HomeMy WebLinkAbout2018 Ordinance No. 035BY AUTHORITY
ORDINANCE NO. 35
SERIES OF 2018
COUNCIL BILL NO. 44
INTRODUCED BY COUNCIL
MEMBER MARTINEZ
AN ORDINANCE AMENDING TITLE 5, CHAPTER 3, INCLUDING
SECTIONS 1 AND 2 OF CHAPTER 3, SECTIONS 1, 3, 5, AND 8 OF
ARTICLE A, SECTIONS 2, 10, AND 11 OF ARTICLE B, AND SECTIONS
1, 3, 5, OF ARTICLE C, ALL OF THE ENGLEWOOD MUNICIPAL CODE
2000, TO REMOVE STATUTORY CITATIONS TO SUPERSEDED
STATUTES AND INSERT STATUTORY CITATIONS TO CURRENT
STATUTES.
WHEREAS, The Colorado State Legislature passed House Bill 18-1025 concerning the
nonsubs tantive relocation of laws related to the regulation of alcohol beverages from Title 12,
Colorado Revised Statutes, to a new Title 44, as part of the organizational recoditication of Title
12;and
WHEREAS, The Englewood Municipal Code includes statutory citations to State Statutes
within its Title 5, Chapter 3, including its Articles A, B, and C, all regarding alcoholic beverages.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Title 5, Chapter 3 shall be amended as follows:
5-3-1: Definitions.
As used in this chapter, the following words and phrases shall have the following meanings:
�Beer: See Fermented Malt Beverages, herein.
Director: The Director of Finance.
Fermented Malt Beverages: Beer and any Q1Mt beverages obtained by the fermentation of
any infusion or decoction of barley, malt, hops or any similar product, or any combination thereof,
in water containing not less than one-half(½) of one percent (I%) alcohol by volume aRd Rot more
thaR three eRd tv,•o teRlhs pereent (3.2%) alcohol by weight er feur 13ereent (4%) of alcohol b�•
volume, e?,eept tJ:iat "fermented malt beverage" sJ:iall Rot iRch1de confectionery containing alcohol
within the limits �rescribed by C.R.S., § 44-3-103(18) and 44-4-!03 25 5 41 Q( I )(i)(II).
Intoxicating Liquor: Liberally construed to include intoxicating liquors of every kind and
character which now are in use or which in the future may come into use as a beverage, no matter
by what name they may be known or called, and no matter how small the percentage of alcohol
they may contain and no matter what other ingredients may be used in them.
Malt liquors: Includes beer and shall be construed to mean any beverage obtained by the
alcoholic fermentation of any infusion or decoction of barley, malt, hops or any other similar
products or any combination thereofl in water; containing more then three end t,,.,o tenths perceRt
(3.2%) af alcef.:iel B)' v,reigf.:it er fel:lr perceAt (4%) afalcaf.:ial ey valume. not less than one-half of
one percent alcohol by volume, an in conformance with C,R.S. 44 -3-103<30},
Medicinal Liquors: Any liquor sold by a duly licensed pharmacist or drug store solely on bona
fide doctor's prescription.
Medicinal Spirituous Liquors : Any alcohol beverage excepting beer and wine that has been
aged in wood for four (4) years and bonded by the United States Government and is at least one
hundred ( I 00) proof.
Operator: A person licensed by law to sell malt, vinous or spirituous liquors, other than
medicinal liquors, for beverage purposes at retail and who is engaged at any time during the
calendar year in such operation within the City.
Spirituous Liquors: Any alcoholic beverage obtained by distillation, mixed with water and
other substances in solution, and includes among other things brandy, rum, whiskey, gin, powdered
alcohol, and every liquid or solid, patented or not, containing at least one-half of one �
alcohol aAd wf.:iief.:i are fit fer use fer l:Je:Yerage purpases. A Ad eentainiAg ane f.:ialf(K) ef ene pereeAt
(I%) alcef.:ial, by volume and which is fit for u_se for beveragtu?urnoses. Any liquid or solid
containing beer or wine in combination with any other liquor, except as aee¥e defined, including
malt liquors and vinous liquors. and shall not be construed to be fermented malt or malt or vinous
liquors, but shall be construed to be spirituous liquor.
