Section 9-8-1. Definitions. As used in this Article 8 of Chapter 9 of the Municipal Code:

"Child" or "Juvenile" -- means any person under the age of eighteen (18) years.

"Fermented Malt Beverage" -- shall mean and include any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops, or any other similar product or any combination thereof in water containing less than one-half of one percent alcohol by volume.

"Loiter" -- shall mean to remain idle in essentially one location, to be dilatory, to tarry, to dawdle and shall include but not be limited to, standing around, hanging out, sitting, kneeling, sauntering or prowling.

"Malt Liquor" -- includes beer and shall be construed to mean and include any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops or any similar product or combination thereof in water containing not less than one-half of one percent alcohol by volume.

"Minor" -- means any person under the age of twenty-one (21) years.

"Spirituous Liquor" -- means any alcoholic beverage obtained by distillation, mixed with water and other substances in solution, and includes, among other things, brandy, gin, rum, vodka, whiskey and every other liquid or solid, patented or not, containing alcohol and which is fit for use for beverage purposes. Any liquid or solid containing beer or wine in combination with any other liquor except as provided in this article shall not be malt or vinous liquors but shall be construed to be spirituous liquors.

"Vinous Liquor" --means wine and fortified wines not exceeding twenty-one percent (21%) of alcohol by volume and shall be construed to mean an alcoholic beverage obtained by this fermentation of the natural sugar contents of fruit or other agricultural products containing sugar.

"Sexual intercourse" --means copulation between two persons.

"Bestiality" -- means copulation between a person and an animal, bird or reptile.

"Genital contact" --means and includes any touching of or intrusion into the genital or anal openings of the body of a person by an object or thing, or by any part of the body of the same person, another person or an animal.

"Ethyl alcohol" -- means any substance which is or contains ethyl alcohol, including fermented malt beverages, malt liquor, vinous liquor or spirituous liquor.

"Possession of alcohol" -- means that a person has or holds any amount of ethyl alcohol anywhere on his person, or that a person owns or has custody of ethyl alcohol, or has ethyl alcohol within his immediate presence and control.

"Tobacco or Nicotine Products" -- means products that contain tobacco or nicotine or are made or derived from tobacco, prepared in such a manner to be suitable for any manner of consumption or absorption into a person's body, and electronic devices that can be used to deliver nicotine or tobacco to the person using the device, including but not limited to cigarettes, cigars, electronic cigarettes, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco, snuff, snuff flour, cavendish, plug and twist tobacco, fine-cut and other chewing tobaccos, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco.

[Source: Ord. 1093, 1994; 1134, 1995; 1681, 2014; 1775, 2019]

Section 9-8-2. Culpability.

No child under the age of ten (10) years shall be charged, prosecuted or penalized for the violation of an ordinance of the City of Northglenn.

The provisions of Section 9-8-2(a) shall not be deemed or construed to exempt from responsibility, culpability or prosecution any person who induces, aids, encourages or causes a child under the age of ten (10) years to engage in conduct or commit an act which violates an ordinance of the City of Northglenn.

[Source: Ord. 1093, 1994]

Section 9-8-3. Inducing or Causing Child to Engage in Unlawful Conduct.

It is unlawful for any person knowingly to induce, aid, or encourage a child to engage in conduct or commit an act which violates an ordinance of the City of Northglenn.

It is unlawful for any person knowingly to cause a child to engage in conduct or commit an act which violates an ordinance of the City of Northglenn.

It is unlawful for any person having the care, custody or control of any child as a parent or guardian to permit such child to engage in conduct which violates an ordinance of the City of Northglenn, if such person:

Is present at the time and place of the offense; and

has knowledge of the act or conduct in which such child is engaging.

[Source: Ord. 1093, 1994]

Section 9-8-4. Illegal Possession or Consumption of Alcohol by Minor.

Any minor who possesses or consumes ethyl alcohol anywhere in the City of Northglenn commits illegal possession or consumption of alcohol by a minor. Illegal possession or consumption of alcohol by a minor is a strict liability offense.

