(a) It is unlawful for any person to possess or consume by open container any alcoholic beverage, whether such possession is actual or constructive, in any public place as defined in Section 10-8-10 of this Chapter, upon property owned, operated, leased or maintained by the State or any political subdivision or agency thereof, or upon property owned, operated, leased or maintained by the City; provided, however, that it shall not be a violation of this provision to store or consume any alcoholic beverage in conformance with, and pursuant to the terms of, any validly issued permit or license. For the purpose of this Section, an unsealed or open container shall not include a container of vinous liquor that has been resealed pursuant to the provisions of Section 44-3-423, C.R.S., and is clearly recognizable to a peace officer as a container that has been resealed by the hotel or restaurant license holder.
(b) Except as otherwise authorized by this Article, it shall be unlawful for any person within the jurisdiction of the City to possess an open container of or consume any fermented malt or alcoholic beverages in public, except upon premises licensed or permitted under provisions of the Colorado Liquor Code, as amended.
(c) For the purpose of this Section, open container means any container which is either opened so that the contents can be removed or upon which the seal, cork, pull tab or any type of cap applied by the manufacturer has been broken. A container shall be deemed an open container even if such container is resealed by any type of cap or seal.
(d) For the purposes of this Section, the term in public means:
(1) In or upon any public highway, street, alley, walk, parking lot, building, park or other property or place which is owned or leased by the City or other governmental entity, whether in a vehicle or not; and
(2) In or upon those portions of any private property upon which the public has an express or implied license to enter or remain. If such express or implied license is subject to time or conduct restrictions, consumption or prohibited possession of fermented malt or alcoholic beverages on such property shall be deemed to be in public regardless of the time of day.
(e) For the purpose of this Section, the term possess or possession means exercising physical control over or holding such container, but also means exercising dominion and control over the place where such containers are found.
(f) The City Manager, or designee, may, as provided in this Subsection, grant express written permission to persons to consume fermented malt beverages, or malt or vinous liquors, on City-owned property for the following special functions: artistic events; civic events; cultural events; receptions; private parties; or other type function at the discretion of the City Manager.
(1) The City Manager shall adopt an administrative directive specifying the City properties or portions thereof upon which fermented malt beverages, or malt or vinous liquors, may be consumed.
(2) The City Manager shall grant such permission to persons applying for a permit if, considering the type of function, the City Manager finds that:
a. The application is filed with the City not later than thirty (30) days prior to the date of the event;
b. The time, location and duration of the function are not likely to significantly interfere with public traffic or services, including public safety services;
c. Procedures are proposed that are likely to ensure that underage persons and persons under the influence of alcohol will not obtain or consume fermented malt beverages, or malt or vinous liquors, served at the function;
d. Procedures are proposed that are likely to secure and supervise the area and the participants during the function;
e. The applicant agrees to be personally responsible for and provide financial guarantees to ensure the cleaning, trash disposal or repairs necessary as a result of the event for which the permit was granted. The City Manager, or designee, shall determine the amount of required financial guaranty based upon the location of the event, the duration of the event, the number of persons anticipated to attend, the failure of the applicant to clean or repair City property in conjunction with past events and the financial resources of the applicant; and
f. The applicant agrees to indemnify and hold harmless the City, its employees and agents for all liability claims arising out of the event, and to provide general liability insurance, with minimum liability limits equal to those established by the Colorado Governmental Immunity Act (Section 24-10-101, et seq., C.R.S.) to guarantee indemnification. The City Manager, or designee, may waive or reduce this insurance requirement if the applicant affirmatively establishes that the risk of liability to the City as a result of the function does not present the City with any significant additional risk of liability.
(3) The City Manager, or designee, may issue a permit for consumption of fermented malt beverages, or malt or vinous liquors, on City-owned property based upon the following criteria:
a. The request is for or on behalf of a City-sponsored or co-sponsored civil event using any City-owned property; and
b. The proposed event meets all the criteria as set forth in this Section.
(4) The City Manager, or designee, shall deny permission on the grounds that:
a. There is insufficient data presented by the applicant to make the findings required in Paragraph (2) of this Section;
b. Approval would be detrimental to the public safety, health, morals, order or welfare by reason of the nature of the event, the likelihood that the event would create a public nuisance, an unreasonable risk of violence or public disorder or result in the consumption of alcohol beverages by minors; or alternatively, the proximity of the event to schools or the failure of the applicant to conduct past events in compliance with this Section and the applicable rules and regulations;
c. Another event has previously been scheduled for the same location on the same day and time; or
d. The event would unreasonably interfere with normal activities and customary and general use and enjoyment of the facility.
(5) The granting of permission by the City Manager under this Section does not relieve the applicant from the responsibility of obtaining any license or special event permit as may be required by state law or City ordinance.
(6) This Section is not intended to create a right of use or possession of City-owned or leased property in any person or group; rather, this Section relates only to permission to consume fermented malt beverages, or malt or vinous liquors, by an individual or group who otherwise has the lawful right to use or possess City-owned or leased property pursuant to City policy.
(Ord. 347 §1, 2008; Ord. 445 §7, 2023)