Vinous Liquors: Includes wine and fortified wines that contain not less than one-half(½) of
one percent (I%) alcohol by volume but not exceeding twenty-one percent (21 %) of alcohol by
volume and shall be construed to mean alcoholic beverages obtained by the fermentation of the
natural sugar contents of fruits or other agricultural product containing sugar.
5-3-2: License Required.
No person shall manufacture for sale or gift, sell or keep for sale, or permit another to keep
for sale or sell, any intoxicating liquor, beer, malt liquor or wine, on any premises owned or
controlled by the person, without a duly issued license therefor, an in accordance with Arti cles 3
(Alcohol Beverages}, 4 <Fermented Malt Beverages). and 5 (Liquors) of Title 44. C.R.S. 2018.
Section 2. Title 5, Chapter 3A shall be amended as follows:
5-3A-l: Purpose.
In pursuance of the authority conferred in Articles 46, 47 aAd 48 3, 4, and 5. of Title :1:1:, C.R.S.
-l--9-H lQil this article is enacted for the purpose of promoting the health, safety and welfare of the
present and future inhabitants of the City by regulating, controlling and licensing the sale of ma!¼,
YiAaus aAd spirituaus liquers and alcohol beverages, fermented malt beverages.
5-3A-3: Englewood Local Liquor and Marijuana Licensing Authority
A.Vesting of Authority. The Englewood Local Liquor and Marijuana Licensing Authority
(''Local Licensing Authority" or "Authority"), is vested with the authority to grant or refuse
permits and licenses for the sale at retail of malt, vinous or spirituous liquors and fermented
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malt beverages, tQ conduct investigations as are required by law, and to suspend or revoke
such licenses for cause in the manner provided by law. Such Authority shall have all the
powers of the Local Licensing Authority, as set forth in Articles 3. 4, and 5, of Title 44,
.c..R...S.. 20)8Artieles 46, 47 at1EI 48 efTitle 12, C.R.S. 1973.
B.Delegation of authority to City Clerk. The City Clerk is authorized to act as the Local
Licensing Authority for the following Colorado Liquor Code and Colorado Beer Code
licensing functions:
I.Processing and issuance of special events permits pursuant to Article 5 of Title
�.�2018Artiele 4 8 ef Title 12, C.R.S., provided that there are no parties
filing a written objection to said permit.
2.Annual Colorado Liquor Code and Colorado Beer Code license renewals,
provided that the licensee has not violated any provisions of the Colorado
Liquor or Beer Codes and associated regulations during the preceding year.
3.Changes in shareholders, officers, directors or trade names of a licensee, or
registration and/or changes in on-site manager, provided that any investigation
conducted by the City does not reveal information that may reasonably form
the basis of a determination that the applicant is not qualified to hold the
respective license.
4.The issuance of temporary permits pursuant to and in compliance with the
provisions of C.R.S. 12 47 302 44-3-302, and C.R.S. 12 47 303 44 -3-303. A
temporary permit fee shall be charged in conjunction with the issuance of each
temporary permit.
5.Request to Change, Alter or Modify the Premises as set forth in E.M.C. 5-3A-
8.
6.Tasting permits issued in accordance with C.R.S. 12 47 30 l ( I 0) C.R.S. 44-3-
30 I< IO} and applicable provisions of the Englewood Municipal Code.
7.Transfer of ownership.
The City Clerk may refer any licensing decision authorized under this section to the Local
Licensing Authority if, in the Clerk's discretion, the matter should be presented to the Local
Licensing Authority.
C.Duties of the City Clerk. The City Clerk shall receive all applications for licenses, and shall
issue all licenses granted by the Authority, upon receipt of such license fees and taxes as are
required by law and this Code. The City Clerk shall serve as the official secretary of the
Local Licensing Authority and shall designate a person or persons to provide the necessary
secretarial and reporting services for the Local Licensing Authority. The City Clerk or
designee shall attend the meetings of the Local Licensing Authority. All public notice shall
be made by publication on the City's official website, or in a newspaper designated by City
Council as the City's official newspaper. All signs required to be posted by the Colorado
Liquor Code, shall be made by the City Clerk.
