HomeMy WebLinkAboutBocc Packet 12182013 X-Games Alcohol BanAGENDA ITEM SUMMARY
REGULAR MEETING DATE: December 18, 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
2014 X Games
STAFF RESPONSIBLE: Ron Ryan, Undersheriff, Sheriff's Office;
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 2014 ESPN Winter X
Games (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 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 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 2014 X Games, which are being held
from January 23 through January 26 on Buttermilk Mountain. This ordinance shall
become effective at 12:01 a.m. on January 23, 2014, and shall sunset and repeal without
further action of the Board at 12:01 a.m. on January 27, 2014.
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 2014 X
Games.
BUDGETARY IMPACT: None perceived.
RECOMMENDED BOCC ACTION: Approve ordinance and set for second reading
and public hearing on January 8, 2014.
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 2014 ESPN WINTER X GAMES
ORDINANCE NO. - 2014
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 30-15-402, 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 2014 ESPN Winter X Games (X Games), which are being held on
Buttermilk Mountain from January 23 through January 26, 2014.
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 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 at 12:01 a.m. on January 23, 2014, and
it will sunset at 12:01 a.m. on January 27, 2014.
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.
Ordinance No.
Page 2
- 2014
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 at 12:01 a.m. January 23, 2014, 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 27, 2014.
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
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
Ordinance No.
Page 3
- 2014
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
for destruction, at such person's option.
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.
INTRODUCED AND APPROVED AT THE REGULAR MEETING ON THE 18Th
DAY OF DECEMEBER, 2013, AND SET FOR SECOND READING AND PUBLIC
HEARING ON THE 8 DAY OF JANUARY 2014.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON DECEMBER 26,
2013.+
Ordinance No.
Page 4
- 2014
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.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 8 DAY
OF JANUARY 2014.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE DAY OF 2014.
THIS ORDINANCE IS EFFECTIVE UPON ADOPTION.
ATTEST:
Jeanette Jones
Deputy Clerk
APPROVED AS TO FORM:
BOARD OF COUNTY
COMMISSIONERS OF PITKIN
COUNTY, COLORADO
George Newman, Chair
Date:
John M. Ely Jon Peacock
County Attorney County Manager