§ 6-25-101 — Definitions - evidence of intent

Colorado § 6-25-101

• Jurisdiction: Colorado
• Title 06: Consumer
• Art.: Public Establishments

Text

As used in this part 1, unless the
context otherwise requires:

(1) Agreement with the public establishment means any written or verbal
agreement as to the price to be charged for, and the acceptance of, food, beverage,
service, or accommodations where the price to be charged therefor is printed on a
menu or schedule of rates shown to or made available by a public establishment to
the patron and includes the acceptance of the food, beverage, service, or
accommodations for which a reasonable charge is made.

(2) Repealed.

(3) Public establishment means any establishment selling or offering for
sale prepared food or beverages to the public generally, or any establishment
leasing or renting overnight sleeping accommodations to the public generally,
including, but not exclusively, restaurants, cafes, dining rooms, lunch counters,
coffee shops, boarding houses, hotels, motor hotels, motels, and rooming houses,
unless the rental thereof is on a month-to-month basis or a longer period of time.

(4) It shall be evidence of an intent to defraud that food, service, or
accommodations were given to any person who gave false information concerning
his or her name or address, or both, in obtaining the food, service, or
accommodations, or that the person removed or attempted to remove his or her
baggage from the premises of the public establishment without giving notice of his
or her intent to do so to the public establishment. These provisions shall not
constitute the sole means of establishing evidence that a person accused under
this part 1 had an intent to defraud. Proof of intent to defraud may be made by any
facts or circumstances sufficient to establish the intent to defraud beyond a
reasonable doubt as provided by law.

(5) If any person, partnership, or corporation shall by written or verbal
complaint, or otherwise, institute or cause to be instituted any prosecution for any
violation of this section and shall thereafter, whether or not restitution is sought or
received from the alleged offender, fail to cooperate in the full prosecution of the
alleged offender without reasonable cause, the court having jurisdiction, on motion
of the prosecuting attorney appearing therein and, after notice to the person,
partnership, or corporation and an opportunity to be heard, may give judgment
against the person, partnership, or corporation and in favor of the county wherein
prosecution was commenced for all costs of the prosecution, including a
reasonable allowance for the time of the prosecuting attorney.

Legislative History

Source: L. 2017: Entire article added with relocations, (HB 17-1245), ch. 240, p. 985, � 1, effective August 9. L. 2021: (2)(b) added by revision, (SB 21-271), ch. 462, pp. 3135, 3331, �� 66, 803.