HomeMy WebLinkAbout167 - 12/19/2023 - AMENDING CHAPTERS 3 AND 17 OF THE CODE OF THE CITY OF FORT COLLINS TO UPDATE AND ALIGN CITY CODE REGORDINANCE NO.167,2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTERS 3 AND 17 OF THE CODE OF THE CITY OF FORT COLLINS
TO UPDATE AND ALIGN CITY CODE REGARDING ALCOHOL BEVERAGES
WIT H STATE LAW CHANGES AND ADDING MUNICIPAL CODE VIOLATIONS
FOR CERTAIN ALCOHOL-RELATED OFFENSES
WHEREAS,the Local Licensing Authority for the City of Fort Collins is the Municipal
Judge who,in this capacity,issues licenses and permits for the sale or service of alcohol beverages;
conducts hearings and investigations;suspends or revokes such licenses and permits;sets certain
fees as provided by law;as well as many other responsibilities and duties set forth in Colorado
Revised Statutes (“C.R.S.”)Articles 3,4 and 5 of Title 44;and
WHEREAS,as of March 1,2023,state law,through the voter-approved passage of
Proposition 125 on November 8,2022,modified a fermented malt beverage off-premises retailer
license to also allow the sale of wine products;and
WHEREAS,as of August 7,2023,state law,through the enactment of House Bill 23-106 1,
renamed the previously existing art gallery permit to the retail establishment permit where
qualifying retail establishments,including but not limited to art galleries,may serve
complimentary alcohol on a limited number of days per year to their customers;and
WHEREAS,City staff recommends adding alcohol-related criminal offenses to City Code,
including the prohibition against the use of fake identification,the sale of alcohol to minors,and
the misrepresentation of age for the purchase of alcohol to prevent recidivism and in response to
concerns shared with City staff from licensees;and
WHEREAS,City staff recommends the removal of certain administrative application fees
from City Code,because they are frequently modified by the state enforcement division;and
WHEREAS,these administrative application fees were historically included in Chapter 3
of the City Code because City Council was the local licensing authority until 1973 when a separate
board was created which City Council oversaw that board’s committee members;and
WHEREAS,in 2000,City Council designated the Municipal Judge as the Local Licensing
Authority,however the City Code was not modified to enable the new authority to set these
administrative application fees;and
WHEREAS,currently,the application fees set forth in City Code are out of date and below
the allowable amount set by the state for local licensing authorities and these administrative
application fees are essential to aid the City’s ability to recoup the administrative costs for the
oversight and issuance of liquor licenses;and
WHEREAS,these statewide amendments and City staff recommended changes provide an
opportunity for a comprehensive review of Chapter 3 of the City Code related to Alcohol
Beverages,and to address some general housekeeping or ministerial-type changes to Chapter 3 to
provide clarity throughout the Chapter.
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 Chapter 3 of the Code of the City of Fort Collins is hereby amended
as follows:
CHAPTER 3
ALCOHOL BEVERAGES
ARTICLE I.
IN GENERAL
Sec.3-1.Definitions.
(a)The following words,terms and phrases,when used in this Chapter,shall have the
meanings ascribed to them in this Section:
Alcohol beverage or alcohol shall mean any fermented malt beverage or malt,vinous,or spirituous
liquors;except that alcohol beverage shall not include confectionary containing alcohol within the
limits prescribed by C.R.S.§25-5-410(1)(i)(II).
Applicant shall mean any person,partnership,corporation or other legally constituted entity or
affiliation who is applying for or has applied for a license or permit to sell,dispense or serve
alcohol beverages,but is not yet licensed or permitted as a licensee.
Bed and breakfast shall mean an overnight lodging establishment that provides at least one (1)
meal per day at no additional charge other than a charge for overnight lodging and does not sell
alcohol beverages by the drink.
City Clerk shall mean the City Clerk of the City or designated representative.
Employee shall mean any employee of a licensee involved in the sale,dispensing or serving of
alcohol beverages.