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5-3A-5: Notice and Hearing Procedures.
A.Public Notice. The authority shall cause to be posted and published public notice of the
hearing to be held on the application as provided in Articles 46, 47 aREi 48 3, 4, and-3,,._of Title
44, C.R.S. +97-:l 20) 8 and the regulations promulgated thereunder.
B.Investigation. The application, including any and all investigations performed by the
designated representative of the City Manager, shall be received by the authority and applicant
at least five (5) days prior to the date of hearing on said application and shall be available to
any interested party at least five (5) days prior to the hearing. Petitions shall be presented to
the City Clerk three (3) working days before the hearing date.
C.Public Hearing.
I.The Licensing Authority shall promulgate rules of proc edure for the conduct of all
hearings on applications for licenses or for revocation or suspension of licenses.
2.The Licensing Authority shall have the power to administer oaths and issue subpoenas
to require the presence of persons and the production of papers, books and records
necessary to the determination of any hearing which the Licensing Authority is authorized
to conduct. It shall be unlawful for any person to fail to comply with any subpoena issued
by the authority in the proper conduct of its hearings. The Municipal Court of the City
shall enforce the subpoenas of the Licensing Authority, and upon good cause shown, shall
enter its orders compelling witnesses to attend and testify or produce books, records or
other evidence, and shall impose penalties of punishment for contempt in case of failure
to comply with such orders.
3.A subpoena shall be served in the same manner as a subpoena issued by the District Court
of the State of Colorado. Upon failure of any witness to comply with such subpoena, the
City Attorney shall, at the direction of the authority:
a.Petition any judge of the Municipal Court of the City, setting forth that due notice
has been given of the time and place of attendance of the witness and the service of
the subpoena, that the court, after hearing evidence in support of or contrary to the
petition, enter its order compelling the witness to attend and testify or produce books,
records or other evidence, under penalty of punishment for contempt in case of
willful failure to comply with such order of court, or
b.Petition the District Court in and for the County of Arapahoe, setting forth that due
notice has been given of the time and place of attendance of the witness and the
service of the subpoena, that the court after hearing evidence in support of or contrary
to the petition, enter its order as in other civil actions, compelling witness to attend
and testify or produce books, records or other evidence, under penalty of punishment
for contempt in case of willful failure to comply with such order of court.
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5-JA-8: Change in Location, Ownership, Name.
A.Location, Ownership or Management of Any Licensed Premises: Any licensee desiring to
change location, ownership or management of the licensed premises shall submit an
application for said change to the City Clerk, which application shall be in conformity with
the Colorado Liquor Code and contained in Articles 1 ti, 4 7 aAel 18 3, 4. and 5..,_of Title 44,
C.R.S. � 20) 8 and the ordinances of the City.
B.Trade Name or Remodeling:
1.Any licensee desiring to change the trade name of the licensed premises or enlarge,
modify, remodel or redecorate any premises licensed herein shall make application to the
authority in conformity with the Colorado Liquor Code and contained in Articles -%;-47
aAe 48 3, 4. and_5,....of Title 44, C.R.S.+9-7J2018 and the ordinances of the City.
2.Any application to enlarge, modify, remodel or redecorate any premises licensed herein
shall include as part of the application a detailed floor plan, including plans and
specifications for any changes in both the interior and exterior of said premises.
Section 3. Title 5, Chapter 3B shall be amended as follows:
5-3B-2: License Required.
Unless otherwise provided by State law, it shall be unlawful for any person within the City to
manufacture, sell, or possess for sale any malt, vinous, spirituous liquors or fermented malt
beverages unless licensed to do so as provided by both this chapter and applicable provisions of
Articles 3, 4, and 5 9[ Title 4,;LC,R,S=-2018Title 12, Artieles 16, 47, aAe 18, C.R.S., and said
licenses required are in full force and effect and applicable fees and taxes have been paid in full.
S-3B-10: Optional Premises Liquor License and Optional Premises with Hotel/Restaurant Liquor
License.
A.Standards adopted. The following standards for the issuance of optional premises licenses
or for optional premises for a hotel and restaurant license are hereby adopted pursuant to the
provisions of C.R.S. § 12 17 310 44-3-3 )0.
