HomeMy WebLinkAboutOrdinance-1990-0850
INTRODUCED BY COUNCILMEMBER
SELSTAD
Ordinance No. 850
Series of 1990
TITLE:
AN ORDINANCE REPEALING AND REENACTING SECTIONS 16-127 AND
16-177 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE,
INVOLVING OFFENSES RELATED TO THE POSSESSION AND
CONSUMPTION OF ALCOHOLIC BEVERAGES BY MINORS AND ADULTS
IN PUBLIC PLACES WITHIN THE CITY, AND REPEALING AND
REENACTING SECTION 17-47 OF THE CODE OF LAWS OF THE CITY
OF WHEAT RIDGE RELATING TO PARK RULES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
section 1. section 16-127 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 16-127. Possession of alcohol in public places;
purchases by or for minors; sales to minors.
(a) It is unlawful for any person to pooac3a or consume any
fermented malt beverage, OR ANY malt, vinous or spirituous liquor,
~hcther ouch pooac33ion io actual or con3tructivc, in any public
place, or upon property owned, operated, leased or maintained by
the state or any political subdivision or agency thereof, or upon
property owned, operated, leased or maintained by the city;
provided, however, that it shall not be a violation of this
provision to store or consume any fermented malt beverage, OR ANY
malt, vinous, or spirituous liquor in conformance with, and
pursuant to the terms of, any validly issued permit or license, or
as provided in section 17-47.
(b) IT IS UNLAWFUL FOR ANY PERSON TO POSSESS FOR PURPOSES OF
IMMEDIATE CONSUMPTION ANY OPEN OR UNSEALED CONTAINER OF ANY
FERMENTED MALT BEVERAGE, OR ANY MALT, VINOUS OR SPIRITUOUS LIQUOR,
WHETHER SUCH POSSESSION IS ACTUAL OR CONSTRUCTIVE, IN A PUBLIC
PLACE, OR UPON PROPERTY OWNED, OPERATED, LEASED OR MAINTAINED BY
THE STATE OR ANY POLITICAL SUBDIVISION OR AGENCY THEREOF, OR UPON
PROPERTY OWNED, OPERATED, LEASED OR MAINTAINED BY THE CITY.
SYMPTOMS OF ALCOHOL INTOXICATION, OR THE ODOR OF AN ALCOHOLIC
BEVERAGE ON THE BREATH OF A PERSON IN POSSESSION OF ANY OPEN OR
UNSEALED CONTAINER OF ANY FERMENTED MALT BEVERAGE OR ANY MALT,
VINOUS OR SPIRITUOUS LIQUOR SHALL BE PRIMA FACIE EVIDENCE OF
POSSESSION FOR PURPOSES OF IMMEDIATE CONSUMPTION. IT SHALL NOT BE
A VIOLATION OF THIS PROVISION TO STORE OR CONSUME ANY FERMENTED
MALT BEVERAGE, OR ANY MALT, VINOUS OR SPIRITUOUS LIQUOR IN
CONFORMANCE WITH, AND PURSUANT TO THE TERMS OF, ANY VALIDLY ISSUED
PERMIT OR LICENSE, OR AS PROVIDED IN SECTION 17-47.
(e) It io unlawful for any per30n under the age of eighteen
(18) year3 to purcha3e or obtain, or to attempt to purcha3e or
obtain, either directly or t~rough an inter~e~iary, anY,fermented
malt beverage, malt, v~nOU3 or oplrltuou3 l~quor by
miorepre3entation of age or by any other means.
(d) It is unlawful for any peroon to purchaoe or procure or
obtain <my fermented malt beverage, malt, ...inouo or opirituou3
liquor ~ith the intent to procure for, oell to, or provide a malted
beverage to any per30n under the age of eighteen (13) year3.
(c) It is unlawful for any person under the age of twenty-
one (21) years to purchase or obtain, or to attempt to purchase or
obtain, either directly or through an intermediary, ANY FERMENTED
MALT BEVERAGE OR any malt, vinous or spirituous liquor by
misrepresentation of age or by any other means.
