§ 44-3-901 — Unlawful acts - exceptions - definitions
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(1) Except as provided in
section 18-13-122, it is unlawful for any person:
(a) To sell, serve, give away, dispose of, exchange, or deliver, or permit the
sale, serving, giving, or procuring of, any alcohol beverage to a visibly intoxicated
person or to a known habitual drunkard;
(b) (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.
(II) If a person is convicted of an offense pursuant to subsection (1)(b)(I) of
this section for serving, giving away, disposing of, exchanging, or delivering or
permitting the serving, giving, or procuring of any alcohol beverage to a person
under the age of twenty-one years, the court shall consider the following in
mitigation:
(A) After consuming the alcohol, the underage person was in need of
medical assistance as a result of consuming alcohol; and
(B) Within six hours after the underage person consumed the alcohol, the
defendant contacted the police or emergency medical personnel to report that the
underage person was in need of medical assistance as a result of consuming
alcohol.
(c) 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
a person is under twenty-one years of age;
(d) 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 a person is under twenty-one years of age;
(e) To knowingly, or under conditions that an average parent or guardian
should have knowledge of, suffer or permit any person under twenty-one years of
age, of whom such person may be a parent or guardian, to violate the provisions of
subsection (1)(c) or (1)(d) of this section;
(f) To buy any vinous or spirituous liquor from any person not licensed to sell
at retail as provided by this article 3 except as otherwise provided in this article 3;
(g) To sell at retail any malt, vinous, or spirituous liquors in sealed containers
without holding a retail liquor store or liquor-licensed drugstore license, except as
permitted by section 44-3-107 (2) or 44-3-301 (6)(b) or any other provision of this
article 3, or to sell at retail any fermented malt beverages in sealed containers
without holding a fermented malt beverage retailer's license under section 44-4-104 (1)(c) or to sell at retail any fermented malt beverages and wine in sealed
containers without holding a fermented malt beverage and wine retailer's license
under section 44-4-107 (1)(a);
(h) To manufacture, sell, or possess for sale any alcohol beverage unless
licensed to do so as provided by this article 3 or article 4 or 5 of this title 44 and
unless all licenses required are in full force and effect;
(i) (I) To consume any alcohol beverages:
(A) In any public place except on any licensed premises permitted under this
article 3 or article 4 of this title 44 to sell any alcohol beverages by the drink for
consumption on the licensed premises;
(B) Upon any premises licensed to sell alcohol beverages for consumption on
the licensed premises, the sale of which is not authorized by the state licensing
authority;
(C) At any time on such premises other than the alcohol beverages
purchased from the establishment; or
(D) In any public room on the licensed premises during hours during which
the sale of the alcohol beverage is prohibited under this article 3.
(II) Notwithstanding subsection (1)(i)(I) of this section, a person who is at
least twenty-one years of age may consume alcohol beverages while the person is
a passenger aboard a luxury limousine or a charter bus, as those terms are defined
in section 40-10.1-301. Nothing in this subsection (1)(i)(II) authorizes an owner or
operator of a luxury limousine or charter bus to sell or distribute alcohol beverages
without obtaining a public transportation system license pursuant to section 44-3-421.
(III) (A) Notwithstanding subsection (1)(i)(I) of this section, it shall not be
unlawful for adult patrons of a retail liquor store or liquor-licensed drugstore
licensee to consume malt, vinous, or spirituous liquors on the licensed premises
when the consumption is conducted within the limitations of the licensee's license
and is part of a tasting if authorization for the tasting has been granted pursuant to
section 44-3-301.
(B) Notwithstanding subsection (1)(i)(I) of this section, it shall not be unlawful
for adult patrons of a fermented malt beverage and wine retailer licensee to
consume malt or vinous liquors on the licensed premises when the consumption is
conducted within the limitations of the licensee's license and is part of a tasting if
authorization for the tasting has been granted pursuant to section 44-3-301.
(IV) Notwithstanding subsection (1)(i)(I) of this section, it is not unlawful for
adult patrons of a retail establishment permit holder to consume alcohol beverages
on the premises when the consumption is conducted within the limitations of a valid
permit granted pursuant to section 44-3-424.
