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covering the same matters as embraced in this Ordinance are hereby repealed and all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repealed; provided, however, that such repeal shall not affect or prevent the prosecution or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:
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OLA-aticlitLi -
coLORAOO Antoinette McVeigh, Town Clerk
Published in the Middle Park Times on May 16, 2019.