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HomeMy WebLinkAboutOrdinance 2008-1412 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SANG Council Bill No. 08-2008 Ordinance No. 1412 Series of 2008 TITLE: AN ORDINANCE AMENDING CHAPTER 17 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING ALCOHOLIC BEVERAGES IN PARKS AND RECREATION AREAS. WHEREAS, the City Council has previously adopted Article II of Chapter 17 of the Wheat Ridge Code of Laws (the "Code"), concerning park rules; and WHEREAS, the Council wishes to amend Sections 17-27 and 17-42 of the Code to conform the same to applicable state statutes and to allow the Director of Parks and Recreation to permit use of glass beverage bottles for possession of certain alcoholic beverages in parks under specified circumstances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection (a) of Section 17-27 is amended to read as follows: Sec. 17-27. Alcoholic beverages. (a) The storage, SALE or consumption of any alcehelis liEjl,ler MALT, VINOUS OR SPIRITUOUS LIQUORS, as defined by the Colorado Liquor Code, is prohibited in any park, recreation area or recreation building within the city except as specifically provided herein OR AS MAY BE AUTHORIZED PURSUANT TO A SPECIAL EVENT PERMIT ISSUED BY THE CITY IN ACCORDANCE WITH ARTICLE 48, TITLE 12, COLORADO REVISED STATUTES. The consumption and/or storage of fermented malt l3evGFaljG 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 beverage has been purchased in a manner authorized, and is 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 SPECIAL EVENT permit granted by the city sGl,lnsil and unless such sales are made in accordance with the Colorado Beer Code. Section 2. Section 17-42 of the Code is amended as follows: Sec. 17-42. ~ containers. It shall be unlawful for any person to bring, or to have in his/her possession, any glass beverage bottle in any park, lake, or other recreational area or facility of the city, EXCEPT AS SUCH POSSESSION MAY BE APPROVED BY THE DIRECTOR OF PARKS AND RECREATION FOR AN EVENT OPEN TO THE PUBLIC AND FOR WHICH A SPECIAL EVENT PERMIT HAS BEEN ISSUED BY THE CITY IN ACCORDANCE WITH ARTICLE 48, TITLE 12, COLORADO REVISED STATUTES. SUCH APPROVAL MAY BE GRANTED BY THE DIRECTOR ONLY UPON SATISFACTION OF ALL OF THE FOLLOWING ADDITIONAL CONDITIONS: (a) THAT THE APPLICANT DEMONSTRATE TO THE SATISFACTION OF THE DIRECTOR THAT THE APPLICANT HAS CONTROL OVER THAT PORTION OF THE PARK IN WHICH THE APPLICANT WISHES TO POSSESS GLASS BEVERAGE BOTTLES BY THE USE OF FENCING OR OTHER APPROVED MEANS; (b) THAT THE GLASS BEVERAGE BOTTLES PERMITTED SHALL BE USED ONLY FOR POSSESSION OF WINE OR BEER; AND (c) SUBJECT TO ANY FURTHER CONDITIONS THE DIRECTOR FINDS TO BE APPROPRIATE UNDER THE CIRCUMSTANCES. Section 3. Safetv 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 proper legislative object sought to be attained. Section 4. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 14th day of April, 2008, 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, April 28, 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 6 to 0 , this 2.8th day of April , 2008. SIGNED by the Mayor on this 2008. 2.8th day of April L n()C ~ (!J Jerr I V:Rho: Mayor - ATTEST: ~ Michael Snow, City Clerk First Publication: April 17, 2008 Second Publication: May 1, 2.008 Wheat Ridge Transcript Effective Date: May 16, 2.008