(V) Notwithstanding subsection (1)(i)(I) of this section, it is not unlawful for
adult patrons of the Colorado state fair to consume malt, vinous, or spirituous liquor
upon unlicensed areas within the designated fairgrounds of the Colorado state fair
authority or at a licensed premises on the fairgrounds when not purchased at the
licensed premises, but this subsection (1)(i)(V) does not authorize a patron to
remove an alcohol beverage from the fairgrounds.
(VI) Notwithstanding subsection (1)(i)(I) of this section, it is not unlawful for
adult patrons of a licensed premises that is attached to a common consumption
area to consume alcohol beverages upon unlicensed areas within a common
consumption area, but this subsection (1)(i)(VI) does not authorize a patron to
remove an alcohol beverage from the common consumption area.
(VII) Notwithstanding subsection (1)(i)(I) of this section, it is not unlawful for a
person who is at least twenty-one years of age to consume any alcohol beverages
in any public place, other than a public right of way, where consumption of alcohol
beverages has been specifically authorized by ordinance, resolution, or rule
adopted by a municipality, city and county, or county or, for purposes of state parks,
state wildlife areas, or other properties open to recreation that are under the
supervision of the parks and wildlife commission created in article 9 of title 33, by
the parks and wildlife commission.
(VIII) Notwithstanding subsection (1)(i)(I) of this section and when and where
consumption is specifically authorized by an ordinance adopted by the city and
county of Denver, it is not unlawful for adult patrons of the national western center
to consume malt, vinous, or spirituous liquors in unlicensed areas of the national
western center or at a licensed premises in the national western center when not
purchased at the licensed premises. This subsection (1)(i)(VIII) does not authorize a
patron to remove an alcohol beverage from the national western center.
(j) To regularly provide premises, or any portion thereof together with soft
drinks or other mix, ice, glasses, or containers at a direct or indirect cost or charge
to any person who brings alcohol beverages upon the premises for the purpose of
consuming the beverages on the premises during the hours in which the sale of
such beverages is prohibited or to consume such beverages upon premises
operated in the manner described in this subsection (1)(j);
(k) To possess any package, parcel, or container on which the excise tax has
not been paid;
(l) With knowledge, to permit or fail to prevent the use of his or her
identification, including a driver's license, by a person who is under twenty-one
years of age, for the unlawful purchase of any alcohol beverage;
(m) Who is a common carrier regulated under article 10.1 of title 40, or is an
agent or employee of such common carrier, to deliver alcohol beverages for any
person who has not been issued a license or permit pursuant to this article 3;
(n) To remove an alcohol beverage from a licensed premises where the liquor
license for the licensed premises allows only on-premises consumption of alcohol
beverages, except as permitted under subsection (1)(i)(VI) of this section or section
44-3-107 (2).
(2) (a) An underage person is immune from arrest and prosecution under
subsection (1)(c) or (1)(d) of this section if he or she establishes the following:
(I) The underage person called 911 and reported that another underage
person was in need of medical assistance due to alcohol consumption;
(II) The underage person who called 911 provided his or her name to the 911
operator;
(III) The underage person was the first person to make the 911 report; and
(IV) The underage person who made the 911 call remained on the scene with
the underage person in need of medical assistance until assistance arrived and
cooperated with medical assistance or law enforcement personnel on the scene.
(b) The immunity described in subsection (2)(a) of this section also extends
to the underage person who was in need of medical assistance due to alcohol
consumption if the conditions of subsection (2)(a) of this section are satisfied.
(3) It is unlawful for any person licensed as a manufacturer, limited winery,
brew pub, or distillery pub pursuant to this article 3 to manufacture alcohol
beverages in any location other than the permanent location specifically
designated in the license for manufacturing, except as allowed pursuant to section
44-3-402 (3), 44-3-403 (2)(a), 44-3-417 (1)(b), or 44-3-422 (1)(b).
(4) (a) It is unlawful for any person to import or sell any imported alcohol
beverage in this state unless that person is the primary source of supply in the
United States for the brand of such liquor to be imported into or sold within this
state and unless that person holds a valid importer's license issued under the
provisions of this article 3.
(b) If it is determined by the state licensing authority, in its discretion, as not
constituting unfair competition or unfair practice, any importer may be authorized
by the state licensing authority to import and sell under and subject to the
provisions of the importer's license any brand of alcohol beverage for which he or
she is not the primary source of supply in the United States if the licensee is the
sole source of supply of that brand of alcohol beverage in the state of Colorado and
authorization is determined by the state licensing authority as not constituting a
violation of section 44-3-308.
