CHAPTER 2
MISCELLANEOUS OFFENSES
MISCELLANEOUS OFFENSES
SECTION:
4-2-1: Weapons (Rep. by Ord. 310, 2-13-2018)
4-2-2: Open Liquor Containers
4-2-3: Local Liquor Licensing Authority
4-2-4: Gambling
4-2-5: Curfew, Minors (Under 18 Years Of Age)
4-2-6: Public Parks, Wastewater Treatment Plant And Cemetery; Restriction On Use
4-2-7: Disorderly Conduct
4-2-8: Trespass
4-2-9: Loitering On School Grounds Or In A School Building
4-2-10: Possession And Use Of Tobacco Products, E-Cigarettes, And Similar Vaping Devices By Minors
4-2-11: Shoplifting And Theft Prohibited
4-2-12: Marijuana Facilities And Retail Stores
It shall be unlawful for any person or persons to carry or have any open containers of any malt, vinous or spirituous liquors or fermented malt beverages in any vehicle in the Town, or on the grounds of any public school in said Town, or on any public street, sidewalk, alley or other public way or public place, including all Town of Simla parks and ball fields, except for licensed premises within the Town. All law enforcement officers are authorized and empowered to arrest or cause to be arrested, with or without process, any persons found violating the provisions of this section. (Ord. 268, 7-8-2008)
For the purpose of this section, the Governing Body of the Town shall be considered as the local licensing authority.
Any person found guilty of violating this section shall be punished for each violation by a fine as provided in section 1-4-1 of this Code. (1990 Code)
The "local licensing authority" as defined in Colorado Revised Statutes 12-46-103(4) and 12-47-103(17), as amended, shall be the board of trustees. The town clerk and recorder shall serve as the executive secretary to the local licensing authority, hereinafter referred to as the "LLA" and shall be responsible for coordinating and receiving all payment of fees, application forms, and other documentation associated with the licensing process. The LLA shall exercise all discretion and responsibilities as set forth in the Colorado Revised Statutes article 47, title 12, also known as the Colorado liquor code and shall cooperate as necessary with the state licensing authority, hereinafter referred to as "SLA". Any differences or inconsistencies between the state statute as described herein and this code shall be settled in favor of the state statute, it being the intent of the LLA to follow the procedures and laws as set forth in the Colorado liquor code. A copy of the Colorado liquor code shall be kept on file with the town clerk and recorder for review and consideration by all town residents.
A. Licensing Process: A person or entity, referred to as the applicant, desiring to sell alcoholic liquors must first file the appropriate application with and obtain approval of the application from the LLA. The application process shall be that process set forth in Colorado Revised Statutes 12-47-301 et seq., as amended. Applicants shall be required to familiarize themselves with the state statute and must comply strictly with the requirements of the Colorado liquor code. The town clerk may provide such assistance, information, and forms as the clerk may be provided by the SLA, but the clerk is not required or allowed to render legal advice to an applicant.
B. Local Option: The licensing process shall be that process mandated by the Colorado liquor code unless the town elects to restrict entirely the sale of liquor within the town boundaries by following the petition/election process outlined in Colorado Revised Statutes 12-47-105, "local option", as amended.
C. Exemption From Licensing Process: Those persons and entities which are deemed to be exempt from the licensing requirements, as set forth in Colorado Revised Statutes 12-47-106, as amended, shall not be required to apply for a liquor license. Such exemptions include the sale or distribution of sacramental wines used for religious purposes.
D. License Requirements And Restrictions, License Transfer, Temporary Permits, And License Renewal:
1. The town has authority to consider and issue only those types of liquor licenses listed in Colorado Revised Statutes 12-47-309, as amended. Further, those persons or entities defined in Colorado Revised Statutes 12-47-306, as amended, prohibited from holding a liquor license, shall not be issued or allowed to maintain a liquor license within the boundaries of the town. Additionally, such persons or entities shall be prohibited from providing financial assistance to a holder of a liquor license as set forth in Colorado Revised Statutes 12-47-308, as amended.
2. The procedures and time requirements involved with the application for a new liquor license shall be those requirements, procedures, and time requirements as set forth in Colorado Revised Statutes 12-47-301, 12-47-311, 12-47-312, and 12-47-313, as amended.
3. The transfer of the ownership of a properly issued liquor license and the issuance of temporary permits shall be governed by the procedures and requirements as set forth in Colorado Revised Statutes 12-47-303.