The possession or consumption of alcohol shall not constitute a violation of this section if such possession or consumption takes place for religious purposes protected by the First Amendment to the United States Constitution.

Prima facie evidence of a violation of subsection (a) of this section shall consist of:

Evidence that the defendant was under the age of twenty-one (21) years and possessed or consumed alcohol anywhere in the City; or

Evidence that the defendant was under the age of twenty-one (21) years and manifested any of the characteristics commonly associated with alcohol intoxication or impairment while present anywhere in this City.

During any trial for a violation of this section, any bottle, can, or any other container with labeling indicating the contents of such bottle, can, or container shall be admissible into evidence, and the information contained on any label on such bottle, can, or other container shall be admissible into evidence and shall not constitute hearsay. A judge may consider the information upon such label in determining whether the contents of the bottle, can, or other container were composed in whole or in part of alcohol. A label which identifies the contents of any bottle, can, or other container as "beer," "ale," "malt beverage," "fermented malt beverage," 'malt liquor," "wine," "champagne," "whiskey," or "whisky," "gin," "vodka," "tequila," "schnapps," "brandy," "cognac," "liqueur," "cordial," "alcohol" or "liquor" shall constitute prima facie evidence that the contents of the bottle, can or other container was composed in whole or in part of alcohol.

It is unlawful for any minor to attempt to purchase, purchase or obtain, either directly or through an intermediary, any fermented malt beverage, or any malt, vinous or spirituous liquor by misrepresentation of age, or by any other means whatsoever.

[Source: Ord. 1093, 1994]

Section 9-8-5. Beer, Wine and Liquor--Procuring for a Minor, Sales to a Minor. It is unlawful for any person to purchase for consumption or possession by, or to otherwise provide for consumption or possession by, or to sell to, any minor, any fermented malt beverage malt, or any malt,vinous or spirituous liquor.

[Source: Ord. 1125, 1995]

Section 9-8-6. Legislative Declaration. The City Council finds and declares that the materials described and regulated by Section 9-8-7 to 9-8-8 of this ordinance are offensive to community standards of morality, conduct and behavior, and that regulation of the distribution and exhibition of such materials to children is necessary to the preservation of public peace, health and safety.

[Source: Ord. 1093, 1994]

Section 9-8-7. Obscene Materials, Sales. It is unlawful for any person to give, sell or offer for sale to a child any written, printed, photographed, copied or drawn material pictorially or graphically depicting or representing an act of sexual intercourse, bestiality, genital contact, cunnilingus, fellatio, anilingus, masturbation, anal excretory function or urination.

[Source: Ord. 1093, 1994]

Section 9-8-8. Exhibition of Motion Pictures.

It is unlawful for the exhibitor, or any person employed by or subject to the direction of the exhibitor, of any motion picture depicting or representing an act of sexual intercourse, bestiality, genital contact, cunnilingus, fellatio, anilingus, masturbation, human anal excretory function or human urination:

To exhibit such motion picture to a child, or

To admit a child to any theatre or enclosure in which such motion picture is being exhibited.

It is unlawful for the exhibitor, or any person employed by or subject to the direction of the exhibitor, of any motion picture depicting or representing an act of sexual intercourse, or depicting or representing an exhibition of human genitals, to admit a child to any theatre or enclosure in which such motion picture is being exhibited, except when:

Such child is accompanied into such theatre or enclosure by a parent or guardian; or

The written consent of a parent or guardian of such child is first obtained; or

The exhibition of such motion picture is made by an accredited public or private school, college or university for educational purposes.

[Source: Ord. 1093, 1994]

Section 9-8-9. Sale of Tobacco Products to Children. It shall be unlawful for any person, individual, association, partnership, corporation or any other entity to sell any tobacco or nicotine product, including but not limited to cigars, cigarettes, electronic cigarettes, pipe tobacco, chewing tobacco, snuff or smokeless tobacco to any child.

[Source: Ord. 1093, 1994; 1681, 2014]

Section 9-8-10. Curfew Hours and Exceptions.

