HomeMy WebLinkAbout2005- 5 Amending Section 6-3C-5C of the Vail Town Code Concerning the Possession of Liquor by Underage Persons
• ORDINANCE NO. 5
Series of 2005
AN ORDINANCE AMENDING SECTION 6-3C-5C OF THE VAIL
TOWN CODE, CONCERNING THE POSSESSION OF LIQUOR
BY UNDERAGE PERSONS, AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado, is a home
rule municipal corporation duly organized and existing under laws of the State of Colorado and
the Town Charter; and
WHEREAS, the members of the Town Council of the Town of Vail have been duly
elected and qualified; and
WHEREAS, certain text amendments are necessary to the Town of Vail Police
Regulations, as they relate to the possession or consumption of liquor by underage persons, to
be consistent with the Colorado Revised Statutes; and
WHEREAS, The Town Council finds that this ordinance is necessary and proper for the
health, safety and welfare of the Town of Vail and the inhabitants thereof.
• NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. Section 6-3C-5(C) of the Municipal Code of the Town of Vail is hereby amended to
read as follows: (additions are shown in bold and underline; deletions are shown in
stf+l~e##rear+~):
C. Illegal Possession Or Consumption Of Liquor By Underage Persons: #t shall-facet
an~~ssn un ~srs cn's pesss~s~a~cr in
k?is~eF~s~sl in a rablis-pla~sr a r ' rla cf the
sny mal'., ~lnauc, sr sriritaci::= -cr sn~~#arr~~~ated mal
l+mi#s:
,(11 As used in this section. unless the context otherwise requires:
~a1 "Establishment" means a business. firm. enterprise. service or fraternal
organization. club. institution. entita. grouiia. or residence. and any real property.
• Ordinance No. 5, Series of 2005 1
including buildings and improvements. connected therewith. and shall also include anv
members, employees. and occupants associated therewith.
(b1 "liauors" means anv substance which is or contains ethyl alcohol.
(cl "Possession of liauors" means that a person has or holds anv amount of ethyl
alcohol anywhere on his person. or that a person owns or has custody of ethyl alcohol.
or has ethyl alcohol within his immediate presence and control.
(d) "Private pronertv" means anv dwelling and its curtilaae which is being used by a
natural person or natural persons for habitation and which is not open to the public and
privately owned real property which is not open to the public. "Private pronertv" shall not
include:
(I) Anv establishment which has or is required to have a license pursuant to article 46.
47. or 48 of title 12, C.R.S.; or
(II) Anv establishment which sells ethyl alcohol or upon which ethyl alcohol is sold;
• or
(III) Anv establishment which leases. rents. or provides accommodations to members,
of the public generally.
(21 Anv person under twenty-one vears of age who possesses or consumes ethyl
alcohol anywhere in the town of Vail commits illegal possession or consumption of
liauors by an underage person. Illegal possession or consumption of liauors by an
underacc~ n~rs~n is a strict liability offense.
(31 It shall be an affirmative defense to the offense described in subsection ~2) of this
section that the ethyl alcohol was possessed or consumed by a person undertwenty-one
vears of age under the following circumstances:
fa) While such person was legally upon private pronertv with the knowledge and
consent of the owner or legal possessor of such private properfi+ and the ethyl alcohol
was possessed or consumed with the consent of his parent or legal guardian who was
present during such possession or consumption; or
• Ordinance No. 5, Series of 2005 2
4
(bl When the existence of ethyl alcohol in a person's body was due solely to the
ingestion of a confectionery which contained ethyl alcohol within the limits prescribed by
Section 25-5-410 (11 (i) (III. C.R.S.: or the ingestion of any substance which was
manufactured. designed. or intended primarily for a purpose other than oral human
inPestion: or the ingestion of any substance which was manufactured. designed. or
intended solely for medicinal or hygienic purposes: or solely from the ingestion of a
beverage which contained less than one-half of one percent of ethyl alcohol by weight.
