemeanors, and it is a violation of said articles for any such person, knowingly, to fail to perform any duties pursuant to this section.

History

Source: L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1062, 2, effective October 1.

Annotations

Editor's note: This section is similar to former 12-47-904 as it existed prior to 2018.

Annotations

 

ANNOTATION

Annotations

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

The authority of a liquor enforcement officer does not exceed that of his principal. Fouquet v. State Comp. Ins. Fund, 144 Colo. 240, 355 P.2d 943 (1960).

Authority only within specified territory. The assignment to a liquor enforcement officer of a specified territory in which to perform his duties carries a clear implication that he was to perform his duties within such territory and not elsewhere, and no presumption arises that he had authority beyond the boundaries of his allotted territory. Fouquet v. State Comp. Ins. Fund, 144 Colo. 240, 355 P.2d 943 (1960).

No authority to participate in private business. It is no part of the legal authority of the liquor license division or of a liquor enforcement officer to promote, facilitate, or assist in the purchase and sale of any business and premises, whatever its nature. Fouquet v. State Comp. Ins. Fund, 144 Colo. 240, 355 P.2d 943 (1960).

Nor travel for such purpose. Even though the answering of questions and supplying of information are generally within a liquor enforcement officer's implied authority, such authority, however, cannot be extended to embrace a trip to a distant city to assist in the promotion of a private transaction in which neither he nor his employer had an official interest. Fouquet v. State Comp. Ins. Fund, 144 Colo. 240, 355 P.2d 943 (1960).

Applied in Adams County Golf, Inc. v. Colo. Dept. of Rev., 199 Colo. 423, 610 P.2d 97 (1980).