Fermented malt beverage shall have the same meaning as “fermented malt beverage”defined in
C.R.S.§44-4-103(0;except that fermented malt beverage does not include confectionary
containing alcohol within the limits prescribed by C.R.S.§25-5-410(00)01).
Licensed,Licensee and Licensed Premises shall mean persons or premises issued a license or
permit pursuant to C.R.S.Title 44,articles 3,4 and 5.
Local Licensing Authority or Authority shall mean the Liquor Licensing Authority as established
by the City Council and as defined in and relating to the licensing of the alcohol beverages as
authorized by C.R.S.Title 44,articles 3,4 and 5,the rules and regulations of the State licensing
authority and this Code.
Malt liquor shall have the same meaning as “malt liquor”defined in C.R.S.§44-3-103(30).
Manager shall mean and include those persons who manage,direct,supervise,oversee and
administer the acts and transactions of the establishments governed by this Chapter and of their
agents or employees.
Party-in-interest shall mean:
(1)Any party-in-interest as defined in C.R.S.§44-3-31 l(5)(b);
(2)Any representative of a bona fide organized neighborhood group which encompasses
part or all of the neighborhood under consideration;or
(3)Any member of the City staff,including,but not limited to,the City Manager,
the City Attorney or the Chief of Police or representative thereof.
Premises shall mean a distinct and definite location,which may include a building,a part of a
building,a room,or any other definite area as approved by the Authority.
Spirituous liquors shall have the same meaning as “spirituous liquors”defined in C.R.S.§44 3
103(54).
Tastings shall mean the sampling of alcohol beverages that may occur on the premises of a retail
liquor store licensee,liquor-licensed drugstore licensee,or a fermented malt beverage and wine
retailer licensee by adult patrons of the licensee pursuant to the provisions of C.R.S.§44-3-
30 1(10).
Vinous liquors shall have the same meaning as “vinous liquors”defined in C.R.S.§44-3-103(59).
(b)All other words and phrases used in this Chapter shall have the meanings described by
C.R.S.(Colorado Liquor Code,Beer and Wine Code and Special Event Code)and the Code
of Colorado Regulations (Colorado Liquor Rules)or if not otherwise defined by law,the
words shall be as used in their common,ordinary and accepted sense and meaning.
Sec.3-2.Conflicts.
(a)If any of the laws as established in this Chapter shall conflict with any provision of the
laws of the State or the rules of the state licensing authority pertaining to the Colorado Liquor or
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Beer and Wine Codes,the provisions of state law or the rules of the state licensing authority shall
govern.
Sec.3-3.Violations;penalty.
(a)Penalties for violations of this Chapter shall be as provided in §1-15 and shall be in
addition to any special penalty provided for in this Chapter or by the laws of the State.
(b)Notwithstanding any other penalty that may be levied,any licensee who violates,or any
licensee whose employees violate,any of the terms of this Chapter or of C.R.S.Title 44,Articles
3,4 and 5,or the rules and regulations related thereto,shall be subject to suspension or revocation
of his or her license pursuant to the laws of the State,the imposition of a fine in lieu of suspension
under the provisions of Section 44-3-601(3),C.R.S.,written reprimand or such other penalty as
the Authority deems appropriate.Monies received through the payment of fines in lieu of
suspension shall be deposited into the general fund of the City.
ARTICLE II.
ADMINISTRATION
Division 1
Generally
Sec.3-16.City Clerk duties.
