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Home My WebLink AboutBOCC Packet 01092013 X-Games AGENDA ITEM SUMMARY REGULAR MEETING DATE: January 9, 2013 AGENDA ITEM TITLE : An Ordinance of the Board of County Commissioners of Pitkin County, Colorado Prohibiting the Consumption of Alcohol on Unlicensed Public Premises for the Duration of the 2013 X-Games STAFF RESPONSIBLE: Ron Ryan, Deputy Sheriff, Pit Department; John Ely, County Attorney ISSUE STATEMENT : This is the first reading of an annual ordinance constructed to curtail the use of alcohol on unlicensed public premises during the Winter X-Games in an effort to reduce the occurrence of alcohol related incidents during the events. BACKGROUND: In the past, public conduct related to inebriated persons presenting at the Winter X-Games created numerous problems. Often, people would consume alcohol either at the event venue or at other public locations throughout the County, including the shuttle parking lot established for the events. The BOCC has adopted ordinances prohibiting possession and consumption of alcoholic beverages on unlicensed public premises throughout the County for the duration of the Winter X-Games each year beginning in 2008, which has led to a significant reduction in alcohol related incidents at the events. Therefore, the County will once again enforce this regulation for the duration of the 2013 Winter X-Games, which are being held from January 24 through January 27 on Buttermilk Mountain. This ordinance shall become effective upon adoption at second reading on January 23, 2013 and shall sunset and repeal without further action of the Board at 12:01 a.m. on January 28, 2013. LINK TO STRATEGIC PLAN: Safe and Healthy Community KEY DISCUSSION ITEMS: Enactment of an ordinance prohibiting the consumption of alcohol on unlicensed public premises within Pitkin County for the duration of the 2013 Winter X-Games. BUDGETARY IMPACT: None perceived. RECOMMENDED BOCC ACTION: Approve ordinance and set for second reading and public hearing on January 23, 2013. ATTACHMENT: Ordinance AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO PROHIBITING THE CONSUMPTION OF ALCOHOL ON UNLICENSED PUBLIC PREMISES FOR THE DURATION OF THE 2013 WINTER X-GAMES ORDINANCE NO. _____ - 2013 RECITALS 1. Section 30-35-301 C.R.S. authorizes Home Rule counties to make and publish ordinances to discharge the powers conferred upon such counties by law. Pitkin County is a Home Rule County. 2. Section 30-25-402, C.R.S. specifies that any person who violates any county ordinance commits a Class 2 Petty Offense and that a penalty assessment procedure shall be followed if specified by the county ordinance. 3. The purpose of this Ordinance is to regulate the possession and consumption of alcoholic beverages in public places within Pitkin County for the duration of the 2013 Winter X-Games, which are being held on Buttermilk Mountain from January 24 through January 27, 2013. 4. In the past, public conduct related to inebriated persons presenting at the Winter X-Games created numerous problems. 5. The BOCC has adopted ordinances prohibiting possession and consumption of alcoholic beverages on unlicensed public premises throughout the County for the duration of the Winter X-Games since the year 2008, which has led to a significant reduction in alcohol related incidents at the events. Therefore, the County will once again enforce this regulation. 6. This Ordinance applies to Pitkin County in its entirety, including any shuttle parking lots established for the events as persons have been known to consume alcohol both at the event venue itself and at various public locations throughout the County prior to arriving at the event venue. 7. The Board finds that it is unlawful to consume malt, vinous, or spirituous liquor in any public place except on any licensed premises pursuant to C.R.S. § 12-47- 901. 8. This Ordinance becomes effective on January 23, 2013 and it will sunset on January 28, 2013 at 12:01 a.m. Ordinance No. _______ -2013 Page 2 9. The BOCC finds that adoption of this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County. NOW THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts and enacts the following regulations pertaining to the public consumption of malt, vinous or spirituous liquors in public places. This Ordinance shall be effective beginning January 23, 2013 and shall sunset and repeal without further action of the Board of County Commissioners of Pitkin County, Colorado at 12:01 a.m. on January 28, 2013. PROHIBITION OF PUBLIC CONSUMPTION OF ALCOHOL ON UNLICENSED PREMISES 1. DEFINITIONS A) For purposes of this Ordinance alcoholic beverages means any fermented malt beverage or any malt, vinous or spirituous liquors as defined under the Colorado Liquor Code. B) For purposes of this Ordinance container means any enclosing structure or vessel including but not limited to decanter, flask, bottle, jar, thermos, bottle, cup, can, jug or hydration vessel. C) For purposes of this Ordinance public place means: 1) In or on any public highway, street, walkway, parking lot, building, park, open space or other public property, whether in a vehicle or not. 2) In or on those portions of any private property upon which the public has an express or implied license to enter or remain. 3) In or on any other private property without the express or implied permission of the owner or person in possession and control of such property. 4) In any vehicle whether the vehicle is traveling upon public or private highways and roads within Pitkin County or parked in any location. D) For purposes of this Ordinance, opened container means any container other than the original closed container as sealed or closed for sale to the public by the manufacturer or bottler of the liquor or beverage. If an original container has been unsealed or opened in any manner it is considered an open container for purposes of this section. 2. POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES PROHIBITED Ordinance No. _______ -2013 Page 3 A) No person within Pitkin County shall possess an opened container of, or consume any malt, vinous, or spirituous liquor or fermented malt in a public place, except in premises licensed for consumption of liquor or beverage involved or for events licensed with a Pitkin County Special Event Permit to be conducted in a public place, and specifically licensed to provide alcoholic beverages at such event. B) Any Colorado Peace Officer is authorized to enforce this Ordinance and to seize any malt, vinous or spirituous liquor or fermented malt possessed in violation of this section. If circumstances reasonably permit, the officer may require the possessor to leave the prohibited area with the alcoholic beverage or require the possessor to abandon the beverage to the officer 3. VIOLATIONS- PENALTIES A) Violation of any part of this Ordinance shall be a Class 2 Petty Offense with a maximum fine not to exceed $250. Any Colorado Peace Officer shall be authorized to serve a Summons and Complaint or Penalty Assessment, at his/her discretion, on any Person who violates the provisions of this Ordinance. Summonses and Complaints shall be referred to the District Attorney for prosecution in Pitkin County Court. Non payment of a Penalty Assessment shall result in prosecution of the Penalty Assessment as a Summons and Complaint pursuant to § 16-2-201, C.R.S., as amended. B) Any person who aids, assists or abets any person in violation of this Ordinance shall be subject to the same penalties specified in paragraph A of this section. C) Proceeds from penalty payments relative to this Ordinance shall be forwarded to the Board of County Commissioners of Pitkin County, Colorado for inclusion within the County general fund pursuant to C.R.S. §30-15-402. th INTRODUCED AND APPROVED AT THE REGULAR MEETING ON THE 9DAY OF JANUARY 2013 AND SET FOR SECOND READING AND PUBLIC HEARING RD ON THE 23 DAY OF JANUARY 2013. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON JANUARY 10, 2013. Ordinance No. _______ -2013 Page 4 NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com ) ON THE ______ DAY OF_______________2013. RD ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 23 DAY OF JANUARY 2013. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE ______DAY OF_______________2013. THIS ORDINANCE IS EFFECTIVE UPON ADOPTION. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ______________________________ _________________________________ Jeanette Jones Chair Deputy Clerk Date: ______________________________ APPROVED AS TO FORM: ______________________________ ___________________________________ John M. Ely Jon Peacock County Attorney County Manager