Check the legislation at the time of the original charge. They shortly afterwards changed it. Penalties call for up to a year as memory serves, that alone makes it a criminal offense.
Let's review the text of the law. Let's begin with 24-34-603, which says:
The county court in the county where the offense is committed shall have jurisdiction in all civil actions brought under this part 6 to recover damages to the extent of the jurisdiction of the county court to recover a money demand in other actions. Either party shall have the right to have the cause tried by jury and to appeal from the judgment of the court in the same manner as in other civil suits.
Ooopppsss...the statute refers to cause of actions as "all CIVIL actions" commenced under part 6.
What is part 6? "Part 6" is the entirety of the 600s dealing with discrimination by public accommodations, including 603 cited above. Section 24-34-601 tells us what is meant by "part 6." Colorado statute 24-34-601 states
(1) As used in this part 6, “place of public accommodation” means...
(2.5) It is a discriminatory practice and unlawful for any person to discriminate against any individual or group because such person or group has opposed any practice made a discriminatory practice by this part 6 or because such person or group has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing conducted pursuant to this part 6.
We can cross reference 601, 602, and 603 with each other. 602 says:
(1)(a) Any person who violates
section 24-34-601 shall be fined not less than fifty dollars nor more than five hundred dollars for each violation.
A person aggrieved by the violation of section 24-34-601 shall bring an action in any court of competent jurisdiction in the county where the violation occurred. Upon finding a violation, the court shall order the defendant to pay the fine to the aggrieved party.
602 says a person "aggrieved by the violation of 601," and recall 601 defines public accommodation and prohibits discrimination by public accommodations.
So, 602 says someone discriminated against in violation of 601 "shall bring an action in any court of competent jurisdiction in the county where the violation occurred." This language should sound familiar because 603 discusses which courts have jurisdiction for 601 violations. Remember, 603 says, "
The county court in the county where the offense is committed shall have jurisdiction in all civil actions brought under this part 6..."
So connecting the dots between 601, 602, and 603, a person aggrieved by a violation under 601 shall commence a cause of action in "any court of competent jurisdiction" and a court of competent jurisdiction is the country court "where the offense is committed." Finally, connecting 602 and 603 together illustrates violations of 601 constitute as the "
all civil actions brought under this part 6..." (connecting the language in 602, which references violations of section 601, "
A person aggrieved by the violation of section 24-34-601 shall bring an action in any court of competent jurisdiction in the county where the violation occurred" to 603 language regarding courts of competent jurisdiction, "
The county court in the county where the offense is committed shall have jurisdiction in all civil actions brought under this part 6..."
From this we deduce violations of 601 are civil actions, civil actions which shall be brought in a court of competent jurisdiction, and the competent court of jurisdiction is the county court where the offense (offense being violation of 601) is to have been committed.
It's civil.