(c) Any such manufacturer or importer shall file with the state licensing
authority notice of intent to import one or more specified brands of the alcohol
beverage, together with a statement that the manufacturer or importer is the
primary source of supply in the United States for the brand, unless exempted
pursuant to subsection (4)(b) of this section, in which case, the manufacturer or
importer shall also file a statement that the manufacturer or importer is the sole
source of supply of that brand of beverage in the state of Colorado. Upon the
request of the state licensing authority, the manufacturer or importer shall file a
copy of the manufacturer's federal brand label approval form as required by the
federal bureau of alcohol, tobacco, firearms, and explosives or any of its successor
agencies. Thereafter, the licensee shall file with the state licensing authority a copy
of each sales invoice with a monthly sales report as required by section 44-3-503
(4) and (6).
(d) As used in this subsection (4), the term primary source of supply in the
United States means the manufacturer, the producer, the owner of such alcohol
beverage at the time it becomes a marketable product, the bottler in the United
States, or the exclusive agent within the United States, or any of the states, of any
such manufacturer, producer, owner, or bottler outside the United States. To be the
primary source of supply in the United States, the said manufacturer or importer
must be the first source, such as the manufacturer or the source closest to the
manufacturer, in the channel of commerce from which the product can be secured
by Colorado alcohol beverage wholesalers.
(e) It is unlawful for any person licensed as an importer of alcohol beverages
pursuant to this article 3 to deliver any such alcohol beverages to any person not in
possession of a valid wholesaler's license.
(5) It is unlawful for any person licensed to sell at wholesale pursuant to this
article 3:
(a) To peddle malt, vinous, or spirituous liquor at wholesale or by means of a
truck or other vehicle if the sale is consummated and delivery made concurrently,
but nothing in this subsection (5)(a) shall prevent delivery from a truck or other
vehicle of orders previously taken;
(b) To deliver malt liquors to any retail licensee located outside the
geographic territory designated on the license application filed with the state
licensing authority if the person holds a wholesaler's beer license;
(c) To purchase or receive any alcohol beverage from any person not
licensed pursuant to this article 3 or article 4 of this title 44, unless otherwise
provided in this article 3;
(d) To sell or serve any alcohol beverage to consumers for consumption on or
off the licensed premises during any hours retailers are prohibited from selling or
serving such liquors pursuant to subsection (6) of this section.
(6) It is unlawful for any person licensed to sell at retail pursuant to this
article 3 or article 4 of this title 44:
(a) (I) To sell an alcohol beverage to any person under the age of twenty-one
years, to a habitual drunkard, or to a visibly intoxicated person. If a person who, in
fact, is not twenty-one years of age exhibits a fraudulent proof of age, any action
relying on such fraudulent proof of age shall not constitute grounds for the
revocation or suspension of any license issued under this article 3 or article 4 of
this title 44.
(II) (A) If a licensee or a licensee's employee has reasonable cause to believe
that a person is under twenty-one years of age and is exhibiting fraudulent proof of
age in an attempt to obtain any alcohol beverage, the licensee or employee shall be
authorized to confiscate the fraudulent proof of age, if possible, and shall, within
seventy-two hours after the confiscation, turn it over to a state or local law
enforcement agency. The failure to confiscate such fraudulent proof of age or to
turn it over to a state or local law enforcement agency within seventy-two hours
after the confiscation shall not constitute a criminal offense, notwithstanding
section 44-3-904 (1)(a).
(B) If a licensee or a licensee's employee believes that a person is under
twenty-one years of age and is exhibiting fraudulent proof of age in an attempt to
obtain any alcohol beverage, the licensee or the licensee's employee or any peace
or police officer, acting in good faith and upon probable cause based upon
reasonable grounds therefor, may detain and question the person in a reasonable
manner for the purpose of ascertaining whether the person is guilty of any unlawful
act under this section. Questioning of a person by a licensee or a licensee's
employee or a peace or police officer does not render the licensee, the licensee's
employee, or a peace or police officer civilly or criminally liable for slander, false
arrest, false imprisonment, malicious prosecution, or unlawful detention.
(III) Each licensee shall display a printed card that contains notice of the
provisions of this subsection (6)(a).
