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HomeMy WebLinkAboutOrdinance-1996-1020 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SILER Council Bill No, 2 Ordinance No. 1020 Senes of 1996 TITLE AN ORDINANCE CONCERNING NOTIFICATION OF CERT AJ'\J CONDUCT IN LICENSED PREMISES WHEREAS, the CIty of Wheat Ridge has authonty to lIcense and control the sale of alcoholIc beverages within the City, and WHEREAS, It IS In the Interest of the publIc health, safety and welfare that disturbances In premises lIcensed to sell alcoholIc beverages be promptly reported. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS SectIOn I The Wheat Ridge code of Laws IS amended by the additIOn of a new Section I I-54 entttled "NotificatIOn of Certain Conduct in Licensed Premises," to read (a) DefinitIOns For purposes of this SectIOn, the follOWing terms are defined (1) Disorderly Conduct: a person commits disorderly conduct If they intentIOnally, knowingly, or recklessly a, Make a coarse and obVIOusly offenSIve utterance, gesture or display In a publtc place when such utterance, gesture or display causes Injury or tends to inVite an Immediate breach of the peace b Abuse or threaten a person In a public place In an obViously offenSive manner c Fight With another In a publIc place, except as a partICipant In a sporting event. (2) A.ssault A person commIts assault If they knowingly or recklessly cause bodily Injury to another person, or With cnmlllal neglIgence causes bodily InJury to another (3) Premises for purposes of thiS Seclle n, pre!lll<;e IS that area;:s defined In the Liquor LIcense (b) Reports Any licensee and Its employees shall Immediately report to the Police Department of the CIty any unlawful or disorderly act, conduct or dIsturbance committed on the premises (c) Warning sIgns to be dISplayed Each licensee shall post and keep at all tImes Visible to the public In a conspIcuous place on the premIses, a sIgn to be provIded by the CIty Clerk's office whIch shall be In the follOWing form "WARNING: The City of Wheat Ridge Police must be notified of all disturbances including disorderly conduct and assault which occur in this licensed establishment." (d) Absence of licensee not a defense It shall not be a defense to a prosecutIon of a LIcensee under thIS SectIOn that the licensee was not personally present on the premIses at the tIme such unlawful or dIsorderly act, conduct or dIsturbance was commItted, provIded, however, that an agent, servant or employee of the licensee shall not be responSIble hereunder when such agent, servant or employee IS absent from the premIses (e) FaIlure to comply WIth the requIrements of this SectIOn may be conSIdered by the licensing authonty In any action relating to revocatIOn, suspensIOn or nonrenewal of a license A VIOlation of thIS sectIOn IS also a cnmInal offense, pUlllshable by a fine or ImprISOnment, or both, as provided in SectIOn 1-5 of thIS Code SectIOn 2" Safety Clause, The CIty councIl hereby finds, determines, and declares that thiS Ordmance 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 the public convelllence and welfare The CIty Council further determines that the Ordinance bears a ratIOnal relatIOn to the proper legislative object sought to be attained, SectIon 3. SeverabIlity, If any clause, sentence, paragraph, or part of thIS Ordinance or ApplicatIOn thereof to any person or cIrcumstances shall for any reason be Judged by a court of competent JUrISdictIOn invalid, such Judgment shall not affect, ImpaIr or Invalidate the remamder of thIS Ordinance or Its applicatIOn to other persons or cIrcumstances SectIon 4. ThIS Ordinance shall take effect 1 <; days after final publication INTRODUCED, READ, AND ADOPTED on first readmg by a vote of 8 to 0 on this 8th day of January, 1996, ordered published in full m a newspaper of general CirculatIOn m the City of Wheat Ridge and Public Heanng and consideratIon on final passage set for February 12, 1996 at 7 000' clock pm, m the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED oon second and final readmg by a vote of 11- to Jl..... , this 26th day of February, 1996 SIGNED by the Mayor on this ?7t-11 day of 'Ppl1r"~ry , 1996 ~~ DAN WILDE, MAYOR ATTEST APPROVE.I;> AS TO FORM BY CITY /7 ATT~NP,Y i r ~ ' h' , ':: ~T ~4i/ f11J!AtJ~!// GERALD E DAHL, CITY ATTORNEY IstPubl1catlOn January 18, 1996 2nd Publication. March 7, 1996 Wheat Ridge Sentmel Effective Date March 22, 1996