(1) (a) No river outfitter shall operate a river-outfitting business without a valid license as prescribed by section 33-32-104 or without insurance as provided in section 33-32-105 (1)(b). Any river outfitter that violates this paragraph (a): (I) Commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3- 501, C.R.S.; (II) Is liable for an administrative penalty of five times the annual licensing fee established pursuant to section 33-32-104 (2). (b) If the river outfitter is a corporation, violation of this subsection (1) shall result in the officers of said corporation jointly and severally committing a class 2 misdemeanor, and said officers shall be punished as provided in section 18-1.3-501, C.R.S. (2) It is unlawful for any river outfitter, guide, trip leader, or guide instructor to: (a) Violate the safety equipment provisions of section 33-13-106. Any person who violates the provisions of this subsection (2)(a) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars; except that any person who fails to have one personal flotation device for each person on board as required by section 33-13-106 (3)(a) commits a class 2 misdemeanor. (b) Operate a vessel in a careless or imprudent manner without due regard for river conditions or other attending circumstances, or in such a manner as to endanger any person, property, or wildlife. Any person who violates the provisions of this subsection (2)(b) commits a petty offense and, upon conviction, shall be punished by a fine of one hundred dollars. (b.5) Allow another person to operate a vessel without due regard for river conditions or other attending circumstances or in such a manner as to endanger any person, property, or wildlife. A person who violates this subsection (2)(b.5) commits a petty offense and, upon conviction, shall be punished by a fine of one hundred dollars. (c) Operate a vessel with wanton or willful disregard for the safety of persons or property. Any person who violates the provisions of this subsection (2)(c) commits a class 2 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501. (3) (Deleted by amendment, L. 94, p. 1229, § 6, effective July 1, 1994.) (4) (a) No river outfitter or guide shall operate or maintain physical control of or allow any other person to operate or maintain physical control of a vessel on a regulated trip if such river outfitter, guide, or person is under the influence of alcohol or any controlled substance or any combination thereof, as specified in section 33-13-108.1. (b) Any person who violates this subsection (4) commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
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