(a)The City Clerk shall:
(1)Issue all licenses granted by the Liquor Licensing Authority upon receipt of such
license fees as are required by law;
(2)Serve as the secretary of the Liquor Licensing Authority;
(3)Establish a calendar of regular meetings for the Liquor Licensing Authority which
calendar may be modified by the Authority;
(4)Process all license renewal applications,including late renewal applications,on
behalf of the Liquor Licensing Authority upon receipt of a completed application and such
license fees as are required by law;
(5)Process all applications for temporary bed and breakfast permits on behalf of the
Liquor Licensing Authority pursuant to §~3-83 and 3-86,respectively,upon receipt of a
completed form and such license fees as are required by law;
(6)Process all forms for changes in corporate structure,trade name changes and
corporate name change reports on behalf of the Liquor Licensing Authority upon receipt
of a completed form and such license fees as are required by law;
(7)Process all applications for transfer of ownership where no new principals are being
added to the ownership,on behalf of the Liquor Licensing Authority upon receipt of a
completed application and such license fees as are required by law;
(8)Process all applications for special event permits on behalf of the Liquor Licensing
Authority pursuant to §3-83.5,upon receipt of a completed form and such license fees as
are required by law;and
(9)Process all applications for retail establishment permits on behalf of the Liquor
Licensing Authority pursuant to §3-90,upon receipt of a completed form and such license
fees as are required by law.
Division 2
Liquor Licensing Authority
Sec.3-33.Functions.
(b)The Authority shall have all the powers of the Local Licensing Authority as set forth in
C.R.S.Title 44,Articles 3,4 and 5.
Sec.3-35.Minutes;annual report.
The Authority shall take and file minutes in accordance with the requirements of §2-75 of this
Code.On or before January 31 of each year,the Authority shall file a report with the City Clerk
setting forth the number of applications for licenses acted upon,the number of licenses granted
and the number denied and any other actions taken by the Authority during the past year.
Division 3
Hearings
Sec.3-52.Public notice of hearings.
(a)The applicant shall cause to be posted the public notice required pursuant to C.R.S.§44-
3-311,for all hearings to be held on applications for the sale of alcohol beverages.
(b)The applicant shall provide to the City Clerk evidence of such posting,which shall consist
of a photograph of the posted sign in place together with a signed statement evidencing posting.
Sec.3-53.Hearings on new license and change of location applications.
As applicable,the applicant may introduce evidence with regard to the following:
(5)The reasonable requirements of the neighborhood and the desires of its inhabitants
for the type of license for which application has been made.
a.Petitions favoring or opposing the license applied for may be presented at
the hearing.
b.Petitions may be circulated only within the neighborhood affected by the
application.
c.Every person signing the petition shall sign only their own name,address
and their age or otherwise indicate that such person is at least of legal age to
purchase or consume the alcohol beverages which are the subject of the license
applied for.
d.The date when the signature is affixed to the petition shall be put on the
petition by the party signing the same.
e.No signatures will be considered which are dated prior to the date the
application was received by the City Clerk.
f.Each petition shall contain a verified statement signed by the circulator of
the petition indicating that the circulator personally witnessed each signature
appearing on the petition and that,to the best of his or her knowledge,each
signature is the signature of the person whose name it purports to be and that the
address given opposite that person’s name is the true business or residence address
of the person signing the petition.
(d)Any party-in-interest may introduce evidence regarding any pertinent matter affecting the
application.
Sec.3-54.Show cause hearings.
(a)When matters are brought to the attention of the Authority which,if substantiated,constitute
a violation of this Chapter or of C.R.S.Title 44,Articles 3,4 and 5,or the rules and regulations
relating thereto,the Authority shall promptly notify the licensee,in writing,by mail or
personal delivery,of the date and time established for a show cause hearing at which time the
licensee will be required to show cause why a penalty should not be levied if a violation is
found.
Sec.3-55.Aggravating and mitigating factors considered at show cause hearings.
(a)In all cases where a violation(s)of the applicable state or local laws is found at a show
cause hearing,the Authority shall consider evidence and statements in mitigation and in
aggravation of the violation(s)prior to determining the appropriate penalty.Such evidence and
statements may relate to and include,but not be limited to,the following factors:
(1)Seriousness of the violation;
(2)Corrective action taken by the licensee after the violation;
(3)Prior violations at the licensed premises by the licensee or the licensee’s employees
and the effectiveness of prior corrective action;
(4)Prior violations at the licensed premises by a prior licensee or the prior licensee’s
employees,and the sanctions imposed for such violations,if the current licensee or any of
the current licensee’s owners,partners,shareholders,directors,officers or managers held
an ownership interest of five (5)percent or more in the entity holding such prior license;
Sec.3-56.Appeals.
