HomeMy WebLinkAbout110 - 07/20/2004 - AMENDING SECTION 17-141 OF THE CITY CODE RELATING TO THE CARRYING OF LIQUOR OR OTHER FERMENTED BEVER 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:
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City Clerk
Passed and adopted on final reading this 20th day of July, A.D. 2004.
Mayor y/
ATTEST:
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City Clerk