An Overview of Colorado’s Alcohol Laws
Alcohol consumption and purchase are regulated by a combination of state law and local ordinances. Permits and licenses to sell alcohol are necessary for most establishments, and the Colorado Department of Revenue’s Liquor and Beer Industry manages the various alcohol programs in the state. The Colorado Liquor Code establishes the general framework for alcohol laws in Colorado. The minimum legal drinking age in Colorado is 21. Colorado has a special "Underground Space" exception to the minimum legal drinking age; this exception allows licensed establishments in the basement or above the second floor of a building to sell alcohol to patrons between 18 and 20 years of age who possess valid identification. For example , restaurants and hotels located in basement kitchen or storage spaces may qualify for this exception under the right circumstances.
The possession of alcohol on school property or on the property of a facility licensed to serve alcohol to patrons who are at least 18 years of age, with the consent of a parent or guardian, is also legal under Colorado law. A facility does not have to hold a liquor license to allow minors to participate in its activities as long as the parent or guardian is present. The laws governing the use of alcohol in relation to school activities are more specific; therefore, contact the school district for specific questions.
How Parents and Guardians Impact the Minor Drinking Laws
Parents or guardians over the age of 21 can legally give their child alcohol. There are, however, strict guidelines in these circumstances. Parents or judicially appointed guardians can provide alcohol to their own children 18 years of age and older for certain illustrative purposes. This includes consumption of alcohol by the child in the presence of the parent or guardian and within the confines of the parent’s home or property. The possession or use by a minor of an alcoholic beverage in this case is allowed and not an offense under Colorado Revised Statutes. The consumption of alcohol by a minor at a restaurant is not legal unless it is provided or permitted by a parent or guardian over the age of 21 who is present. Colorado Revised Statutes Section 18-13-122(5)(a),(b). It is important that the consumption or use is done in the presence of the parent or guardian who may supervise and control the underage person.
If underage individuals are allowed or encouraged to consume alcohol on the parent’s or guardian’s property, then the parent or guardian may be civilly responsible for injuries or death caused by the drunk driver. This is called "social host liability" and is a civil action against the parents of an underage DUI. This is separate from criminal charges for providing alcohol to an underage person and bodes no 18.5 presumption of innocence or burden of proof of beyond a reasonable doubt. A civil suit has a lower burden of proof such as "preponderance of the evidence" or "more likely than not" that the underage person was drinking on the parents’ property.
Exceptions and Exemptions From Drinking with Your Parents
While underage drinking remains a serious crime in Colorado, when you are with your parents or legal guardian your actions can be excused in certain situations. For example, in Colorado, there are two distinct legal exceptions where the law allows a minor to drink — one for drinking with parents or guardians at home and one that only applies to drinking at a liquor licensed establishment.
Section 44-3-901(10) of the Colorado Liquor Code allows minors who drink alcohol with their parents and guardians at home to do so without fear of arrest.
Misdemeanor, Section 44-3-901(11) (c ) (I), however, states that if this occurs at a liquor-licensed establishment, there is a class 2 petty offense charge for the first violation and a Class 1 misdemeanor for the second and all subsequent violations. Those who organize such events face even tougher legal sanctions. If a person, partnership, corporation, association or any other organization is found guilty of violating Section 44-3-901(11)(c) of the Colorado Liquor Code, the person, partnership, corporation, association or other organization is guilty of a class 2 misdemeanor.
Section 44-3-901(11) also outlines the legal restrictions that accompany its exception to the underage drinking law. Under this section, it is a crime to provide alcohol at a liquor-licensed establishment to a minor under 18 years of age when the minor is accompanied by any adult who is not their parent or legal guardian, is careless or negligent as to whether the minor consumes alcohol, and/or has reason to believe that the minor will consume alcohol. Under this section, organizations committing the above violations are liable to civil penalties.
The venue, time and amount of spirits consumed are also restricted by state law. A minor may not consume spirits anywhere other than at home, from 7 p.m. to 7 a.m., or in an "abar, restaurant, or other business establishment" with a liquor license unless the manager, owner or operator of that establishment permits the minor to be there.
Drinking Underage with Your Parents: Potential Penalties
Violating Colorado’s drinking laws can have serious consequences, both for the adult and for the person they are with – whether they are a minor or an adult. For example, since Colorado’s minimum drinking age is 21, if a parent gives alcohol to a minor without the intent of supervision, both the minor and the parent can be fined – this is a violation of the underage drinking laws, of which there are more than a few. Further, in some states, supplying alcohol to minor is considered a felony, so it can have serious long-term consequences on a parent’s life if they are caught doing so.
Like violations that relate to minors, violations where a parent is giving alcohol to a person who is over the legal drinking age can also have serious consequences. This includes situations where a parent allows an intoxicated person back into their home after the intoxicated person leaves a party hosted by the parent.
Cultural Aspects and Social Consequences
Understanding local culture is important in assessing the potential of an arrest for underage drinking in Colorado. If you are traveling, the standards of your own state are not likely to be the same as in Colorado. In some areas of Colorado, in mountain resort towns and small villages, there is a general understanding that there is often a different style of parenting . It is not hard to find parents dining at local restaurants with friends and their child at the table sharing an alcoholic beverage. We should not be surprised that these parents come from states with different laws. That said, Colorado parents may also have children who visit them from out of state. Here too, cultural and social niceties may apply to reduce the chances of your child being stopped, and then arrested, as is the case in much of Colorado.
Responsible Drinking Tips and Promoting Safe Practices
Parents in Colorado who choose to allow their minor child to drink alcoholic beverages supervised by them must be conscientious and take steps to minimize the risk that their child will suffer an injury or that the minor will injure someone else or be charged with a crime. Steps that parents can take in this regard include the following:
-only allow your child to consume alcohol when they will be sheltered from the elements and near ready medical help;
-always keep a close eye on your child to ensure that he is not drinking excessively, even if you are present;
-make sure that your child understands the dangers of alcohol and that his consumption of alcohol may result in their being injured, cause somebody else to be injured, or violate the state’s laws and be charged with a crime that could remain on their record for life;
-know the Alcoholic beverage regulations for your area and obey them whenever and wherever possible; and
-call the police when you believe that your child should not be consuming alcohol or they are violating the law.
Educational and Informational Resources
For those seeking further information on the laws surrounding minors in possession of alcohol in Colorado, there are several valuable resources available. The Colorado Department of Revenue’s Liquor Enforcement Division maintains a website where readers can find simplified summaries of key points regarding liquor law on the Colorado state level.
Along with state-level resources, there are a number of legal statutes pertaining to minors and alcohol, and the definition and scope of many crimes related to the subjects of this article, including minor in possession, unlawful acts pertaining to marijuana , and possession of alcohol by an underage person in or on the property of a primary caretaker. The Colorado Revised Statutes contain all of these criminal statutes and more.
As a final point, a parent or guardian with further questions or who is looking for specialized advice related to their circumstances should consider hiring a criminal lawyer licensed in Colorado. Your lawyer can help answer any questions about Colorado’s drinking laws and help you resolve a situation if your family has already been involved in a case related to minor in possession or another drinking law violation.