The decisions of the Local Licensing Authority shall in all cases be final and conclusive.A
decision of the Authority may only be reviewed by the District Court in accordance with the
Colorado Rules of Civil Procedure.There shall be no stay of execution of the Authority’s decision
pending review by the District Court,except by court order.
ARTICLE III.
LICENSES,TAXES,REGULATIONS AND PROCEDURES
Sec.3-71.License required.
It shall be unlawful for any person within the City to manufacture,sell,offer,serve or possess for
sale any alcohol beverages unless licensed or permitted to do so as provided by this Chapter and
the applicable provisions of C.R.S.Title 44,Articles 3,4 and 5.
Sec.3-73.Applications.
(a)All applications for alcohol beverage licenses shall be filed with the City Clerk.Any person
applying for such license shall file the state license application form and the local license
application forms,if any,all of which shall be filled out and completed in all material detail,
including all exhibits that may be required to be attached in accordance with any local
requirements.Incomplete or erroneous applications shall be rejected.All application forms shall
be typewritten or printed in black or blue ink.All other information or exhibits submitted shall be
typewritten or printed in black or blue ink except plans and specifications which may be required.
(b)The City Clerk shall establish application filing deadlines to allow sufficient time for
completion of investigations,posting and publishing notice of hearings,if applicable,and taking
such other action as is necessary prior to the Authority’s consideration of the application.
Sec.3-74.Application fees.
(a)Application fees shall be set by the Authority as expressly allowed in C.R.S.Title 44,
Articles 3,4 and 5 payable to and collected by the City Clerk on behalf of the City.The Authority
shall provide to the City Clerk a true and correct copy of all application fees set by the Authority
in advance of implementing said fees.
(b)These fees shall be nonrefundable.These fees shall be in addition to any fees imposed by
the State.
Sec.3-76.Occupation tax.
(b)The following annual occupation taxes are hereby established and shall be paid by the
applicant or licensee to the City:
License Occupation Tax
(1)Retail liquor store license $750.
(2)Liquor-licensed drugstore license 750.
(3)Beer and wine license 800.
(4)Hotel and restaurant license 1,600.
(5)Tavern license 1,600.
(6)Brew pub license 1,600.
-8-
(7)Club license 800.
(8)Arts license 150.
(9)All licenses to sell fermented malt beverages for consumption both 750.
on and off the premises
(10)All licenses to sell only fermented malt beverages by the drink for 750.
consumption on the premises
(11)All licenses to sell only fermented malt beverages and vinous 750.
products in their original containers for consumption off the premises
(12)Optional premises license (not associated with a hotel and 1,600.
restaurant license)
(13)Vintner’s restaurant license 1,600.
(14)Lodging and entertainment license 1,600.
(15)Distillery pub license 1,600.
Sec.3-78.Modification of premises.
(b)Requests for changes,alterations or modifications of the licensed premises shall be on such
forms as are provided by the state licensing authority and,in addition,on such forms as may be
provided by the City,if any.The request shall be accompanied by plans and specifications,on
pages not larger than eight and one-half (8’2)inches by eleven (11)inches,which shall be sufficient
to advise the Authority of the scope and nature of the proposed request and must include the
identification of areas where alcohol will be served and stored.
Sec.3-79.Change of location.
No license issued by the Authority shall be transferred to another location howsoever proximate
without the approval of the Authority.The policies and procedures for such transfer of location of
licensed premises shall be the same as those for the issuance of new licenses,except information
and investigation regarding the applicant shall not be required.An application fee as provided in
§3-74 shall be charged.
Sec.3-81.Report of disturbances.
