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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. 4- 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 2- 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 3-