Colorado § 6-25-101 - Definitions - evidence of intent.

§ 6-25-101. Definitions - evidence of intent.

(1) As used in this part 1, unless the context otherwise requires:

(a) "Agreement with the public establishment" means any written or verbal agreement as to the price to be charged for, and the acceptance of, food, beverage, service, or accommodations where the price to be charged therefor is printed on a menu or schedule of rates shown to or made available by a public establishment to the patron and includes the acceptance of the food, beverage, service, or accommodations for which a reasonable charge is made.

(b) "Public establishment" means an establishment selling or offering for sale prepared food or beverages to the public generally or any establishment leasing or renting overnight sleeping accommodations to the public generally, including, but not exclusively, a restaurant, café, dining room, lunch counter, coffee shop, boarding house, hotel, motor hotel, motel, or rooming house, unless the rental is on a month-to-month basis or a longer period of time.

(2) It is evidence of an intent to defraud that food, service, or accommodations were given to a person who gave false information concerning the person's name or address, or both, in obtaining the food, service, or accommodations or that the person removed or attempted to remove the person's baggage from the premises of the public establishment without giving notice of the person's intent to do so to the public establishment. This subsection (2) does not constitute the sole means of establishing evidence that a person accused under this part 1 had an intent to defraud. Proof of intent to defraud may be made by any facts or circumstances sufficient to establish the intent to defraud beyond a reasonable doubt as provided by law.

(3) If any person, partnership, or corporation by written or verbal complaint or otherwise institutes or causes to be instituted a prosecution for a violation of this section and thereafter, regardless of whether restitution is sought or received from the alleged offender, fails to cooperate in the full prosecution of the alleged offender without reasonable cause, the court having jurisdiction, on motion of the prosecuting attorney appearing therein and after notice to the person, partnership, or corporation and an opportunity to be heard, may give judgment against the person, partnership, or corporation and in favor of the county wherein prosecution was commenced for all costs of the prosecution, including a reasonable allowance for the time of the prosecuting attorney.

Source: L. 2017: Entire article added with relocations, (HB 17-1245), ch. 240, p. 985, § 1, effective August 9. L. 2021: (2)(b) added by revision, (SB 21-271), ch. 462, pp. 3135, 3331, §§ 66, 803. L. 2026: Entire section amended, (HB 26-1426), ch. 334, p. 2018, § 76, effective August 12.

Editor's note: (1) This section is similar to former § 12-44-101 as it existed prior to 2017.

(2) Subsection (2)(b) provided for the repeal of subsection (2), effective March 1, 2022. (See L. 2021, pp. 3135, 3331.)