HomeMy WebLinkAbout2022 Ordinance No. 0011
BY AUTHORITY
ORDINANCE NO. 1 COUNCIL BILL NO. 53
SERIES OF 2021/22 INTRODUCED BY COUNCIL
MEMBER ANDERSON
AN ORDINANCE AMENDING TITLE 5, CHAPTER 3, SECTION 5-3C-3
OF ENGLEWOOD MUNICIPAL CODE AND REPEALING PROVISIONS
OF ORDINANCE NO. 30 SERIES OF 2021 REGARDING POSSESSION OF
OPEN CONTAINERS OF INTOXICATING LIQUOR IN PUBLIC WITHIN
THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, on March 10, 2020 Jared Polis, the Governor of the State of Colorado,
declared a statewide emergency in response to coronavirus (COVID-19); and
WHEREAS, on March 18, 2020 the City Council of the City of Englewood in response to
coronavirus (COVID-19) passed Ordinance No. 10, Series of 2020 declaring a public health
emergency as authorized by Englewood Municipal Charter §41; and
WHEREAS, Ordinance No. 10, Series 2020 granted to the City Manager full power and
authority to take certain actions and issue certain orders to protect the public health, safety, and
welfare in the face of the coronavirus (COVID-19); and
WHEREAS, the City Manager issued two emergency orders authorizing expanded
outdoor consumption of alcohol to allow patrons of alcohol-related businesses to continue to
frequent those businesses but still socially distance; and
WHEREAS, on the 19th day of July, 2021, City Council adopted Ordinance No. 30, Series
of 2021, repealing Emergency Ordinance No. 10, Series of 2020, but continuing authorization for
expanded outdoor consumption; and
WHEREAS, continued authorization for expanded outdoor consumption of intoxicating
liquor supports the patronage of businesses permitted for takeout alcoholic drinks located near the
expanded areas; and
WHEREAS, in order to permanently expand and authorize continued outdoor
consumption of intoxicating liquor, the City must amend Englewood Municipal Code Section 5-
3C-3.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Englewood Municipal Code
Title 5, Chapter 3, Section 5-3C-3 of Englewood Municipal Code is hereby amended to read as
follows (new provisions in italics, deleted provisions struck through):
5-3C-3: - Unlawful to Possess Open Container of Intoxicating Liquor in Public.
A. It shall be unlawful for any person to have in their his possession or under
their his control in any public place any intoxicating liquor in any container of
any kind or description which is not sealed or on which the seal is broken,
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notwithstanding any provision of C.R.S. § 44-3-423 to the contrary, a licensee
described in subsection 2 may permit a customer of the licensee to reseal and
remove from the licensed premises one (1) opened container of partially
consumed vinous liquor purchased on the premises so long as the originally sealed
container did not contain more than seven hundred fifty (750) milliliters of vinous
liquor.
B1. Exceptions.
(1) The following licensees may permit a customer of the licensee to reseal
and remove from the licensed premises one (1) opened container of partially
consumed vinous liquor purchased on the premises so long as the originally
sealed container did not contain more than seven hundred fifty (750) milliliters
of vinous liquor: The provisions of this section shall apply to a licensee:
(a) That is duly licensed as A manufacturer's licensee under Colorado
Revised Statutes § 44-3-402, a limited winery licensee under § 44-3-403,
a beer and wine licensee under C.R.S. § 44-3-411, a hotel and restaurant
licensee under C.R.S. § 44-3-413, a tavern licensee under C.R.S. § 44-3-
414, a brew pub licensee under C.R.S. § 44-3-417, or a vintner's restaurant
licensee under C.R.S. § 44-3-422; and
(b) A licensee that serves has meals, as defined in C.R.S. § 44-3-103(31),
available for consumption on the licensed premises.
(2) The Englewood Liquor Licensing Authority may grant a special event
permit or festival permit under the procedures set forth in the liquor code.
(3) The prohibition in section (A) shall not apply to alcoholic beverages
purchased from an On-Premises Licensee authorized by law to sell such
beverages for takeout and delivery, and consumed within the following areas:
The two City paseos located within the middle of the 3400 Block of
both the East and West sides of S. Broadway, specifically: Lot 37 &
Court 14.6 Ft Wide Blk 1 Enwood Add and Beg 50 Ft E & 275.2 Ft
N of S 1/4 Cor Sec 34-4-68 Th E 125 Ft Th N 57.5 Ft Th W 125 Ft
Th S 57.5 Ft to Beg Except S 18.9 Ft of Sec 34-4-68 less and except
any public rights of way.