(IV) Any licensee or licensee's employee acting in good faith in accordance
with the provisions of subsection (6)(a)(II) of this section shall be immune from any
liability, civil or criminal; except that a licensee or employee acting willfully or
wantonly shall not be immune from liability pursuant to subsection (6)(a)(II) of this
section.
(b) To sell, serve, or distribute any malt, vinous, or spirituous liquors at any
time other than the following:
(I) For consumption on the premises on any day of the week, except between
the hours of 2 a.m. and 7 a.m.;
(II) In sealed containers, beginning at 8 a.m. until 12 midnight each day;
(c) To sell fermented malt beverages:
(I) To any person under twenty-one years of age, except as provided in
section 18-13-122; or
(II) To any person between the hours of 12 midnight and 8 a.m.;
(III) (Deleted by amendment, L. 2024.)
(d) To offer for sale or solicit any order for vinous or spirituous liquors in
person at retail except within the licensed premises;
(e) Except as provided in section 44-3-107 (2), to have in possession or upon
the licensed premises any alcohol beverage, the sale of which is not permitted by
said license;
(f) To buy any alcohol beverages from any person not licensed to sell at
wholesale as provided by this article 3 except as otherwise provided in this article
3;
(g) To sell at retail alcohol beverages except in the permanent location
specifically designated in the license for such sale;
(h) To fail to display at all times in a prominent place a printed card with a
minimum height of fourteen inches and a width of eleven inches with each letter to
be a minimum of one-half inch in height, which shall read as follows:
WARNING
IT IS ILLEGAL TO SELL WHISKEY, WINE, OR BEER TO ANY PERSON UNDER
TWENTY-ONE YEARS OF AGE, AND IT IS ILLEGAL FOR ANY PERSON UNDER
TWENTY-ONE YEARS OF AGE TO POSSESS OR TO ATTEMPT TO PURCHASE THE
SAME.
IDENTIFICATION CARDS WHICH APPEAR TO BE FRAUDULENT WHEN
PRESENTED BY PURCHASERS MAY BE CONFISCATED BY THE ESTABLISHMENT
AND TURNED OVER TO A LAW ENFORCEMENT AGENCY.
IT IS ILLEGAL IF YOU ARE TWENTY-ONE YEARS OF AGE OR OLDER FOR
YOU TO PURCHASE WHISKEY, WINE, OR BEER FOR A PERSON UNDER TWENTY-ONE YEARS OF AGE.
FINES AND IMPRISONMENT MAY BE IMPOSED BY THE COURTS FOR
VIOLATION OF THESE PROVISIONS.
(i) (I) To sell malt, vinous, or spirituous liquors or fermented malt beverages
in a place where the alcohol beverages are to be consumed, unless the place is a
hotel, a restaurant, a tavern, an entertainment facility, a lodging facility, a
racetrack, a club, a retail gaming tavern, or an arts licensed premises or unless the
place is a dining, club, or parlor car; a plane; a bus; or other conveyance or facility of
a public transportation system.
(II) Notwithstanding subsection (6)(i)(I) of this section, it shall not be unlawful
for a retail liquor store, liquor-licensed drugstore, or fermented malt beverage and
wine retailer licensee to allow tastings to be conducted on his or her licensed
premises if authorization for the tastings has been granted pursuant to section 44-3-301.
(j) To display or cause to be displayed, on the licensed premises, any exterior
sign advertising any particular brand of malt liquors or fermented malt beverages,
unless the particular brand so designated in the sign is dispensed on draft or in
sealed containers within the licensed premises wherein the sign is displayed;
(k) (I) Except as provided in subsections (6)(k)(II), (6)(k)(IV), and (6)(k)(V) of
this section, to have on the licensed premises, if licensed as a retail liquor store,
liquor-licensed drugstore, fermented malt beverage retailer, or fermented malt
beverage and wine retailer, any container that shows evidence of having once been
opened or that contains a volume of liquor less than that specified on the label of
the container;
(II) (A) A person holding a retail liquor store or liquor-licensed drugstore
license under this article 3 may have upon the licensed premises malt, vinous, or
spirituous liquors in open containers when the open containers were brought on the
licensed premises by and remain solely in the possession of the sales personnel of a
person licensed to sell at wholesale pursuant to this article 3 for the purpose of
sampling malt, vinous, or spirituous liquors by the retail liquor store or liquor-licensed drugstore licensee only.