Jcl The person is a student who:
JIl Tastes but does not imbibe an alcohol beverage only while under the direct
supervision of an instructor who is at least twenty-one years of age and employed by a
post-secondary school:,
(111 Is enrolled in a university or apost-secondary school accredited or certified by an
agency recognized by the United States department of education, a nationally recognized
accrediting agency or association. or the "Private Occupational Education Act of 1981"~
article 59 of title 12. C.R.S.:
(1111 Is participating in a culinary arts, food service. or restaurant management decree
program: and
(IV) Tastes but does not imbibe the alcohol beverage for instructional purposes as a
part of a required course in which the alcohol beverage, except the portion the student
tastes. remains under the control of the instructor.
LI The possession ~r c~ngumption of ~thvl alcohol shall not constitute a violation of
this section if such possession or consumption takes place for religious purposes
protected by the first amendment to the United States Constitution.
(51 Prima facie evidence of a violation of subsection (21 of this section shall consist
of:
(a) Evidence that the defendant was under the aPe of twenty-one years and
possessed or consumed ethyl alcohol anywhere in the town of Vail: or
Ordinance No. 5, Series of 2005 3
• Jbl Evidence that the defendant was under the age of twenty-one years and
manifested any of the characteristics commonly associated with ethyl alcohol
intoxication or impairment while present anywhere in the town of Vail.
J6) During any trial for a violation of subsection (2) ~f this section. any bottle. can. or
any other container with labeling indicating the contents of such bottle. can. or container
shall be admissible into evidence. and the information contained on any label on such
bottlR~ can. or ether container shall be admissible into evidence and shall not constitute
~ hearsay. A iurv or a fudge. whichever is appropriate, may consider the information uaon
such label in determining whether the contents of the bottle. can. or other container were
composed in whole or in Hart of ethyl alcohol. A label which identifies the contents of
any bottle. can. or other container as "beer", "ale". "malt beverage". "fermented malt
beverage". "malt liauor". "wine". "champagne". "whiskey" or "whisky". "gin". "vodka"ti
"tequila". "schnapps". "t?randv". "cognac", "liqueur". "cordial". "alcohol". or "liauor"
shall constitute prima facie evidence that the contents of the bottle, can. or other
container was composed in whole or in part of ethyl alcohol.
f 7) The qualitative result of an alcohol test or tests shall be admissible at the trial of
nersgn charae~i with a violation gf subsection (2) of this section upon a showing that
the device or devices used to conduct such test or tests have been approved as accurate
in detecting alcohol by the executive director of the department of public health and
environment.
J8) Upon the expiration of one year from the date of a conviction for a violation of
subsection (21 of this section, any person convicted of such violation may petition the
Vail Municipal Court for an order sealing the record of such conviction. The Court shall,
grant such petition if the petitioner has not been arrested for. charged with, or convicted,
of any felony, misdemeanor. or Hefty offense during the period of one year following the
date of such petitioner's conviction for a violation of subsection X21 of this section.
Section 2. It is unlawful for any person to violate any of the provisions of this Ordinance.
Every person convicted of a violation of any of the provisions of this Ordinance shall be
punished In accordance with the General Penalty provision of the Vail Town Code, Section 1-4-
1, which provides for a fine not exceeding nine hundred ninety-nine dol{ars ($999.00) or
• Ordinance No. 5, Series of 2005 4
incarceration not exceeding one hundred eighty (180) days, or by both such fine and
• incarceration.
Section 3. 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 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 4. 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 5. This ordinance shall be effective five (5) days after publication following final
passage.
Section 6. 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 7. 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 ON FIRST READING this 15St day of March, 2005 and a public
hearing for second reading of this Ordinance set for the 5th day of April, 2005, at 6:00 P.M. in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
~OV~ N~pF C/
Rodney E. ~5lifer, Mayor
E
~ AL .
• ATTEST: ~ ,
Ordinance No. 5, Series of 2005 ~CpRp~pp 5
~ a.PD~ ~
Lol~e~t~ei onaldson, 'Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND
ORDERED PUBLISHED in full this 5T" day of April, 2005.
•..~p
~'~'1,.
: r
~ •
~D
O ;
• ; Rodney E. Slifer, Mayor
Attest:
~9p~
v~x.,~l ~V~
L~lrelei Donaldson, Town Clerk
•
Ordinance No. 5, Series of 2005 6
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