(1) For a violation of section 25-14-204(2) or (3), the penalty shall be as follows: (a) A written warning for a first violation committed within a twenty-four-month period; and(b) 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 25-14-204(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:(a) Had adopted and enforced a written policy against allowing persons under twenty-one years of age to enter the premises;(b) 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;(c) Required employees to verify the age of persons on the premises by way of photographic identification; and(d) Had established and imposed disciplinary sanctions for noncompliance.(3) The affirmative defense established in subsection (2) of this section may be used only twice at each location within any twenty-four-month period.Amended by sciplinary sanctions for noncompliance.(3) The affirmative defense established in subsection (2) of this section may be used only twice at each location within any twenty-four-month period.Amended by 2020 Ch. 302,§ 3, eff. 7/14/2020.Added by 2019 Ch. 337,§ 8, eff. 7/1/2019.L. 2019: Entire section added, (HB 19-1076), ch. 3097, p. 3097, § 8, effective July 1. L. 2020: IP(2), (2)(a), and (2)(b) amended, (HB 20-1001), ch. 1504, p. 1504, § 3, effective July 14.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.
Colorado Legal Code