(d) It is unlawful for any person to purchase or procure or
obtain ANY FERMENTED MALT BEVERAGE OR any malt, vinous, or
spirituous liquor with the intent to procure for, sell to, or
provide ANY FERMENTED MALT BEVERAGE OR ANY malt, vinous, or
spirituous liquor to any person under the age of twenty-one (21)
years.
(e) IT IS UNLAWFUL FOR ANY PERSON TO SELL, SERVE, GIVE AWAY,
DISPOSE OF, EXCHANGE OR DELIVER OR PERMIT THE SALE, SERVING,
GIVING, OR PROCURING OF ANY FERMENTED MALT BEVERAGE OR ANY MALT,
VINOUS OR SPIRITUOUS LIQUOR TO A VISIBLY INTOXICATED PERSON, OR TO
A KNOWN HABITUAL DRUNKARD.
(f) IT IS UNLAWFUL FOR ANY VISIBLY INTOXICATED PERSON, OR ANY
KNOWN HABITUAL DRUNKARD TO POSSESS OR CONSUME ANY FERMENTED MALT
BEVERAGE, OR ANY MALT VINOUS OR SPIRITUOUS LIQUOR, WHETHER SUCH
POSSESSION IS ACTUAL OR CONSTRUCTIVE, IN ANY PUBLIC PLACE, OR UPON
PROPERTY OWNED, OPERATED, LEASED OR MAINTAINED BY THE STATE OR ANY
POLITICAL SUBDIVISION OR AGENCY THEREOF, OR UPON PROPERTY OWNED,
OPERATED, LEASED OR MAINTAINED BY THE CITY. THIS PROVISION SHALL
APPLY REGARDLESS OF WHETHER ANY BOTTLE, CAN OR OTHER CONTAINER FOR
SUCH FERMENTED MALT BEVERAGE OR SUCH MALT, VINOUS OR SPIRITUOUS
LIQUOR IS SEALED, UNSEALED OR OPEN.
(g) DURING ANY TRIAL FOR A VIOLATION OF THIS SECTION, ANY
BOTTLE, CAN, OR ANY OTHER CONTAINER WITH LABELING INDICATING THE
CONTENTS OF SUCH BOTTLE, CAN, OR CONTAINER, AND THE INFORMATION
CONTAINED ON ANY SUCH LABEL, SHALL BE ADMISSIBLE INTO EVIDENCE AND
SHALL NOT CONSTITUTE HEARSAY. A JURY OR A JUDGE, WHICHEVER IS
APPROPRIATE, SHALL CONSIDER THE INFORMATION UPON SUCH LABEL AS
PRIMA FACIE EVIDENCE OF THE CONTENTS OF THE BOTTLE, CAN, OR OTHER
CONTAINER. A LABEL WHICH IDENTIFIES THE CONTENTS OF ANY BOTTLE,
CAN, OR OTHER CONTAINER AS "BEER," "ALE," "MALT BEVERAGE,"
"FERMENTED MALT BEVERAGE," "MALT LIQUOR," "WINE," "CHAMPAGNE,"
"WHISKEY" OR "WHISKY," "GIN," "VODKA," "TEQUILA," "SCHNAPPS,"
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"BRANDY," "COGNAC," "LIQUEUR," "CORDIAL," "ALCOHOL," OR "LIQUORII
SHALL CONSTITUTE PRIMA FACIE EVIDENCE THAT THE CONTENTS OF THE
BOTTLE, CAN, OR OTHER CONTAINER WAS COMPOSED IN WHOLE OR IN PART
OF AN ALCOHOLIC BEVERAGE PROHIBITED BY THIS SECTION.
(h) IN ENFORCING THE PROVISIONS OF THIS SECTION 16-127,
ENFORCEMENT SHALL NOT BE UNDERTAKEN UPON PRIVATE PROPERTY WHICH,
FOR PURPOSES OF THIS SECTION MEANS ANY DWELLING AS WELL AS THE LOT
AREA ASSOCIATED WITH SAID DWELLING, INCLUDING FRONT, REAR AND SIDE
YARDS, WHICH IS USED BY A NATURAL PERSON OR NATURAL PERSONS FOR
HABITATION AND WHICH IS NOT OPEN TO THE PUBLIC, AND PRIVATELY OWNED
REAL PROPERTY WHICH IS NOT OPEN TO THE PUBLIC. PRIVATE PROPERTY
SHALL NOT INCLUDE:
I. ANY ESTABLISHMENT WHICH HAS OR IS REQUIRED TO HAVE
A LICENSE PURSUANT TO ARTICLE 46, 47 OR 48 OF TITLE 12, C.R.S.; OR
II.