4. Applications for the renewal of a liquor license must be made to the LLA at least forty five (45) days prior to the date of expiration of the license and shall be filed in accordance with Colorado Revised Statutes 12-47-302, as amended. The LLA may refuse to grant a renewal of the license for "good cause" and pursuant to the procedures and criteria set forth in Colorado Revised Statutes 12-47-302, as amended. (Ord. 205, 9-3-1997)
E. License And Application Fees: All application and license fees are set in accordance with Colorado Revised Statutes title 12, as amended. Any application for a license to sell fermented malt beverages or alcoholic liquors, any application for the transfer of the location or of the ownership of a license, and any application for the renewal of an existing license shall be accompanied by a nonreimbursable application fee set by statute. Unless any portion of a license fee is rebated by affirmative action of the local licensing authority, the license fees, as set by statute, and apportioned between the town and the state shall be as set forth in a schedule available at all times in the office of the town clerk. (Ord. 275, 12-8-2009)
A. Gambling Prohibited: No person shall play for money or other valuable things at any game with cards, dice, billiards or with any other article, instrument or thing whatsoever which may be used for the purpose of playing or betting upon or winning or losing any money or any other thing of value, nor shall bet upon any game others may be playing.
B. Gambling Houses And Devices: No person shall keep a gaming house, or in any building or other place by himself or his agent used or occupied, procure or permit any persons to frequent or come together to play for money or other valuable thing at any game, nor shall keep nor suffer to be kept any table or other apparatus for the purpose of playing at any game or sport for money or any valuable thing, nor shall keep nor rent any such place for any such purpose. (Ord. 22, 4-19-1919)
C. Confiscation And Destruction Of Gambling Paraphernalia: All gambling devices, gambling records and gambling proceeds are subject to seizure by any peace officer and may be confiscated and destroyed by order of a court acquiring jurisdiction. Gambling proceeds shall be transmitted by court order to the general fund of the state.
D. Penalty: Any person violating any of the provisions of this section shall, upon conviction, be fined as provided in section 1-4-1 of this code for each offense. A person who engages in gambling commits a class 1 misdemeanor; a person who possesses a premises commits a class 3 misdemeanor; and a repeat offender commits a class 5 felony. (1990 Code)
The following provisions shall be applicable to the creation and enforcement of the curfew:
A. Definitions: As used in this section, the following words shall have the necessary stated meanings:
LOITER OR LOITERING: To be dilatory, to stand idly around, to linger, delay, or wander about, or to remain, abide, or tarry in a public place.
PUBLIC PLACE: A place to which the public or a substantial number of the public has access, including, but not necessarily limited to, any street, alley, road, highway, sidewalk, automobile parking lot, school, place of amusement, park, playground, and public building or facility.
B. Unlawful Acts:
1. It shall be unlawful for any person under the age of eighteen (18) years, or for any parent, guardian or other person having care or custody of any person under the age of eighteen (18) years to allow or permit such person, or for that person to loiter in or upon any public place within the town subsequent to the hour of eleven o'clock (11:00) P.M., or prior to the hour of five o'clock (5:00) A.M., except for purposes of lawful employment, or unless such person under the age of eighteen (18) years is accompanied by the parent or guardian of said person or unless such person is involved in or attending a school, religious, community or athletic activity which includes adult sponsorship and supervision.
2. It shall further be considered and deemed to be an unlawful act for any person under the age of eighteen (18) years, or for any parent, guardian or other person having care or custody of any person under the age of eighteen (18) years to allow or permit such person, or for that person to be either the driver of or the passenger in any vehicle on a public road, street, highway, or public parking lot, within the time period as proscribed in subsection B1 of this section if such person is not accompanied by his or her parent or guardian, or unless such person is either traveling to or from his or her place of lawful employment, or a school, religious, community, or athletic activity which includes adult sponsorship and supervision.
3. Such person shall be deemed to be in violation of this section, as a loiterer, either on foot or in a vehicle, if such person, following the completion of his or her employment, school, religious, community, or athletic activity, has not taken the most direct route to his home within a reasonable amount of time following the completion of the event.
C. Effective Period: The provisions of this section shall be in effect and enforceable commencing on November 7, 1995, at eleven o'clock (11:00) P.M., and shall remain enforceable throughout the year.
D. Penalty: Any person who violates any of the provisions of section 4-2-5 shall be fined for a first offense within a one (1) year period of time, the sum of forty five dollars ($45.00). Subsequent violations within one (1) year shall result in the person receiving a summons and complaint to appear in the Simla Municipal Court and may result in a fine of up to seven hundred dollars ($700.00). (Res. 64-1995, 11-7-1995; amd. Ord. 319, 8-11-2020)
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