Denver Municipal Code Chapter 38 Article I

Sec. 38-1. – Scope.

Sec. 38-2. – Conspiracy.

Sec. 38-3. – Use or offer of false identification.

Sec. 38-4. – Recruitment of strikebreakers.

Sec. 38-5. – Alcoholic beverages, bottles and cans prohibited in certain facilities.

Sec. 38-6. – Removal of manufacturer’s serial numbers.

Sec. 38-7. – Smoking in retail food establishments.

Sec. 38-8. – Smoking prohibited within certain public premises adjoining hospital properties.

Secs. 38-9—38-30. – Reserved.

 

Sec. 38-1. – Scope.

All offenses in this chapter shall apply to the Denver Mountain Parks and every other area, either within or outside the corporate limits of the city, the use of which the city has jurisdiction and authority to regulate.

(Code 1950, § 801.1)

Sec. 38-2. – Conspiracy.

It shall be unlawful for any person to conspire with any other person to commit any act which is a violation of a provision of this Code.

(Code 1950, § 846.5-3)

State law reference— Conspiracy, C.R.S. 1973, 18-2-201 et seq.

Sec. 38-3. – Use or offer of false identification.

It shall be unlawful for any person to offer, use or attempt to offer or use any means, manner, type or kind of paper, document, card, license or any other evidence of the identification of such person for the purpose of making sales or purchases of commodities, cashing checks, making other monetary transactions, to gain admission to any place, or for any other purpose whatsoever where such means, manner, type or kind of identification offered or used, or which is attempted to be offered or used, is false, fraudulent or incorrect in any manner or way, or which misrepresents such person so offering or using the same, or who attempts to offer or use, the same, or which does not belong to such person, or which is altered, forged, defaced, or changed in any respect; except such changes as are required or authorized by law.

(Code 1950, § 826.1)

Sec. 38-4. – Recruitment of strikebreakers.

It shall be unlawful for any person not directly involved in a labor strike or lock-out to recruit any person for employment, or to secure or offer to secure for any person any employment when the purpose of such recruiting, securing or offering to secure employment, is to have such person take the place in employment of employees in an establishment, plant or company, or of an industry located within the city where a labor strike or block-out exists; provided, that this section shall not apply to any employment agency licensed as such by the state.

(Code 1950, § 848.1)

Sec. 38-5. – Alcoholic beverages, bottles and cans prohibited in certain facilities.

(a)

It shall be unlawful for any person to carry or bring any beverage having alcoholic content, or any bottle or can into the Denver Mile High Stadium, located within the city near the intersection of West 20th Avenue and Decatur Street, without the written permission of the manager of parks and recreation; except as otherwise provided under subsection (c).

(b)

It shall be unlawful for any person to carry or bring any beverage having alcoholic content, or any bottle or can, except as otherwise provided under subsection (c), into any of the following public facilities, without the written permission of the manager of general services:

(1)

The Denver Auditorium Arena, located within the city at 1323 Champa Street;

(2)

The Denver Auditorium Theatre, located within the city near the intersection of 14th Street and Curtis Street;

(3)

The Currigan Convention Hall, located within the city at 838-14th Street;

(4)

The Denver Auditorium Conference Rooms, located within the city at 1331 Champa Street;

(5)

The Denver Coliseum, located within the city near the intersection of East 46th Avenue and Humboldt Street;

(6)

The William H. McNichols, Junior, Sports Arena, located within the city near the intersection of West 17th Avenue and Clay Street;

(7)

The Red Rocks Amphitheatre, located outside the city in Red Rocks Park, Denver Mountain Parks System;

(8)

The Boettcher Concert Hall, located within the city near the intersection of 13th and Champa Streets.

(c)

Nothing in this section shall be construed to forbid the bringing or carrying of beverages having alcoholic content, or any bottles or cans, used or required in connection with any religious ceremony, the medical or physical condition of any person, or food or formulae for babies, into the public facilities of the city listed in this section.

(d)

It shall be unlawful to sell any beverage having alcoholic content at the Denver Mile High Stadium, the William H. McNichols, Junior, Sports Arena, the Denver Auditorium, the Denver Auditorium Theatre, the Currigan Convention Hall, the Denver Auditorium Conference Rooms, the Denver Coliseum, the Boettcher Concert Hall, or the Red Rocks Amphitheater at any concert, stage performance, or other event unless the manager of the department responsible for the facility has authorized such sale in writing.

