HomeMy WebLinkAbout047 - 04/19/2016 - AMENDING CHAPTER 17 OF CITY CODE TO PROHIBIT A SOCIAL HOST FROM ALLOWING THE POSSESSION OR CONSUMPTIORDINANCE NO. 047, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 17 OF THE CODE-OF THE CITY OF FORT COLLINS
TO PROHIBIT A SOCIAL HOST FROM ALLOWING THE POSSESSION
OR CONSUMPTION OF ETHYL ALCOHOL OR MARIJUANA BY
PERSONS UNDER TWENTY-ONE YEARS OF AGE
WHEREAS, persons under the age of twenty-one at times obtain, possess or consume
alcoholic beverages and marijuana at private residences or other property under the control of a
person who knows or should know of such conduct; and
WHEREAS, underage consumption of both alcoholic beverages and marijuana poses an
immediate threat to the public health, safety and welfare in that it leads to increased unlawful
behavior, physical altercations and an overall increase in rate of crime, which often requires
intervention by local law enforcement; and
WHEREAS, the City Code currently addresses, through the City's unreasonable noise
and nuisance gathering provisions, large social gatherings that become noisy or unruly where
underage consumption of both alcohol and marijuana occurs, however, the Code does not have a
specific provision to address a person who acts as asocial host at a private residence or other
property where underage possession or consumption of both alcohol and marijuana occurs; and
WHEREAS, the imposition of strict liability on a person who is aware of, or should be
aware of the prohibition of, and need to prevent, the underage possession or consumption of
alcohol and marijuana is necessary to deter and prevent such occurrences; and
WHEREAS, the prohibitions found in this Section are reasonable and expected to prevent
underage persons from obtaining, possessing and consuming alcohol and marijuana; and
WHEREAS, for these reasons, the City Council believes that these amendments to the
City Code are in the best interests of the citizens of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 17-161 of the Code of the City of Fort Collins is hereby
amended by the addition of new :definitions of the terms "Ethyl alcohol", "Marijuana" and
Private place," which read in their entirety as follows:
Ethyl alcohol shall mean any substance, which is or contains ethyl alcohol and includes
fermented malt beverage, malt liquor, vinous liquor and spirituous liquor as defined in
the Colorado Beer Code and the Colorado Liquor Code.
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Marijuana shall have the same definition as in Section 17-190 of this Code.
Private place shall have the same definition as in Section 17-130 of this Code.
Section 3. That Article IX of Chapter 17 of the Code of the City of Fort Collins is
hereby amended by the addition of a new Section 17-168 which reads in its entirety as follows:
Sec. 17- 168. Social host for ethyl alcohol or marijuana possession or consumption
by persons under twenty-one years of age.
a) A person with control of the access to or use of a private place shall be liable as a
social host if such person was present at such private place while an individual
under twenty-one (21) years of age possessed or consumed either ethyl alcohol or
marijuana there.
b) A violation of subsection (a) of this Section is a strict liability offense.
c) The prohibition set forth in subsection (a), of this Section does not apply to
situations in which:
1) A person under twenty-one (21) years of age was legally at a private place
with the knowledge and consent of a person who had control of the access to or
use of such private place and possessed or consumed ethyl alcohol with the
consent of the individual's parent or legal guardian who was present during such
possession or consumption;
2) A person under twenty-one (21) years of age possessed or consumed
medical marijuana pursuant to Article XVIII, Section 14 of the Colorado
Constitution, and possessed a valid registry identification card;
3) A person who consumed ethyl alcohol was a student who tasted but did
not imbibe an alcohol beverage only while under the direct supervision of an
instructor. Such instructor must have been at least twenty-one (21) years of age
and employed by a post-secondary school. Such student shall have been enrolled
in a university or a post-secondary school accredited or certified by an agency
recognized by the United States department of education, or a nationally
recognized accrediting agency or association, or the 'Private Occupational
Education Act of 1981", article 59 of title 12, C.R.S. Such student must have
participated in a culinary arts, food service, or restaurant management degree
program, and must have tasted but not imbibed the alcohol beverage for
instructional purposes as a part of a required course in which the alcohol
beverage, except the portion the student tasted, remained under the control of the
instructor;
4) The possession or consumption took place for religious purposes protected
by the First Amendment of the United States Constitution; or
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5) The possession or consumption took place during the course of a
supervised and bona fide investigation conducted by a law enforcement agency.
d) Any person found liable for violating this Section commits a civil infraction and
is subject to penalty provisions of Subsection 1-15(f) of the Code.
Introduced, considered favorably on first reading, and ordered published this 5th day of
April, A.D. 2016, and to be presented for final passage on the 19th day of April, A.D. 2016.
OF FORr.CO v
Mayor
ATTEST: af SEAL EN
City Clerk
Passed and adopted on final reading on the 19th day of April, A.D. 2016.
Mayor
ATTEST:
COLO
City Clerk
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