I.Standards. These standards adopted herein shall be considered in addition to all other
standards applicable to the issuance of licenses under the Colorado Liquor Code for
optional premises license or for optional premises for a hotel and restaurant license. These
two types of licenses for optional premises will collectively be referred to as "optional
premises" in these standards unless otherwise provided.
2.Eligible facilities. An optional premises may only be approved when that premises is
located on or adjacent to an outdoor sports and recreational facility as defined in Section
12 4 7 I 03(22)(a) 1:4-3-J 03(22)(a). The types of outdoor sports and recreational facilities
which may be considered for an outdoor premises license include the following:
a.Country clubs;
b.Golf courses and driving ranges;
c.Ice skating arenas;
d.Mini golf course;
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e.Swimming pools; and
f.Outdoor tennis courts and clubs.
There are no restrictions on the minimum size of the outdoor sports and recreational
facilities which may be eligible for the approval of an optional premises license.
However, the Englewood Liquor Licensing Authority may consider the size of the
particular outdoor sports or recreational facility in relationship to the number of optional
premises requested for the facility, and may deny any optional premises application if the
it considers the related facility to be too small to require an optional premises.
3.Number of optional premises. The Englewood Liquor Licensing Authority, in its
discretion, may restrict the number of optional premises which any one licensee may
have. Any licensee requesting approval of more than one optional premises shall:
a.Explain the reason for each optional premises requested;
b.Demonstrate how the optional premises relate to each other from an operational
standpoint;
c.Demonstrate to the satisfaction of Englewood Liquor Licensing Authority the need
for each optional premises in relationship to the outdoor sports and recreational
facility and its guests; and
d.Demonstrate that the optional premises will not adversely affect the neighborhood
in which it is located.
4.Submillal requirements. When submitting a request for the approval of an optional
premises initially and annually thereafter, an applicant shall also submit the following:
a.An application fee per optional premises and the local and State license fees;
b.A map or other drawing illustrating the outdoor sports or recreational facility
boundaries and the approximate location of each optional premises requested;
c.A legal description of the approximate area within which the optional premises shall
be located;
d.A description of the method which shall be used to identify the boundaries of the
optional premises when it is in use;
e.A description of the provisions which have been made for storing vinous and
spirituous liquors in a secured area, on or off the optional premises, for the future use
of the optional premises; and
f.A description of the method which will be used to identify and control the optional
premises when it is in use. For example, the applicant may describe the types of
signs, fencing or other notices or barriers to be used in order to control the optional
premises.
B.Advance notification. Pursuant to Section 12 4731Q 44-3-3!0(3) and (4), C.R.S., no
alcoholic beverages may be served on an optional premises without the licensee having
provided written notice to the State and the Englewood Liquor Licensing Authority.
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C.Nolice and hearing procedures. The notice, standards and hearing procedures of the
Englewood Municipal Code [section] 5-3A-5 and the Colorado Liquor Code shall be used.
5-38-11: Definitions.
Definitions not specifically enumerated herein shall be as defined in Title 12, Articles 1a, 17
eRd 18, C.R.S. Articles 3, 4, and 5 of Title 44. C.R.$.2018.
Section 4. Title 5, Chapter 3C shall be amended as follows:
5-3C-l: Unlawful to Take Orders, Handle.
A.It shall be unlawful for any person to solicit or take any order or orders for any purchase or
purchases of intoxicating liquors in any manner whatsoever, except as in this Chapter
provided.
B.It shall be unlawful for any person to carry on or about his person, or for any person to engage
or employ any other person to so carry, in any quantity, any intoxicating liquors for the
purpose of selling, bartering, exchanging, giving away or illegally delivering the same in the
City.
C.Unlawful acts-Exceptions.
1.Except as provided in C.R.S. § 18 12 122 18-13-122, it is unlawful for any person:
(a)To sell, serve, give away, dispose of, exchange, or deliver or permit the sale,
serving, giving or procuring of any alcohol beverage to a visibly intoxicated person
or to a known habitual drunkard.
