HomeMy WebLinkAbout122 - 10/16/2018 - AMENDING SECTIONS 17-141 AND 17-161 OF THE CITY CODE REGARDING ALCOHOL ORDINANCE NO. 122, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTIONS 17-141 AND 17-161
OF THE CITY CODE REGARDING ALCOHOL
WHEREAS, On January 19, 2016, the City Council approved Ordinance No 004, 2016
amending Chapter 17 to establish an offense for underage possession or consumption of ethyl
alcohol; and
WHEREAS, Ordinance No. 004, 2016 added the definitions of ethyl alcohol and
possession of ethyl alcohol into Section 17-141 of the Code; and
WHEREAS, On April 19, 2016, the City Council approved Ordinance No. 047, 2016,
which amended Chapter 17 to prohibit a social host from allowing the possession or consumption
of ethyl alcohol or marijuana by persons under twenty-one years of age,and at that time a definition
of ethyl alcohol was added to Section 17-161; and
WHEREAS, in order to ensure the correct terms are defined for relevant sections of the
City Code,City staff has recommended that the definitions of ethyl alcohol and possession of ethyl
alcohol be eliminated from Section 17-141 of the Code; and that possession of ethyl alcohol be
added into section 17-161 of the Code; and
WHEREAS, staff has also recommended that the term"liquor"be changed to"alcohol" in
Section 17-141, and that definitions for the terms "alcohol" and "fermented malt beverage" be
added in accordance with the state law; and
WHEREAS, the City Council has determined that the proposed City Code amendments
are in the best interest of the City and its citizens.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE.CITY OF FORT
COLLINS as follows:
Section L That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. 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 governing authority of such institution.
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(b) No person shall drink any alcohol or fermented malt beverages in.or on any of the
above enumerated places.
(c) The foregoing prohibitions shall not apply to any place duly licensed for the sale of
alcohol or fermented malt beverages.
(d) As used in this Section:
Alcohol shall mean fermented malt beverage or malt, vinous, or spirituous liquor; except
that "alcohol' shall not include confectionary containing alcohol within the limits
prescribed by section 25-5-410 (1)(i)(II), C.R.S.
Fermented malt beverage shall mean any beverage obtained by the fermentation of any
infusion or decoction of barley, malt, hops, or any similar product or any combination
thereof in water containing not less than one-half of one percent alcohol by volume and not
more than three and two-tenths percent alcohol by weight or four percent alcohol by
volume;except that "fermented malt beverage"shall not include confectionary containing
alcohol within the limits prescribed by section 25-5-410 (1)(i)(II), C.R.S.
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 Section 12-47-411(15), 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 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.
Section 3. That Section 7-161 of the Code of the City of Fort Collins is hereby
amended by the addition of a new definition "Possession of ethyl alcohol' which reads in
its entirety as follows:
Possession of ethyl alcohol shall mean that a person has or holds any amount of ethyl
alcohol anywhere on his or her person, or that a person owns or has custody of ethyl
alcohol, or has ethyl alcohol within his or-her immediate presence and control.
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Introduced, considered favorably on first reading, and ordered published this 2nd day of
October, A.D. 2018, and to be presented for final passage on the 16th day of October, A.D. 2018..
Mayor
ATTEST:
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SEAL
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Passed and adopted on final reading on the 16th day of October, A.D. 2018.
Mayor
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