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City faces legal battle over underage alcohol sting operation

September 18, 2024 | Boulder, Boulder County, Colorado


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City faces legal battle over underage alcohol sting operation
During a recent government meeting, significant discussions arose regarding a liquor license violation involving the Lab Bar Bites, where two underage operatives were allegedly served alcohol on May 9, 2024. The city contends that this incident constitutes a clear violation of state law, specifically referencing Colorado Revised Statute 44-3-901, which addresses the use of fraudulent proof of age.

The city argues that the statute does not adequately define what constitutes fraudulent proof of age, leading to differing interpretations. The city maintains that the IDs presented by the operatives were obviously invalid, citing discrepancies in physical appearance and identification details. Officer Recht testified that the IDs did not match the operatives, asserting that a reasonable person would not have accepted them.

Conversely, representatives from the Waffle Lab argued that the city is prohibited from pursuing a violation based on the use of fraudulent IDs. They emphasized that the statutory language explicitly states that actions relying on fraudulent proof of age should not lead to license revocation or suspension. They further criticized the sting operation, claiming it was not a proper use of police resources and did not align with state guidelines for compliance checks.

The Waffle Lab's counsel pointed out that the city failed to provide credible evidence that the IDs were invalid, arguing that the testimony from Officer Recht was insufficient. They highlighted that the burden of proof lies with the city to demonstrate that the IDs were not valid, and without concrete evidence, the case against the Waffle Lab should be dismissed.

As the meeting concluded, the authority faced the challenge of reconciling these conflicting interpretations of the law while determining the appropriate course of action regarding the alleged violation. The outcome of this case could have implications for how compliance checks are conducted in the future and the responsibilities of liquor licensees in verifying identification.

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Scribe from Workplace AI
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