BEVERAGES, OR
FERMENTED MALT
SOLD; OR
ANY ESTABLISHMENT WHICH SELLS FERMENTED MALT
MALT, VINOUS OR SPIRITUOUS LIQUOR OR UPON WHICH
BEVERAGES, OR MALT, VINOUS OR SPIRITUOUS LIQUOR ARE
III. ANY ESTABLISHMENT WHICH LEASES, RENTS OR PROVIDES
ACCOMMODATIONS TO MEMBERS OF THE PUBLIC GENERALLY.
section 2. section 16-177 of the Code of Laws of the city of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 16-177. possession of alcohol BY MINOR.
(a) It is unlawful for any person under the age of twenty-
one (21) years to possess or consume any fermented malt beverage,
OR ANY malt, vinous or spirituous liquor, whether such possession
is actual or constructive, in any public place, or upon property
owned, operated, leased or maintained by the state or any political
subdivision or agency thereof, or upon any property owned,
operated, leased or maintained by the city. THIS PROVISION SHALL
APPLY REGARDLESS OF WHETHER ANY BOTTLE, CAN OR OTHER CONTAINER FOR
SUCH FERMENTED MALT BEVERAGE OR SUCH MALT, VINOUS OR SPIRITUOUS
LIQUOR IS SEALED, UNSEALED OR OPEN.
(b) DURING ANY TRIAL FOR A VIOLATION OF THIS SECTION, ANY
BOTTLE, CAN, OR ANY OTHER CONTAINER WITH LABELING INDICATING THE
CONTENTS OF SUCH BOTTLE, CAN, OR CONTAINER, AND THE INFORMATION
CONTAINED ON ANY SUCH LABEL, SHALL BE ADMISSIBLE INTO EVIDENCE AND
SHALL NOT CONSTITUTE HEARSAY. A JURY OR A JUDGE, WHICHEVER IS
APPROPRIATE, SHALL CONSIDER THE INFORMATION UPON SUCH LABEL AS
PRIMA FACIE EVIDENCE OF THE CONTENTS OF THE BOTTLE, CAN, OR OTHER
CONTAINER. A LABEL WHICH IDENTIFIES THE CONTENTS OF ANY BOTTLE,
CAN, OR OTHER CONTAINER AS "BEER," "ALE," "MALT BEVERAGE,"
"FERMENTED MALT BEVERAGE," "MALT LIQUOR," "WINE," "CHAMPAGNE,"
"WHISKEY" OR "WHISKY," "GIN," "VODKA," "TEQUILA," "SCHNAPPS,"
J
"BRANDY," "COGNAC," "LIQUEUR," "CORDIAL," "ALCOHOL," OR "LIQUOR"
SHALL CONSTITUTE PRIMA FACIE EVIDENCE THAT THE CONTENTS OF THE
BOTTLE, CAN, OR OTHER CONTAINER WAS COMPOSED IN WHOLE OR IN PART
OF AN ALCOHOLIC BEVERAGE PROHIBITED BY THIS SECTION.
(c) IN ENFORCING THE PROVISIONS OF THIS SECTION 16-177,
ENFORCEMENT SHALL NOT BE UNDERTAKEN UPON PRIVATE PROPERTY WHICH,
FOR PURPOSES OF THIS SECTION MEANS ANY DWELLING AS WELL AS THE LOT
AREA ASSOCIATED WITH SAID DWELLING, INCLUDING FRONT, REAR AND SIDE
YARDS, WHICH IS USED BY A NATURAL PERSON OR NATURAL PERSONS FOR
HABITATION AND WHICH IS NOT OPEN TO THE PUBLIC, AND PRIVATELY OWNED
REAL PROPERTY WHICH IS NOT OPEN TO THE PUBLIC. PRIVATE PROPERTY
SHALL NOT INCLUDE:
I. ANY ESTABLISHMENT WHICH HAS OR IS REQUIRED TO HAVE
A LICENSE PURSUANT TO ARTICLE 46, 47 OR 48 OF TITLE 12, C.R.S.; OR
II.
