Violations relating to signage and admission of persons under twentyone years of age - limitation on fines.

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(1) For a violation of section 25-14-204 (2) or (3), the penalty shall be as follows:

  1. A written warning for a first violation committed within a twenty-four-month period;and

  2. Fines as specified in section 25-14-208 (3) for a second or subsequent violation within a twenty-four-month period.

(2) Notwithstanding subsection (1) of this section, a fine for a violation of section 25-14204 (2) or (3) shall not be imposed upon a retailer that can establish as an affirmative defense that, prior to the date of the violation, the retailer:

  1. Had adopted and enforced a written policy against allowing persons under twentyone years of age to enter the premises;

  2. Had informed the retailer's employees of the applicable laws regarding the prohibition against persons under twenty-one years of age entering or remaining in areas where smoking is permitted;

  3. Required employees to verify the age of persons on the premises by way of photographic identification; and

  4. Had established and imposed disciplinary sanctions for noncompliance.

  1. The affirmative defense established in subsection (2) of this section may be usedonly twice at each location within any twenty-four-month period.

Source: L. 2019: Entire section added, (HB 19-1076), ch. 337, p. 3097, § 8, effective July 1. L. 2020: IP(2), (2)(a), and (2)(b) amended, (HB 20-1001), ch. 302, p. 1504, § 3, effective July 14.

Editor's note: Section 19 of chapter 302 (HB 20-1001), Session Laws of Colorado 2020, provides that the act changing this section applies to offenses committed on or after July 14, 2020.


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