It shall be unlawful for any juvenile to loiter upon any street, alley, or other public place after the hour of 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday to 5:00 a.m. the following day after each, and between the hours of 1:00 a.m. and 5:00 a.m. on any Saturday or Sunday.

It shall be unlawful for any parent, guardian, or other person having legal care or custody of any juvenile to allow or permit, either by affirmative act or by omission to act, any such juvenile to loiter upon any street, alley, or other public place after the hour of 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday to 5:00 a.m. the following day after each, and between the hours of 1:00 a.m. and 5:00 a.m. on any Saturday or Sunday.

It shall not be a violation of this section if the juvenile is accompanied by the parent or legal guardian or if the juvenile is traveling to or from work or is performing duties related to the juvenile's work.

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1093, 1994; 1122, 1995; 1801, 2020]

Section 9-8-11. Unlawful Possession or Consumption of Tobacco or Nicotine Products by Juveniles.

It shall be unlawful for any juvenile to possess, consume or use, either by burning, ingesting, absorbing or chewing, any tobacco or nicotine products within the City of Northglenn.

Prima facie evidence of a violation of this Section shall consist of:

Evidence that the defendant was under the age of 21 years at the time of the offense;

Evidence that the defendant possessed tobacco or nicotine products within the City of Northglenn;

Evidence that the defendant was in the possession or control of any package or container, when the label affixed thereto identified said package or container as containing a tobacco or nicotine product.

It shall be a defense to a violation of this Section if the nicotine product is possessed by the juvenile pursuant to a validly dispensed prescription for the nicotine product in the juvenile's name.

Any juvenile who is convicted of or enters a plea of guilty or no contest to a violation under this Section shall be fined not more than $499.00 per offense, or shall be sentenced to perform useful community service, or shall be both fined and ordered to perform useful community service.

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1134, 1995; 1681, 2014; 1801, 2020; 1803, 2020]

Section 9-8-12. Alcoholic Beverages -- Violations of State Statutes, State Regulations or City Regulations -- Penalties.

It is unlawful for any person to violate: any provision of Article 4, Colorado Beer Code, Article 3, Colorado Liquor Code, or Article 5, Liquors, Special Events Permits of Title 44, C.R.S.; any rule or regulation of the Colorado Department of Revenue promulgated pursuant to such statutes; or any regulation contained in the City of Northglenn Beer and Liquor Regulations, as amended.

Except as otherwise provided in subsection (c), violations of this Section shall be punishable, upon conviction, by a fine of not more than nine hundred ninety-nine dollars ($999.00), or by imprisonment for a period of time not to exceed one hundred eighty (180) days, or by both such fine and imprisonment. In no case shall the fine imposed for any such violation be less than five hundred dollars ($500.00), and the fine shall not be reduced below this minimum by plea bargain or otherwise.

A conviction for serving alcohol to an underage person shall be punishable, upon conviction, by a mandatory minimum fine of five hundred dollars ($500.00). Imprisonment for a period of time not to exceed one hundred eighty (180) days may be imposed in addition to, but not in lieu of, the mandatory minimum fine. In no case shall the fine imposed for any such violation be less than five hundred dollars ($500.00), and the fine shall not be reduced below this minimum by plea bargain or otherwise.

The penalties contained in this Section are distinct from, and may be imposed in addition to, any proceedings or penalties relating to the suspension or revocation of an alcoholic beverage license.

[Source: Ord. 1372, 2004; 1426, 2006; 1452, 2006; 1759, 2018]

Section 9-8-13. Marijuana -- Procuring for or by a Minor, Sales to a Minor.

It is unlawful for any person to purchase for consumption or possession by, to otherwise provide for consumption or possession by, or to sell to, any person under the age of twenty-one (21) years, marijuana as defined in subsection 9-9-2(a) of this Chapter.

It is unlawful for any person under the age of twenty-one (21) to possess, attempt to purchase, purchase or obtain marijuana as defined in subsection 9-9-2(a) of this Chapter, either directly or indirectly, or through an intermediary, by misrepresentation of age or by any other means.

[Source: Ord. 1646, 2013]