HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/06/2004 - FIRST READING OF ORDINANCE NO. 110, 2004, AMENDINGAGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
ITEM NUMBER: 22
DATE: July 6, 2004
STAFF: Robert Younger
SUBJECT
First Reading of Ordinance No. 110, 2004, Amending Section 17-141 of the City Code Relating to
the Carrying of Liquor or Other Fermented Beverages in Certain Places (“Open Container”).
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
In the latest legislative session, the General Assembly passed a law allowing hotel/restaurant
licensed patrons to re-cork an unfinished bottle of wine to take home. The City’s current open
container ordinance prohibits the carrying of a re-corked or resealed bottle of alcohol in any public
place or automobile. Liquor licensing and distribution are matters of statewide concern. As such,
City Code Section 17-141 needs to be amended to be consistent with the state law. The proposed
amendment also prohibits the presence of a “re-corked” bottle of wine in the front passenger or
driver area of a vehicle.
ORDINANCE NO. 110, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 17-141 OF THE CODE OF THE CITY OF
FORT COLLINS RELATING TO THE CARRYING OF LIQUOR OR OTHER
FERMENTED BEVERAGES IN CERTAIN PLACES ("OPEN CONTAINER")
WHEREAS, C.R.S. Section 12-47-411(3.5) has recently been amended to allow the
transportation and possession of a resealed wine bottle to be taken from the premises of a
hotel/restaurant licensee; and
WHEREAS, current City ordinance prohibits the possession of a resealed wine bottle in any
public place or in any automobile; and
WHEREAS, it is Council’s desire to amend the City’s open container ordinance to resolve
the current conflict with state law.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 17-141(d) of the Code of the City of Fort Collins is hereby amended to read
as follows:
Sec. 17-141. Carrying or drinking liquor or fermented malt beverages in
certain places.
. . . . .
(d) As used in this Section, the phrase opened container shall mean any container
other than the original, closed container as sealed or closed for sale to the public by
the manufacturer or the bottler of the liquor, vinous liquor or fermented malt
beverage. If an original container has been unsealed, undone or opened in any
manner, it shall be considered an opened container for purposes of this Section
except, with regard to vinous liquors only, where the container has been opened and
resealed in compliance with Section 12-47-411(3.5), C.R.S., and such resealed
container remains sealed and is not present in the front driver or passenger
compartment of an automobile. Also, if any liquor or fermented malt beverage has
been transferred from its original container into another container, whether that other
container is closed or sealed in any way, the container into which the liquor or
fermented malt beverage has been transferred shall be deemed to be an opened
container under this definition.
Introduced and considered favorably on first reading and ordered published this 6th day of
July, A.D. 2004, and to be presented for final passage on the 20th day of July, A.D. 2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 20th day of July, A.D. 2004.
Mayor
ATTEST:
City Clerk