(B) A person holding a fermented malt beverage and wine retailer's license
under section 44-4-107 (1)(a) may have upon the licensed premises fermented malt
beverages and wine in open containers when the open containers were brought
onto the licensed premises by and remain solely in the possession of the sales
personnel of a person licensed to sell at wholesale pursuant to article 4 of this title
44 for the purpose of sampling fermented malt beverages and wine by the
fermented malt beverage and wine retailer licensee only.
(III) Nothing in this subsection (6)(k) applies to any liquor-licensed drugstore
where the contents, or a portion of the contents, have been used in compounding
prescriptions.
(IV) It is not unlawful for a retail liquor store, liquor-licensed drugstore, or
fermented malt beverage and wine retailer licensee to allow tastings to be
conducted on the licensed premises if authorization for the tastings has been
granted pursuant to section 44-3-301.
(V) A person holding a retail liquor store or liquor-licensed drugstore license
under this article 3 or a fermented malt beverage and wine retailer's license under
section 44-4-107 (1)(a) may have upon the licensed premises an open container of
an alcohol beverage product that the licensee discovers to be damaged or
defective so long as the licensee marks the product as damaged or for return and
stores the open container outside the sales area of the licensed premises until the
licensee is able to return the product to the wholesaler from whom the product was
purchased.
(l) To employ or permit, if the person is licensed to sell alcohol beverages for
on-premises consumption or is the agent or manager of said licensee, any
employee, waiter, waitress, entertainer, host, hostess, or agent of said licensee to
solicit from patrons in any manner, for himself or herself or for any other employee,
the purchase of any food, beverage, or any other thing of value;
(m) To require a wholesaler to make delivery to any premises other than the
specific hotel and restaurant premises where the alcohol beverage is to be sold and
consumed if the person is a hotel and restaurant licensee or the manager of a hotel
and restaurant license requires the delivery;
(n) (I) To authorize or permit any gambling, or the use of any gambling
machine or device, except as provided by the Bingo and Raffles Law, part 6 of
article 21 of title 24. This subsection (6)(n) does not apply to those activities,
equipment, and devices authorized and legally operated pursuant to articles 30 and
32 of this title 44.
(II) A person who violates any provision of this subsection (6)(n) is guilty of a
class 5 felony and, upon conviction thereof, shall be punished as provided in section
18-1.3-401.
(o) To authorize or permit toughperson fighting as defined in section 12-110-104;
(p) (I) (A) To permit a person under eighteen years of age to sell, dispense, or
participate in the sale or dispensing of any alcohol beverage; or
(B) Except as provided in subsection (6)(p)(II) of this section, to employ a
person who is at least eighteen years of age but under twenty-one years of age to
sell or dispense malt, vinous, or spirituous liquors unless the employee is supervised
by another person who is on the licensed premises and is at least twenty-one years
of age; except that this subsection (6)(p)(I)(B) does not apply to a retail liquor store
licensed under section 44-3-409 or a liquor-licensed drugstore licensed under
section 44-3-410;
(II) If licensed as a tavern under section 44-3-414 that does not regularly
serve meals or an entertainment facility under section 44-3-428 that does not
regularly serve meals, to permit an employee who is under twenty-one years of age
to sell malt, vinous, or spirituous liquors; or
(III) If licensed as a retail liquor store under section 44-3-409, a liquor-licensed drugstore under section 44-3-410, or a fermented malt beverage and wine
retailer under section 44-4-107 (1)(a), to permit an employee or any other person
who is under twenty-one years of age to deliver malt, vinous, or spirituous liquors or
fermented malt beverages and wine offered for sale on, or sold and removed from,
the licensed premises of the retail liquor store, liquor-licensed drugstore, or
fermented malt beverage and wine retailer;
(q) To knowingly permit the illegal sale, or negotiations for the sale, of a
controlled substance, as defined in section 18-18-102 (5), on the licensee's licensed
premises. This subsection (6)(q) does not prohibit a pharmacy licensed by the state
board of pharmacy from selling lawfully prescribed controlled substances at a
liquor-licensed drugstore.
(7) It is unlawful for any importer, manufacturer, or brewer to sell or to bring
into this state for purposes of sale any malt liquor without causing the same to be
unloaded and placed in the physical possession of a licensed wholesaler at the
wholesaler's licensed premises in this state and to be inventoried for purposes of
tax collection prior to delivery to a retailer or consumer.