(b)Each licensee and permit holder shall post and keep visible at all times to the public in a
conspicuous place on the premises,a sign with a minimum height of fourteen (14)inches and a
minimum width of eleven (11)inches with each letter to be a minimum of one-half Q 2)inch in
height,which shall read as follows:
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“WARNING:Fort Collins Police Services must be notified of all disorderly acts,conduct or
disturbances and all unlawful activities which occur on or within the premises of this licensed
establishment.”
Sec.3-83.Temporary permit.
(b)If the next regularly scheduled meeting of the Authority will not be held within five (5)
working days of the receipt by the City Clerk of an application for a temporary permit under this
Section,the City Clerk shall issue the temporary permit requested by such an application provided
the Clerk first determines the following:
(I)That the applicant is in compliance with all applicable provisions of C.R.S.§44-3-
303;and
(2)That a preliminary background check conducted by Police Services of the applicant
and its officers,directors and owners having a ten (10)percent or more ownership interest
indicates that such persons have not been convicted of a felony or an offense involving
moral turpitude.
a.If either of these determinations cannot be made by the City Clerk with
respect to any application that the Clerk has authority to consider under this
Subsection (b),the Clerk shall not issue a temporary permit.
Sec.3-84.Optional premises licenses.
(e)When submitting a request for the approval of an optional premises license,an applicant
shall also submit the following information:
(3)A description of the provisions which have been made for storing alcohol beverages in
a secured area on or off the optional premises for the future use on the optional premises.
Sec.3-85.Distance restrictions.
The distance restrictions imposed by C.R.S.§44-3-313(1)(d)(I),prohibiting the sale of alcohol
beverages within five hundred (500)feet of the principal campus of any college or university,are
eliminated for any class of retail license except the retail liquor store license and the liquor-licensed
drugstore license,but only with respect to the distance between the proposed licensed premises
and the properties owned by the State Board of Agriculture for the benefit and use of Colorado
State University.Except as said distance restrictions are hereby eliminated with respect to
properties of Colorado State University,said distance restrictions shall continue in full force and
effect as they pertain to any other public or parochial school or the principal campus of any other
college,university or seminary.
Sec.3-86.Bed and breakfast permit;exemptions.
(a)A person operating a bed and breakfast with not more than twenty (20)sleeping rooms that
offers complimentary alcohol beverages for consumption only on the premises and only by
overnight guests may be issued a bed and breakfast permit.A bed and breakfast licensee shall not
sell alcohol beverages by the drink and shall not serve alcohol beverages for more than four (4)
hours in any one (1)day.
(b)An applicant for a bed and breakfast permit is exempt from the provisions of Paragraphs
3-53(c)(4)and (5),but is subject to all other requirements of this Chapter.
Sec.3-87.Tastings authorized;permit required.
(a)Tastings are authorized on the licensed premises of a retail liquor store licensee,a liquor-
licensed drugstore licensee or a fermented malt beverage and wine retailer licensee within the
City in accordance with C.R.S.§44-3-301(10),1 CCR 203-2:47-313,and subject to the
provisions of this Chapter.
(d)Retail liquor store licensees,liquor-licensed drugstore licensees and fermented malt
beverage and wine retailer licensees desiring to conduct tastings shall submit a tastings permit
application to the City.
(e)The Authority shall establish procedures for obtaining a tastings permit,which procedures
shall include,without limitation,conducting a noticed public hearing before the Authority at which
hearing the applicant must establish that the applicant is able to conduct tastings without violating
the provisions of this Chapter.The Authority may deny the application and any renewal application
if it finds that the applicant has violated any provision of the Colorado Liquor Code,Colorado
Code of Regulations or this Code pertaining to alcohol sales and service in the previous two (2)
years,if the applicant has not established the ability to conduct tastings in accordance with the
provisions of this Chapter or if the Authority finds that the proposed tastings would create a public
safety risk to the neighborhood.The notice required prior to the issuance of the permit shall be
posted and published as required by C.R.S.§44-3-311.
