[Ord. 463, 1991]
For purposes of this Code, the following words shall have the meanings ascribed hereafter:
ALCOHOLIC BEVERAGES or ALCOHOLIC LIQUORS
Means malt, vinous or spirituous liquors.
FERMENTED MALT BEVERAGE
Means any beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops or any similar product or any combination thereof in water containing not less than one-half of one percent (0.5%) and not more than three and two-tenths percent (3.2%) alcohol by weight.
MALT LIQUORS
Includes beer and shall be construed to mean 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 more than three and two-tenths percent (3.2%) of alcohol by weight.
SPIRITUOUS LIQUORS
Means any alcoholic beverage obtained by distillation, mixed with water and other substances in solution, and includes among other things brandy, rum, whiskey, gin and every liquid or solid, patented or not, containing at least one-half of one percent (0.5%) 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 malt liquors and vinous liquors shall be construed to be spirituous liquor.
VINOUS LIQUORS
Means wine and fortified wines which contain not less than one-half of one percent (0.5%) and not more than twenty-one percent (21%) of alcohol by volume and shall be construed to mean alcoholic beverage obtained by the fermentation of the natural sugar contents of fruits or other agricultural products containing sugar.
[Ord. 458, 1990; Ord. 472, 1992]
(a) 
It shall be unlawful for any person to serve, consume or have any open container of alcoholic, malt, vinous or spirituous liquor or fermented malt beverage when on, in or using by conveyance or otherwise, any public street, parking lot, alley, park, public place, avenue or sidewalk, within the Town limits.
(b) 
Subsection (a) above is subject to and modified to the extent it is in conflict with Section 11-86 authorizing the consumption of 3.2 beer in Hays Park.
(c) 
This Section shall not apply to the serving or consumption of alcoholic beverages in the Johnstown Community Center when the service or consumption of alcoholic beverages is in conjunction with an event sponsored by nonprofit organizations or authorized social gatherings (such as banquets, luncheons, wedding receptions, class reunions) held in the area specified, provided that no fee is charged for the alcoholic beverages.
[Prior Code 3-3]
It shall be unlawful for any person to sell, offer or expose for sale or gift, beer or any vinous, spirituous or malt liquors within a distance of five hundred (500) feet from any private, public or parochial school, said distance to be computed by direct measurement from the nearest property lines. However, this prohibition shall not affect the rights of any person holding a lawful permit or license to conduct such business within the restricted area hereby established; nor shall this prohibition prevent the renewal upon the expiration thereof of any license in effect at such time authorizing such business within the restricted area hereby established.
[Prior Code 3-4]
It shall be unlawful for any person to sell malt, vinous or spirituous liquors as defined by state law to any person under the age of twenty-one (21) years or to permit any malt or vinous liquors to be sold or dispensed by a person under twenty-one (21) years of age, or spirituous liquors to be sold or dispensed by a person under twenty-one (21) years of age, or to permit any such person to participate in the sale or dispensing thereof.
[Ord. 463, 1991]
(a) 
It is unlawful to sell fermented malt beverages with an alcoholic content of three point two percent (3.2%) or less to any person under the age of twenty-one (21) years, or to any person between the hours of midnight and 5:00 a.m., or for any person under twenty-one (21) years to purchase or possess the same. It is unlawful to permit any fermented malt beverages with an alcoholic content of three point two percent (3.2%) or less to be sold or dispensed by a person under the age of twenty-one (21) years or to permit any such person to participate in the sale or dispensing thereof.
(b) 
It is unlawful for any person under the age of twenty-one (21) years to represent himself or herself to be of the age of twenty-one (21) years or more for the purpose of purchasing within the Town any fermented malt beverage with an alcoholic content of three point two percent (3.2%) or less.
(c) 
It is unlawful for any person over the age of twenty-one (21) years to purchase or attempt to purchase three point two percent (3.2%) beer for a person under the age of twenty-one (21) years.
(d) 
It is unlawful to fail to display at all times in a prominent place on premises licensed for retail sale a printed card with a minimum height of fourteen (14) inches and a width of eleven (11) inches, with each letter to be a minimum of one-half (½) inch in height, which shall read as follows:
WARNING
IT IS ILLEGAL TO SELL 3.2 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 OVER FOR YOU TO PURCHASE 3.2 BEER FOR A PERSON UNDER TWENTY-ONE YEARS OF AGE.
FINES AND IMPRISONMENT MAY BE IMPOSED BY THE COURTS FOR VIOLATION OF THESE PROVISIONS.
[Ord. 478, 1992]
(a) 
As used in this Section, unless the context otherwise requires:
ESTABLISHMENT
Means a business, firm, enterprise, service or fraternal organization, club, institution, entity, group or residence, and any real property, including buildings and improvements connected therewith, and shall also include any members, employees and occupants associated therewith.
PRIVATE PROPERTY
Means any dwelling and its curtilage which is being used by a natural person or natural persons for habitation and which is not open to the public, and privately owned real property which is not open to the public. Private property shall not include:
a. 
Any establishment which has or is required to have a license pursuant to Article 46, 47 or 48 of Title 12, C.R.S.;
b. 
Any establishment which sells alcoholic beverages or upon which alcoholic beverages are sold; or
c. 
Any establishment which leases, rents or provides accommodations to members of the public generally.
(b) 
Any person under twenty-one (21) years of age who possesses or consumes alcoholic beverages anywhere in the Town commits illegal possession or consumption of alcoholic beverages by an underage person. Illegal possession or consumption of alcoholic beverages by an underage person is a strict liability offense.
(c) 
It shall be an affirmative defense to the offense described in Subsection (b) above that the alcoholic beverages were possessed or consumed by a person under twenty-one (21) years of age under the following circumstances:
(1) 
While such person was legally upon private property with the knowledge and consent of the owner or legal possessor of such private property and the alcoholic beverages were possessed or consumed with the consent of his or her parent or legal guardian who was present during such possession or consumption; or
(2) 
When the existence of alcoholic beverages in a person's body was due solely to the ingestion of a confectionery which contained alcoholic beverages within the limits prescribed in Section 25-5-410(1)(i)(II), C.R.S., or the ingestion of any substance which was manufactured, designed or intended primarily for a purpose other than oral human ingestion, or the ingestion of any substance which was manufactured, designed or intended solely for medicinal or hygienic purposes or solely from the ingestion of a beverage which contained less than one-half of one percent (0.5%) of alcoholic beverages by weight.
(d) 
The possession or consumption of alcoholic beverages 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.
(e) 
Prima facie evidence of this violation of Subsection (b) above shall consist of:
(1) 
Evidence that the defendant was under the age of twenty-one (21) years and possessed or consumed alcoholic beverages anywhere in the Town; or
(2) 
Evidence that the defendant was under the age of twenty-one (21) years and manifested any of the characteristics commonly associated with alcoholic beverages intoxication or impairment while present anywhere in the Town.
(f) 
During any trial for a violation of Subsection (b) above, 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 not constitute hearsay. A jury or a judge, whichever is appropriate, 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 alcoholic beverages. 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," "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 were composed in whole or in part of alcoholic beverages.