(e)

In making the decision with respect to the sale of alcoholic beverages, the managers of general services and parks and recreation shall consult with the promoter of the event and with the concessionaire at the facility where the event will take place, at the time the event is booked, and promptly render the decision.

(Code 1950, §§ 849.1, 849.2, 849.3; Ord. No. 159-84, § 1, 4-9-84; Ord. No. 401-87, § 1, 7-20-87; Ord. No. 688-87, § 1, 11-30-87)

Cross reference— Alcoholic beverages generally, Ch. 6.

Sec. 38-6. – Removal of manufacturer’s serial numbers.

(a)

It shall be unlawful for any person other than the manufacturer, or a person acting pursuant to authority from the manufacturer, to remove, alter, deface or substitute a manufacturer’s serial number, distinguishing number or distinguishing mark on, or attached to any machine, apparatus, equipment, device or other thing, other than a motor vehicle, or to any part thereof; or for any person to sell or offer for sale any such item other than a motor vehicle from which the manufacturer’s serial number, distinguishing number, or distinguishing mark has been removed, defaced or substituted, unless before selling or offering the same for sale the person files with the police department a verified statement showing the source of the title, the proper manufacturer’s serial number, distinguishing number, or distinguishing mark, if known; the manner of and reason for such mutilation, change, alteration, removal, concealment or defacement, if known; the date of acquisition; the person from whom acquired; and the price paid therefor.

(b)

In all actions for the violation of this section, the fact that a manufacturer’s serial number, distinguishing number, or distinguishing mark, on or attached to any machine, apparatus, equipment, device or thing, or any part thereof, has been removed, altered, defaced or substituted, shall be prima facie evidence that the same was so removed, altered, defaced or substituted intentionally and by a person other than the manufacturer and other than a person acting pursuant to authority from the manufacturer.

(c)

This section shall not be applicable to any person offering for sale or selling any device, machine, apparatus, equipment, thing or any part thereof, therein mentioned pursuant to statute or ordinances or pursuant to any judgment, order, decree, writ or other direction or process of court, nor to the immediate or remote vendors from such person of any therefor.

(Code 1950, §§ 827.1—827.3)

Sec. 38-7. – Smoking in retail food establishments.

It shall be unlawful to smoke or carry burning tobacco in any retail food establishment such as a supermarket, grocery store, or convenience store, except in enclosed areas which are primarily used by and for employees who are not working with food. Persons found in violation of this section 38-7 shall be subject to a fine of not more than three hundred dollars ($300.00).

(Ord. No. 352-84, § 1, 7-9-84)

Cross reference— Smoking in retail food establishments, § 23-20(18); environmental tobacco smoke control, § 24-301 et seq.

Sec. 38-8. – Smoking prohibited within certain public premises adjoining hospital properties.

(a)

Definitions. For the purposes of this section, the following words and phrases have the meaning set forth below:

(1)

Flow line means the face of the curb and gutter, or if no curb and gutter, the edge of the pavement.

(2)

Hospital has the meaning set forth in subsection 59-2(141) of this Code.

(b)

Prohibition.

(1)

It shall be unlawful to smoke or possess burning tobacco, including cigarettes, cigars, pipes, tobacco smoking devices, or any other lighted smoking equipment, on the public right-of-way (including sidewalks, tree lawns, and alleys) adjoining hospitals and other hospital-owned properties or properties leased by any hospital, up to the closest flow line. This prohibition does not apply to persons in moving vehicles in alleys.

(c)

[Posting of signs.] Hospitals shall post “No Smoking” or “Smoke Free” signs, or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) or both in conspicuous places on their property(ies) sufficient to provide public notice of this smoking prohibition. Failure to post signage under this section is not punishable under this Code.

(d)

[Absence of signs not a defense.] Notwithstanding the hospitals’ responsibility to post signs, the presence or absence of signs shall not be a defense to a violation of any provision of this section. A person found to be in violation of this subsection 38-8(b)(1) is subject to a fine up to three hundred dollars ($300.00) per violation.

(Ord. No. 436-08, § 1, 8-18-08)



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