(f)The forms for the tastings permit application,the renewal application and the tastings permit
shall be prescribed by the Authority.These forms shall include,without limitation,a schedule
of the dates and times of the tastings to be conducted on the licensed premises during the term
of the permit.The licensee may deviate from the approved schedule,provided that:
(1)The licensee gives the City Clerk and the City’s liquor enforcement officer seven (7)
days’prior written notice of such deviation;and
(2)Such deviation does not violate any provision of this Chapter,the Colorado Liquor Code,
Colorado Code of Regulations or any other state requirement or municipal ordinance or
regulation.An applicant for a tastings permit must also include with the filing of the
initial and any renewal application,and keep current with the City Clerk’s office at all
times,written proof that the licensee and each employee of the licensee who will be
conducting the tastings have completed a server training program for tastings that meets
the standards required by state law.
(g)Renewal of a tastings permit shall be concurrent with the renewal of licenses for retail liquor
stores,liquor-licensed drugstores and fermented malt beverage and wine retailers.A
licensee’s initial tastings permit shall expire on the same date as the date of the licensee’s
retail liquor store,liquor-licensed drugstore,or fermented malt beverage and wine retailer
license expires.The initial tastings permit application fee shall not be prorated if the permit
expires in less than a year.Tastings permit renewal forms shall be submitted to the City Clerk.
(h)A tastings permit shall be conspicuously and prominently posted by the licensee on the
licensed premises at all times during business hours.
(i)A tastings permit shall only be issued to a retail liquor store,a liquor-licensed drugstore or a
fermented malt beverage and wine retailer licensee whose license is valid,not subject to a
current or pending enforcement action by the City or the State and in full force and effect.
Sec.3-88.Limitations on tastings.
(a)Tastings within the City shall be subject to the following limitations:
(1)Tastings shall be conducted only by a person who has completed a server training
program that meets the standards established by the liquor enforcement division of the
Colorado Department of Revenue and is a retail liquor store,a liquor-licensed drugstore,
or fermented malt beverage and wine retailer licensee,or an employee of a retail liquor
store,liquor-licensed drugstore,or fermented malt beverage and wine retailer licensee,or
a representative,employee,or agent of the licensed wholesaler,brew pub,distillery pub,
manufacturer,limited winery,importer,or vintner’s restaurant promoting the alcohol
beverages for the tasting only on a licensee’s licensed premises,and only offering tastings
of the type of alcohol which that particular type of licensee is authorized to sell;
(3)The size of an individual alcohol sample shall not exceed one (1)ounce of malt or
vinous liquor or one-half (1 2)of an ounce of spirituous liquor;
(7)The licensee shall promptly remove all open and unconsumed alcohol beverage samples
from the licensed premises,or shall destroy the samples immediately following the
completion of the tastings,or store any open containers of unconsumed alcohol
beverages in a secure area outside the sales area of the licensed premises for use at a
tasting at a later time or date;
Sec.3-89.Violations of tastings permit.
(a)A violation of a limitation specified in §~3-87 and 3-88 of this Article or a permit issued
thereunder or in C.R.S.§44-3-301(10),by a retail liquor store,or a liquor-licensed
drugstore licensee,or fermented malt beverage and wine retailer licensee whether by the
licensee’s employees,agents or otherwise,shall be the responsibility of the retail liquor
store,liquor-licensed drugstore,or fermented malt beverage and wine retailer licensee who
is conducting the tasting.
(b)Retail liquor store,liquor-licensed drugstore and fermented malt beverage and wine retailer
licensees conducting a tasting shall be subject to the same revocation,suspension and
enforcement provisions as otherwise apply to those licensees by the Authority.The
Authority shall conduct a hearing with regard to any violation of §3-87 andlor §3-88 of
this Article in accordance with this Code,the Authority’s rules and regulations and C.R.S.
§44-3-601.
(c)Nothing in this Chapter shall affect the ability of a Colorado winery licensed pursuant to
C.R.S.§*44-3-402 or 44-3-403,to conduct a tasting pursuant to the authority of C.R.S.§~
44-3-402(2)or 44-3-403.
