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