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Home My WebLink About2004-19 Amending Section 6-3C-4 of the Vail Municipal Code as it Relates to Possession of Opened Containers of Vinous LiquorORDINANCE 19 SERIES 2004 AN ORDINANCE AMENDING SECTION 6-3C-4 OF THE MUNICIPAL CODE OF THE TOWN OF VA1L AS IT RELATES TO POSSESSION OF OPENED CONTAINERS OF VINOUS LIQUOR; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, pursuant to certain amendments made to Chapter 47 of Title 12 of the Colorado Revised Statutes, an establishment possessing a valid Hotel and restaurant liquor license may permit a customer of the hotel or restaurant to reseal and remove from the licensed premises one opened container of partially consumed vinous liquor purchased on the premises so long as the original container did not contain more than 750 milliliters of vinous liquor; and WHEREAS, certain text amendments are necessary to the Town of Vail Police Regulations, as they relate to the possession of opened containers of vinous liquors, in order to be consistent with state statute. WHEREAS, the Vail Town Council considers it in the interest of the public health, • safety, and welfare to adopt this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 6-3C-4 of the Municipal Code of the Town of Vail is hereby amended as follows: (additions are shown in bold) 6-3C-4: DRINKING IN PUBLIC: A. Prohibited: It is unlawful for any person to drink any malt, vinous, or spirituous liquors upon any street, aNey, sidewalk, public building or public parking lot in the town or within any vehicle upon the streets, alleys, sidewalks or public parking lots in the town except by written authorization of the town council. It is unlawful for any person to possess or have in such person's possession or under his/her control in or upon any street, alley, sidewalk, public building or public parking lot in the town, any malt, vinous, or spirituous liquors in any container of any kind or description which is not sealed or upon which the seal is broken. The word "sealed" means the regular seal applied by the • United States government over the cap of all malt, vinous or spirituous liquors. Notwithstanding the foregoing, it shall not be unlawful for any person to have in Ordinance 19, Series of 2004 . his or her possession or under his or her control one opened container of vinous liquor removed from a licensed premise pursuant to and subject to the {imitations set forth in C.R.S. § 1217-411(3.5), as amended. B. Closed Containers Prohibited: 1. Affected Areas: No person shall possess any malt, vinous, or spirituous liquor or fermented malt beverage in or upon any public highway, street, alley, walk, parking lot or any other public property or place or in or upon those portions of any private property upon which the public has an expressed or implied license to enter or remain within the area bounded by: Vail transportation center/village parking structure to the north, the south edge of Seibert Circle to the south, Mill Creek to the east, the eastern curb line of Willow Bridge Road from Gore Creek Drive through the International Bridge. The affected area is inclusive of Wall Street from Gore Creek Drive through One Vail Place and the Gore Creek Promenade from Willow Bridge Road through the Children's Fountain, between six o'clock (6:00) P.M. and six o'clock (6:00) A.M., from June 30 through July 5, and between six o'clock (6:00) P.M. on December 31 and six o'clock (6:00) A.M. of January 1 of each year. 2. Exception: Notwithstanding the foregoing, persons shall have the right to possess malt, vinous or spirituous liquor or fermented malt beverage in said area if they are taking it to permanent or temporary residence located in said area. In addition, it shall not be unlawful for any person to have in his or her possession or under his or her control one opened container of vinous liquor removed from a licensed premise pursuant to and subject to the limitations set forth in C.R.S. § 12-47- 411(3.5), as amended. 3. Resolution By Officer: Any peace officer is authorized to seize any malt, vinous or spirituous liquor or fermented malt beverage possessed in violation of this section. tf no summons or complaint is issued for the violation and if the circumstances reasonably permit, the officer may require the possessor to leave the prohibited area with the alcoholic beverage or to abandon the beverage to the officer for destruction at such person's option. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it Ordinance 19, Series of 2004 • would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, ~ determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, • ~ inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL this 3ro day of August, 2004, and a public hearing for second reading of this Ordinance is set for the 17th day of August, 2004, at 6:00 pm in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ~o~yM ~O F ~, SEAL :, Attest: cO~pRpt'~ ~~ • ore i Donaldson, Town Clerk Ordinance 19, Series of 2004 ~/~~~ / ~~ Rodney. iferGl • ,7 • READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED ONCE IN FULL this 17"' day of August, 2004 ~N O F •~~ O.• • ~ : •. • • SEA • L• • • Attest: cOLOF~''~ ~drelef Donaldson, Town Clerk ~~ Rodney E. Slifer, M or' Ordinance 19, Series of 2004 o :smmw~ ~ ~w ~ ~~~. ~~m~~ gFyDp- ~ F 1! ~ ~Z~. O ~m4 $: Way W c `3._~°! ~~ ~ ~~~. ~ ~~ ~ ~~ - i0~ ' $3 i .. _~ "~i -~~ ~~~ ~z3 ~~ my ~ ~Q ~~ m~ ~° ~ a> ~~ ~~ ~~j ~~ ~~ ~_~ ~ F- p ~~ ~~~ n ~~ ~ ~~ ~~ ! ~ F ~~~~~' ~U - C~ Q ~~~~~~.~ g . +$.~.` ~5t$ y ~' O O N ~p i" C1 ~ O O a a ~ ~ :~ ~ :~ .~ ~ ° ~ ~ ~ o ~ • a a ~U ~.. 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