HomeMy WebLinkAbout1997 Ordinance No. 035.,
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BY AUTHORITY
ORDINANCE NO. 3S-
SERIES OF 1997
COUNCIL BILL NO. 39
INTRODUCED BY COUNCIL
MEMBER WIGGINS
AN ORDINANCE AMENDING TITLE 5, CHAPTER 3C, SECTION 3, OF THE
ENGLEWOOD MUNICIPAL CODE 1985 WHICH PERTAINS TO POSSESSION OF
INTOXICATING LIQUOR IN PUBLIC.
WHEREAS, the City of Englewood generally prohibits consumption of alcohol in a
public place as that term is defined in the Englewood Municipal Code; and
WHEREAS, the Englewood Municipal Code was amended in 1992 to provide an
exemption to the general rule; and
WHEREAS, the intent of the exemption was to allow alcohol in public places when
such an event goes through the formal procedure of obtaining a special events permit
from the Englewood Liquor Licensing Authority; and
WHEREAS , the provisions of the Liquor Code provide the Englewood Liquor
Licensing Authority with powers and responsibilities to determine security issues,
need size of premises and other relevant issues; and
WHEREAS, the amendment proposed provides the clarification required to allow
consumption of alcohol for a special event with the protections set forth in the Liquor
Code provided to the Englewood Liquor Licensing Authority;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO , AS FOLLOWS:
Section 1. The City Council of the City of Englewood , Colorado hereby approves
amending Title 5, Chapter 3C, Section 3, of the Englewood Municipal Code 1985 to
read as follows:
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.
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.
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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 in a public place.
G. Exemptiea . The gevernmeatal entity evming er eeatrelliag the premises
may allev,r the eeasu:mptiea ef aleehelie beverages ea the premises subjeet te
the previsieas ef law·.
C . EXEMPTION: THE ENGLEWOOD LIQUOR LICENSING AUTHORITY
MAY GRANT A SPECIAL EVENTS PERMIT UNDER THE PROCEDURES
SET FORTH IN THE LIQUOR CODE.
D . Definitions. For purposes of this Section:
CONTAINER
PUBLIC PLACE
SEAL
Includes, but is not limited to any decanter,
bottle, can, jar, thermos bottle or jug.
Property either owned or controlled by a
governmental entity, a nd 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, s tadium or ball park.
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.
Introduced, read in full , and passed on first reading on the 5th day of May, 1997.
Published as a Bill for an Ordinance on the 8th day of May, 1997.
Read by title and passed on final reading on the 19th day of May, 1997.
Published by title as Ordinance No.§. Series of 1997, on the 22nd day of May,
1997.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby
certify that the above and foregoing is a true copy of the Ordin passed on final
reading and published by title as Ordinance No .~, Series 97.
Loucrishia A . Ellis
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• COUNCIL COMMUNICATION
Date Agenda Item Subject Possession of
May 5, 1997 10 a vi intoxicating liquor in public
Initiated By Staff Source
City Manager Doug Clark, City Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In 1992, City Council approved Council Bill 47, amending the Englewood municipal Code to
allow possession of liquor in public during special events, with formal approval from the
governmental entity owning or controlling the premises.
RECOMMENDED ACTION
Staff seeks Council support for the attached bill for an ordinance providing clarification to the
section of the Englewood Municipal Code pertaining to alcoholic beverages in public places.
-BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Englewood Liquor Licensing Authority has received an inquiry from South Suburban Park and
Recreation District regarding alcohol consumption and sales in Cornerstone Park and the
miniature golf course. Currently, the Englewood Municipal Code calls for the governing entity
controlling the premises to make this determination. In the case of Cornerstone Park and the
miniature golf course, this would be South Suburban Park and Recreation District, even though
the properties are located in Englewood .
The proposed amendme:it to the Englewood Municipal Code would grant the Englewood Liquor
Licensing Authority the authority to make this determination.
FINANCIAL IMPACT
There would be no financial impact on the City as a result of this ordinance.
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LIST OF ATTACHMENTS
Letter from South Suburban Park and Recreation District
Response to S. Suburban from City Attorney
Proposed bill for an ordinance