CB. It shall be unlawful for any person to have in their his possession or under
their his control any intoxicating liquor in any container of any kind or description
which is not sealed or on which the seal is broken, in any vehicle in those areas
accessible to the driver and passengers of said vehicle when such vehicle is in a
public place. This subsection shall apply to possession of intoxicating liquor in a
vehicle, in areas of the vehicle accessible to the driver or passengers, when such
vehicle is in a public place.
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C. Exemptions: The Englewood Liquor Licensing Authority may grant a special
events permit under the procedures set forth in the liquor code.
D. Concerning alcoholic beverages in motor vehicles:
1. Except as otherwise permitted in subsection (D)(2) Paragraph 3, a person while
in the passenger area of a motor vehicle that is on a public highway of this State
or the right-of-way of a public highway of this State may not knowingly:
(a) Drink an alcoholic beverage; or
(b) Have in his or her possession an open alcoholic beverage container.
2. The provisions of this subsection (D) shall not apply to:
(a) Passengers, other than the driver or a front seat passenger, located in the
passenger area of a motor vehicle designed, maintained or used primarily for the
transportation of persons for compensation;
(b) The possession by a passenger, other than the driver or front seat passenger,
of an open alcoholic beverage container in the living quarters of a house coach,
house trailer, motor home, as defined in C.R.S. § 42-1-102(57), or trailer coach,
as defined in C.R.S. § 42-1-102(106)(a);
(c) The possession of an open alcoholic beverage container in the area behind the
last upright seat of a motor vehicle that is not equipped with a trunk; or
(d) The possession of an open alcoholic beverage container in an area not
normally occupied by the driver or a passenger in a motor vehicle that is not
equipped with a trunk.
3. A person who violates the provisions of this subsection (D) commits a traffic
violation and shall be punished pursuant to the Englewood Municipal Code.
E. Definitions. For purposes of this section:
Alcoholic Beverage: Means a beverage as defined in 23 CFR 1270.3(a).
Container: Includes, but is not limited to, any decanter, bottle, can, jar, thermos
bottle or jug.
Motor Vehicle: Means a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public highways but does not include a vehicle
operated exclusively on a rail or rails.
Open Alcoholic Beverage Container: Means a bottle, can or other receptacle that
contains any amount of alcoholic beverage and:
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(a) That is open or has a broken seal; or
(b) The contents of which are partially removed.
Passenger Area: Means the area designed to seat the driver and passengers while
a motor vehicle is in operation and any area that is readily accessible to the driver
or a passenger while in his or her seating position, including, but not limited to,
the glove compartment.
Public Place: Property either owned or controlled by a governmental entity, and
shall include any place open to the general public, either free or by payment of an
entrance fee, any sidewalk, street, alley, parking lot, park, poolroom, field house,
stadium or ball park.
Seal: Includes the regular and original tax seal applied by order of the United
States government over the cap of each and every container of intoxicating
beverages.
Section 2. Repeal
Section 3(D) of Ordinance No. 30, Series of 2021, which temporarily extended certain Public
Consumption Areas within the City, is hereby repealed. Any temporary extensions authorizing a
stay on the application of EMC 5-3C-3 to any area shall be null and void as of the effective date
of this Ordinance.
Section 3. General Provisions Applicable to this Ordinance
The following general provisions and findings are applicable to the interpretation and application
of this Ordinance:
A. Severability. 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, impair or invalidate the remainder of this
Ordinance or its application to other persons or circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any provision of the Code
of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change
in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have
been incurred under such provision, and each provision shall be treated and held as still remaining
in force for the purposes of sustaining any and all proper actions, suits, proceedings, and
prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose
of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in
such actions, suits, proceedings, or prosecutions.
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D. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, 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 obtained. This Safety Clause is not intended to affect a Citizen right
to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47.
Introduced, read in full, and passed on first reading on the 13th day of December, 2021.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 16th day of
December, 2021.
Published as a Bill for an Ordinance on the City’s official website beginning on the 15th day
of December, 2021 for thirty (30) days.
Read by Title and passed on final reading on the 4th day of January, 2022.
Published by Title in the City’s official newspaper as Ordinance No. 1, Series of 2021/22, on
the 6th day of January, 2022.
Published by title on the City’s official website beginning on the 5th day of January, 2022 for
thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Othoniel Sierra, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
Title as Ordinance No. 1, Series of 2021/22.
Stephanie Carlile
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