(b)To sell, serve, give away, dispose of, exchange or deliver or pennit the sale, serving,
giving, or procuring of any alcohol beverage to or for any person under the age of
twenty-one (21) years.
5-3C-3: Unlawful to Possess Open Container of Intoxicating Liquor in Public.
A.It shall be unlawful for any person to have in his possession or under 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, notwithstanding any provision of C.R.S. § +2-4+-�-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 (I ) 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.
I.The provisions of this section shall apply to a licensee:
(a)That is duly licensed as a manufacturer's licensee under Colorado Revised Statutes
§44-3-40212 47 102, a limited winery licensee under§ 44-3-40312 47 103, a beer
and wine licensee under§ 44-3-4) 112 47 109, a hotel and restaurant licensee under
§44-3-41312 47 111, a tavern licensee under § 44-3-41412 17 112, a brew pub
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licensee under§ 44:3.3.1112 47 415, or a vintner's restaurant licensee under§ i1:
3-42212 47 42Q; and
(b)That has meals, as defined in §44-3-103(31)12 47 103(20) available for
consumption on the licensed premises.
B.It shall be unlawful for any person to have in his possession or under 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.
C.Exemption: 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:
I.Except as otherwise permitted in 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 Section (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( I 06)(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 Section (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 l 270.3(a).
Container: Includes, but is not limited to, any decanter, bottle, can,jar, thermos bottle or
jug.
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Molor 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 Conlainer: Means a bottle, can or other receptacle that contains
any amount of alcoholic beverage and:
(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.
5-3C-5: Illegal Possession or Consumption of Ethyl Alcohol by an Underage Person.
A.Definitions: For the purpose of this Section the following definitions apply unless the context
otherwise requires:
Eslablishmenl: A business, firm, enterprise, service or fraternal organization, club, institution,
entity, group, or residence, and any real property, including buildings and improvements,
connected therewith, and shall also include any members, employees, and occ upants associated
therewith.
Elhyl Alcohol: Any substance which is or contains ethyl alcohol.
Possession of Elhyl Alcohol: Means that a person has or holds any amount of ethyl alcohol
anywhere on his person, or that a person owns or has custody of ethyl alcohol, or has ethyl alcohol
within his immediate presence and control.
Privale Properly: Any dwelling and its curtilage which is being 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 Artiele 4G, 47,
er 48 efTitle 12, C.R.S. Articles 3. 4, and 5 of Title 44, C.R.S. 2018 ;
2.Any establishment which sells ethyl alcohol or upon which ethyl alcohol is sold; or
3.Any establishment which leases, rents, or provides accommodations to members of the
public generally.
B.+. Any person under twenty-one (21) years of age who possesses or consumes ethyl alcohol
commits illegal possession or consumption of ethyl alcohol by an underage person. Illegal
possession or consumption of ethyl alcohol by an underage person is a strict liability offense.
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C.It shall be an affinnative defense to the offense described in subsection B of this Section that
the ethyl alcohol was possessed or consumed by a person under twenty-one (21) years of age
under the following circumstances:
I.While such person was legally upon private property with the knowledge and consent of
the owner or legal possessor of such private property and the ethyl alcohol was possessed
or consumed with the consent of his parent or legal guardian who is present during such
possession or consumption; or
2.When the existence of ethyl alcohol in a person's body was due solely to the ingestion of
a confectionery which contained ethyl alcohol within the limits prescribed by Section 18-
J3-) 22(5}fb)25 5 410(1)(1)(11), C.R.S., or the ingestion of any substance which was
manufactured, designed, or intended solely for medicinal or hygienic purposes, or solely
from the ingestion of a beverage which contained less than one-half of one percent (.5%)
of ethyl alcohol by weight.
D.The possession or consumption of ethyl alcohol shall not constitute a violation of this Section
if such possession or consumption takes place for religious purposes protected by the First
Amendment to the United States Constitution.
E.Prima facie evidence of a violation of subsection B of this Section shall consist of:
1.Evidence that the defendant was under the age of twenty-one (21) years and possessed
or consumed ethyl alcohol anywhere in this State; or
2.Evidence that the defendant was under the age of twenty-one (21) years and manifested
any of the characteristics commonly associated with ethyl alcohol intoxication or
impairment.