Sec.3-90.Retail Establishment Permit
(a)A person operating a qualified retail establishment within the City may be issued a retail
establishment permit to serve complimentary alcohol beverages for consumption on their premises
in accordance with and subject to the provisions in C.R.S.§44-3-424,the Colorado Liquor Rules
and this Chapter.
(b)The Authority is authorized to issue retail establishment permits in accordance with the
requirements of this Section.
(c)It shall be unlawful for any retail establishment to conduct alcohol beverage service within
the City without having first received a permit issued in accordance with this Section.
(d)Retail establishments desiring to conduct complimentary alcohol beverage service within
the confines of this permit limitations shall submit a retail establishment permit application to the
City.
(e)The Authority shall establish procedures for obtaining a retail establishment permit.The
Authority may deny the application and any renewal application if it finds that the applicant fails
to establish that it is able to offer complimentary alcohol beverages without violating C.R.S.§44-
3-424,or creating a public safety risk to the neighborhood of the applicant’s retail establishment.
(f)The forms for the retail establishment permit application,the renewal application and the
retail establishment permit shall be prescribed by the Authority.These forms shall include,without
limitation,a schedule of the dates and times of the complimentary alcohol service to be conducted
on the premises during the term of the permit.
ARTICLE IV.
ENTERTAINMENT DISTRICT
Division 1
General
Sec.3-101.Purpose.
The purpose of this Article is to recognize the City Council’s authority to create entertainment
districts in the City and to allow the Authority to approve and regulate promotional associations
and common consumption areas within the entertainment districts.
Sec.3-103.Definitions.
Entertainment district shall have the same meaning as “entertainment district”defined under
C.R.S.§44-3-103(15).
Sec.3-106.Application.
All applications for a common consumption area,certification and recertification of a promotional
association,and attachment by a liquor license to a common consumption area of a certified
promotional association shall be filed with the City Clerk.All forms must be complete,including
all requisite exhibits in accordance with local requirements.Incomplete or erroneous applications
will be rejected.
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Division 2
Approved Entertainment Districts
Sec.3-120.Entertainment District No.1.
(a)There is hereby created Entertainment District No.1,comprised of approximately 4.68
acres of property located east of College Avenue,northwest of Pine Street,northeast of Jefferson
Street,northwest of Linden Street and southwest of the Union Pacific railroad tracks,Larimer
County,State of Colorado.A map showing the location of Entertainment District No.1 is on file
in the office of the City Clerk and shall be made available for public inspection upon request.
(b)No promotional association,nor any agent,manager or employee thereof,may serve,sell
or consume any alcohol beverage within Entertainment District No.1 between the hours of 2:00
a.m.and 7:00 a.m.
Section 3.That Chapter 17,Article IV of the Code of the City of Fort Collins is hereby
amended by the addition of a new Section 17-70 which reads in its entirety as follows:
Sec.17-70.Fraudulent Identification Documents Prohibited.
(a)No person shall:
(I)Possess a lawfully issued driver’s,minor driver’s,or temporary driver’s license or
instruction permit,knowing that such license or permit has been falsely altered by means
of erasure,obliteration,deletion,insertion of new matter,transposition of matter,or any
other means so that such license or permit in its thus altered form falsely appears or purports
to be in all respects an authentic and lawfully issued license or permit.
(2)Display or represent as being such person’s own any driver’s,minor driver’s,or
temporary drivers license or any instruction permit which was lawfully issued to another
person.
(3)Permit any unlawful use of a driver’s license issued to such person.
(4)Display,cause or permit to be displayed,or have in that person’s possession any
surrendered,fictitious,fraudulently altered,or fraudulently obtained identification card.
(5)Lend that person’s identification card to another person or knowingly permit the
use thereof by another.
(6)Display or represent any identification card to another not issued to that person as
being that person’s card.
(7)Permit any unlawful use of an identification card issued to that person.
