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HomeMy Public PortalAboutOrdinance 469 Amending Chapter 10 Article 2 Section 90 Regarding Alcoholic Beverages TOWN OF FRASER ORDINANCE NO. 469 Series 2019 AN ORDINANCE AMENDING CHAPTER 10 ARTICLE 2 SECTION 90 OF THE FRASER MUNICIPAL CODE REGARDING ALCOHOLIC BEVERAGES WHEREAS, the Colorado State Statues have been revised and the current town code requires amending accordingly. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, AS FOLLOWS: PART 1: AMENDMENT OF MUNICIPAL CODE Chapter 10 (General Offenses), Article 2 (Public Peace, Order and Decency) Section 90 (Open Containers Prohibited) of the Fraser Municipal Code (herein sometimes referred to as the "Municipal Code") is hereby amended as follows [Note: additions are shown in bold underlined print; deletions are shown as strikethreugh print]: ARTICLE 10- General Offenses Sec. 10-2-90 - Open containers prohibited (a) It is unlawful for any person to possess any alcoholic beverage (as defined by Title 12 Article 4-7, Title 44, Article 3 C.R.S.) or fermented malt beverage (as defined by Title 12, Article 46, Title 44, Article 4 C.R.S.) in any open container in any public place within the Town or in the interior of any automobile while the automobile is either parked on a public street or alley within the Town or is being operated on a public street or alley within the Town, except within an establishment licensed by the Town to sell such beverages for consumption upon the premises. (b) Any peace officer is authorized to seize any alcoholic beverage which is used in the commission of a violation of Subsection (a) above. If no summons or complaint is issued for a violation of this Section and if the circumstances reasonably permit, the peace officer may require the person who has committed a violation of this Section to abandon the alcoholic beverage to the officer for destruction. (c) The provisions of this Section shall not apply to a person in possession of one (1) opened but resealed container of partially consumed vinous liquor which was lawfully removed from the licensed premises of an establishment holding a hotel and restaurant license pursuant to Section 1-2-47-4-1-1-(-3.5) 44-3-413 C.R.S. PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. PART 5: PUBLICATION. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 8th DAY OF MAY, 2019. Votes in favor: 7 BOARD OF TR STE S OF TH Votes opposed: 0 T R SER, OLOR Votes abstained: n BY: Philip Vandernail, Mayor �N OF F�S S�° F,S) ATTEST: (.' AAL ` OLA-aticlitLi - coLORAOO Antoinette McVeigh, Town Clerk Published in the Middle Park Times on May 16, 2019.