F.During any trial for a violation of subsection B of this Section, any bottle, can, or any other
container with labeling indicating the contents of such bottle, can, or container shall be
admissible into evidence and shall not constitute hearsay. A jury or a judge, whichever is
appropriate, may consider the information upon such label in determining whether the
contents of the bottle, can, or other container were composed in whole or in part of ethyl
alcohol. A label which identifies the contents of any bottle, can, or other container as "beer,"
"ale," "malt beverage," "fennented malt beverage," "malt liquor," "wine," "champagne,"
"whiskey," or "whisky," "gin," "vodka," "tequila," "schnapps," 0 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 ethyl alcohol.
G.A parent or legal guardian of a person under twenty-one (2 l) years of age or any natural
person who has the permission of such parent or legal guardian, may give, or pennit the
possession and consumption of, ethyl alcohol to or by a person under the age of twenty-one
(21)years under the conditions described in paragraph I of subsection C of this Section. This
subsection G shall not be construed to permit any establishment which is or is required to be
licensed pursuant to /\Riele 46, 17, er 48 ef Title 12, C.R.S. Articles 3. 4. and 5 of Title 44,
.c....R_..S......._2018, or any members, employees, or occupants of any such establishment to give,
provide, make avai I able, or sell ethyl alcohol to a person under twenty-one (21) years of age.
H.Nothing in this Section shall be construed to limit or preclude prosecution for any offense
pursuant to ARiele 46, 17, er 48 ef Title 12 , C.R.S. Articles 3, 4. and 5 of Title 44. C.R.S.
2018, except as provided in such Articles.
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I.The qualitative result of an alcohol test or tests shall be admissible at the trial of any person
charged with a violation of subsection B of this Section upon a showing that the device or
devices used to conduct such test or tests have been approved as accurate in detecting alcohol
by the Executive Director of the Department of Health.
J.Official records of the Department of Health relating to the certification of breath test
instruments, certification of operators and operator instructors of breath test instruments,
certification of standard solutions, and certification of laboratories shall be official records of
the State. Copies of such records, attested by the Executive Director of the Department of
Health or his deputy and accompanied by a certificate bearing the official seal for said
Department, which state that the Executive Director of the Department has custody of such
records, shall be admissible in Court and shall constitute prima facie evidence of the
infonnation contained in such records. The official seal of the Department described in this
subsection may consist of a rubber stamp producing a facsimile of the seal stamped upon the
document.
K.In any judicial proceeding in the Englewood Municipal Court concerning a charge under
subsection B of this Section, the Court shall take judicial notice of methods of testing a
person's blood, breath, saliva or urine for the presence of alcohol and of the design and
operation of devices certified by the Department of Health for testing a person's blood, breath,
saliva, or urine for the presence of alcohol. This subsection K shall not prevent the necessity
of establishing during a trial that the testing devices were working properly and that such
testing devices were properly operated. Nothing in this subsection K shall preclude a
defendant from offering evidence concerning the accuracy of testing devices.
Section 5. Notice of general provisions and findings applicable to interpretation and
application of this Ordinance:
Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title I, Chapter 2, Saving
Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including,
but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect
of repeal or modification, and legislation not affected by repeal.
Enforcement. E.M.C. Title I, Chapter 4, "General Penalty" provisions mandate that except as otherwise
provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of
any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not
exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not
exceeding three hundred sixty (360) days or by both such fine and imprisonment.
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.
Introduced, read in full, and passed on first reading on the 19th day of November, 2018.
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Published by Title as a Bill for an Ordinance in the City's official newspaper on the 22nd day of
November, 2018.
Published as a Bill for an Ordinance on the City's official website beginning on the 21 51 day of
November, 2018 for thirty (30) days.
Read by Title and passed on final reading on the 3n1 day of December, 2018.
Published by Title in the City's official newspaper as Ordinance No. 35, Series of 2018, on the 6th day
of December, 2018.
Published by title on the City's official website beginning on the 5th day of
December, 2018 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Linda Olson, Mayor
ATTEST:
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.
35, Series of 2018.
Stephanie Carlile
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