BEVERAGES, OR
FERMENTED MALT
SOLD; OR
ANY ESTABLISHMENT WHICH SELLS FERMENTED MALT
MALT, VINOUS OR SPIRITUOUS LIQUOR OR UPON WHICH
BEVERAGES, OR MALT, VINOUS OR SPIRITUOUS LIQUOR ARE
III. ANY ESTABLISHMENT WHICH LEASES, RENTS OR PROVIDES
ACCOMMODATIONS TO MEMBERS OF THE PUBLIC GENERALLY.
Section 3. Section 17-47 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
SECTION 17-47. ALCOHOLIC BEVERAGES.
The storage or consumption of any alcoholic beverage or
alcoholic liquor, as defined in the Colorado Liquor Code, is
prohibited in any park or recreation area within the City EXCEPT
AS SPECIFICALLY PROVIDED HEREIN. The consumption and/or storage
of fermented malt beverages containing not more than three and two
tenths (3.2) percent of alcohol by weight is permitted in any park
or recreation area within the City so long as, and only so long as,
such fermented malt beverages have been purchased in a manner
authorized, and are being consumed, by persons permitted by
applicable state law. It shall be unlawful to sell any fermented
malt beverage within any park or recreation area within the City
unless such sales are made pursuant to a License or permit granted
by the city council, and unless such sales are made in accordance
with the Colorado Beer Code (C.R.S. ~ 12-46-101, et sea.) PROVIDED
FURTHER THAT STORAGE AND CONSUMPTION OF ALCOHOLIC BEVERAGES OR
ALCOHOLIC LIQUOR SHALL BE PERMITTED AT DESIGNATED CITY OWNED PARK
OR RECREATION AREA FOR CONSUMPTION IN CONJUNCTION WITH AN EVENT
SANCTIONED AND AUTHORIZED BY THE DIRECTOR OF PARKS AND RECREATION,
OR HIS DESIGNEE, PURSUANT TO SECTION 17-24 HEREOF, AND PROVIDED
FURTHER THAT SUCH ALCOHOLIC BEVERAGES ARE NEITHER SOLD TO, SERVED
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TO, NOR CONSUMED BY ANY PERSON NOT AUTHORIZED BY THE COLORADO
LIQUOR CODE (C.R.S. S 12-47-101 et seq.) OR THE CODE OF LAWS OF THE
CITY OF WHEAT RIDGE TO POSSESS OR CONSUME SUCH ALCOHOLIC BEVERAGES.
THE DIRECTOR OF PARKS AND RECREATION IS HEREBY AUTHORIZED TO
ESTABLISH RULES FOR THE SERVING AND CONSUMPTION OF ALCOHOLIC
BEVERAGES AT ALL SUCH CITY OWNED PARK OR RECREATION AREA.
Section 4. Severabilitv. If any clause, sentence, paragraph,
or part of this ordinance or the application thereof to any person
or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect
application to other persons or circumstances.
Section 5. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public, and
that this ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare.
The City Council further determines that the ordinance bears a
rational relation to the property legislative object sought to be
attained.
Section 6. This ordinance shall become effective 15
day(s) after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 24th day of Seotember , 1990,
ordered published in full in a newspaper of general circulation in
the city of Wheat Ridge and Public Hearing and consideration on
final passage set for Monday, October 22 , 1990, at
7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
10/22/90 Postponed until November 26, 1990.
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of 8 to 0 this 26th day of
November , 1990.
SIGNED by the Mayor on this
1990.
27th day of
November
A,-,-_ i ,-/<.-< .f.~
Dan Wilde, Mayor
ATTEST:
Wanda Sang, City Clerk
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APPROVED AS TO FORM BY
OFFICE OF'CIpY A~TORN~~
/ - '" I
. / '\ I
(~ "p -
John ~. Hayes, cIty, tor~ey
1st Publication: October 3, 1990 1/
2nd Publication: December 5, 1990
Applewood/Wheat Ridge Transcript:
Effective Date: December 20, 1990
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