Code of Colorado Regulations
1200 - Department of Agriculture
1208 - State Fair Authority
8 CCR 1208-1 - COLORADO STATE FAIR AUTHORITY RULES
Article 9 - Statements of Basis, Specific Statutory Authority and Purpose
Section 8 CCR 1208-1-9.4 - Adopted May 27, 2020Effective July 30, 2020

Specific Statutory Authority

The specific statutory authority for this rule-making is at section 35-65-401(9)(j), C.R.S., which provides authority to the Colorado State Fair Authority Board of Commissioners to "adopt rules."

Purpose of the Rulemaking

The Colorado State Fair Authority Board of Commissioners (the "Board") proposed these rule amendments as part of its regulatory review process and to amend the rules in the following ways.

In the "Definitions" section, the Board amended the definitions of "camping," "Colorado State Fairgrounds," "service animal," and "weapon or dangerous object" to provide clarity to these terms. The Board split apart the definitions of "concession" and "carnival" to identify that concessionaires and the carnival are separate activities. The Board modified the definition of "PIN" to comport with the definition in federal law, which has changed since the last rule amendments, and the Board removed the definition of "National Animal Identification System (NAIS)" because that system has, since the last rule amendments, been discontinued on the federal level. The Board updated the definition of "service animal" to match the definition in the Americans with Disabilities Act.

Throughout the rule, the Board harmonized the use of "shall" and "must," removed references to the district attorney's authority relative to fair-time activities because such reference is unnecessary, and the Board modified the use of the terms "Authority," "Board," "Manager," and "Fairgrounds" to be consistent with nomenclature and to identify more clearly the source of any authority exercised on the grounds.

With regard to alcohol consumption and concessions in Article 4, the Board separated the duties of concessions relative to alcohol sales to identify that a concession always has an obligation to verify the age of a purchaser of alcoholic beverages and that a concession has an obligation, during non-fair-time activities, to provide appropriate security when the concession is selling alcohol.

The Board removed Article 7 and included the addition of show ring ethics into premium books to provide greater flexibility to the Board to consider show-ring ethics annually as part of its premium book publication.

The Board changed the prohibition on weapons to exclude from the prohibition any person who has a lawful permit to carry a handgun to comply with the language in section 18-12-201, C.R.S., et seq., and to exclude pocketknives with blades not exceeding 3.5 inches to make the rule consistent with state law.

As to additions to the rule, the Board added Article 6.3(b) to ensure that the Board's on-grounds policies regarding behavior and conduct could be enforced against violators as a violation of policy and Board rule. The Board also added Article 8.1(a)(iv) to direct that the annual premium books must include grounds for competitor disqualification along with appeal and grievance procedures to ensure fair and consistent competitions during the annual Fair and Exposition. The Board added Article 8.1(d) that in the event of a declared emergency the Board shall make necessary modifications to published premium books on or before August 1. Finally, the Board added into Article 8.2(b) that entrants may enter the annual event through the Fair's on-line entry portal to ease and expedite entry.