(8)Photograph,photostat,duplicate,or in any way reproduce any driver’s license or
identification card or facsimile thereof in such a manner that it could be mistaken for a
valid license,or to display or have in that person’s possession any such photograph,
photostat,duplicate,reproduction,or facsimile unless authorized by law.
(b)For the purposes of this Section,the following words,terms and phrases,shall have the
meanings ascribed to them:
(1)Driver’s license,minor driver’s license,or temporary driver’s license or instruction
permit shall mean a document issued by any national,state or local government permitting
a person to drive a motor vehicle.
(2)Identification card or Ident~fi cation documents shall mean documents that were
issued for the purpose of identifying the person to whom the document was issued.Such
documents include,without limitation,documents issued by governmental agencies that
contain identifying data such as the date and place of birth of the person identified;;and
official identification cards.
(3)An identification document,driver’s license,minor driver’s license,or temporary
driver’s license or instruction permit is of another person if it was validly issued,but for
a person other than the possessor.
(c)A liquor licensee,or an employee of a liquor licensee,may seize and hold for evidence any
identification referenced in this Section if acting in good faith and upon probable cause to believe
that the identification is possessed or displayed or presented in violation of this Section.
(d)An offense under subsection (a)(5),(a)(6),(a)(7)or (a)(8)of this Section is a petty offense
punishable in accordance with §1-15(h).
Section 4.That Section 17-141 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec.17-141.Carrying or drinking alcohol or fermented malt beverages in certain places.
(a)No person shall carry or have any opened container of alcohol or fermented malt beverage
on any street,sidewalk,alley or other public place,in any automobile or on the grounds or in the
facilities of any public or private school,college or university except where authorized by the City
Manager or their designee of such place or the governing authority of such institution.
As used in this Section:
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 alcohol,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 C.R.S.§44-3-423(1),and such resealed container remains sealed and is not
present in the front driver or passenger compartment of an automobile.Also,if any alcohol 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 alcohol
or fermented malt beverage has been transferred shall be deemed to be an opened
container under this definition,unless otherwise authorized by law.
Section 5.That Chapter 17,Article IX of the Code of the City of Fort Collins is
hereby amended to read as follows:
Sec.17-161.Definitions.
For the purposes of this Article,the following words,terms and phrases shall have the meanings
ascribed to them in this Section:
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 Liquor Code,Colorado Beer and Wine Code and the Colorado Liquor Rules.
Marijuana shall have the same definition as in §17 190.
Pri vate place shall have the same definition as in §17-130.
Sec.17-167.Underage possession or consumption of alcohol prohibited.
(3)The person 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”,C.R.S.Article 64 of Title 23.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;
(g)The Municipal Court shall report violations of this Section and the failure to complete an
alcohol education program to the Colorado Department of Revenue pursuant to C.R.S.,Part I in
Title 42 of Article 2.
Sec.17-168.Social host for ethyl alcohol or marijuana possession or consumption by
persons under twenty-one years of age.
(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”,C.R.S.Article 64 of Title 23.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;
Sec.17-169.Underage Sales Prohibited.
No person may sell,serve,deliver,exchange,give away,or cause or permit the sale,serving,
delivering,giving,or procuring of,any ethyl alcohol to a person under twenty-one (21)years of
age.
Sec.17-170.Misrepresentation of Age Prohibited.
(a)No person may obtain or attempt to obtain any ethyl alcohol by misrepresentation of their
age or by any other method in any place where ethyl alcohol is sold when a person is under twenty-
one (21)years of age.
(b)A liquor licensee,or an employee of a liquor licensee,may seize and hold for evidence any
identification if acting in good faith and upon probable cause to believe that the identification is
possessed or displayed or presented in violation of this section.
Introduced,considered favorably on first reading and ordered publisi this 5th day of December,
2023,and to be presented for final
ATTEST:
City Clerk1~
Passed and adopted on final
ATTEST
iber,2023.
City Clerk