(8) (a) It is unlawful for any person licensed pursuant to this article 3 or
article 4 of this title 44 to give away fermented malt beverages for the purpose of
influencing the sale of any particular kind, make, or brand of any malt beverage and
to furnish or supply any commodity or article at less than its market price for said
purpose, except advertising material and signs.
(b) Notwithstanding subsection (8)(a) of this section, it shall not be unlawful
for a retail liquor store, liquor-licensed drugstore, or fermented malt beverage and
wine retailer licensee to allow tastings to be conducted on his or her licensed
premises if authorization for the tastings has been granted pursuant to section 44-3-301.
(9) Repealed.
(10) (a) (I) Except as provided in subsection (10)(c) of this section, it is
unlawful for a person who is licensed to sell alcohol beverages for consumption on
the licensed premises to knowingly permit the removal of an alcohol beverage from
the licensed premises.
(II) (A) Except as provided in subsection (10)(a)(II)(C) of this section, the
licensee shall not be charged with permitting the removal of an alcohol beverage
from the licensed premises when the licensee has posted a sign at least ten inches
wide and six inches high by each exit used by the public that contains the following
notice in type that is at least one-half inch in height:
WARNING
DO NOT LEAVE THE PREMISES OF THIS ESTABLISHMENT WITH AN
ALCOHOL BEVERAGE.
IT IS ILLEGAL TO CONSUME AN ALCOHOL BEVERAGE IN A PUBLIC PLACE.
A FINE OF UP TO $250 MAY BE IMPOSED BY THE COURTS FOR A
VIOLATION OF THIS PROVISION.
(B) A person licensed pursuant to section 44-3-416 must post a sign with the
specified notice and in the minimum type size required by subsection (10)(a)(II)(A) of
this section that is at least twelve inches wide and eighteen inches high.
(C) Regardless of whether a licensee posts a sign as specified in subsection
(10)(a)(II) of this section, the licensee may be charged with knowingly permitting the
removal of an alcohol beverage from the licensed premises if the licensee shows
reckless disregard for the prohibition against alcohol beverage removal from the
licensed premises, which may include permitting the removal of an alcohol
beverage from the licensed premises three times within a twelve-month period,
regardless of whether the three incidents occur on the same day or separate days.
A licensee may be charged with knowingly permitting the removal of an alcohol
beverage from the licensed premises upon the third occurrence of alcohol beverage
removal from the licensed premises.
(III) In addition to posting a sign as described in subsection (10)(a)(II) of this
section, a licensee may also station personnel at each exit used by the public in
order to prevent the removal of an alcohol beverage from the licensed premises.
(b) This subsection (10) applies to persons licensed or permitted to sell or
serve alcohol beverages for consumption on the licensed premises pursuant to
section 44-3-403, 44-3-411, 44-3-412, 44-3-413, 44-3-414, 44-3-415, 44-3-416, 44-3-417, 44-3-418, 44-3-419, 44-3-420, 44-3-421, 44-3-422, 44-3-424, 44-3-426,
44-3-428, or 44-4-107 (1)(b).
(c) This subsection (10) does not preclude a licensee described in section 44-3-423 (2) from permitting a customer to remove from the licensed premises one
opened container of partially consumed vinous liquor that was purchased on the
licensed premises and has been resealed, as permitted by section 44-3-423 (1).
(11) (a) Except as provided in subsection (11)(b) of this section, a retail
licensee or an employee of a retail licensee shall not sell malt, vinous, or spirituous
liquors or fermented malt beverages to a consumer for consumption off the
licensed premises unless the retail licensee or employee verifies that the consumer
is at least twenty-one years of age by requiring the consumer to present a valid
identification, as determined by the state licensing authority by rule. The retail
licensee or employee shall make a determination from the information presented
whether the purchaser is at least twenty-one years of age.
(b) It is not unlawful for a retail licensee or employee of a retail licensee to
sell malt, vinous, or spirituous liquors or fermented malt beverages to a consumer
who is or reasonably appears to be over fifty years of age and who failed to present
an acceptable form of identification.
(c) As used in this subsection (11), retail licensee means a person licensed
under section 44-3-409, 44-3-410, 44-4-104 (1)(c), or 44-4-107 (1)(a).
Legislative History
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