HomeMy WebLinkAbout06062ORDINANCE NO. 6062
AN ORDINANCE AMENDING SECTION 207 OF
CHAPTER 1 OF TITLE XI OF THE 1971 CODE OF
ORDINANCES OF THE CITY OF PUEBLO RELATING TO
THE UNLAWFUL POSSESSION OF ALCOHOLIC
BEVERAGES AND IMPOSING PENALTIES FOR THE
VIOLATION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
(Brackets indicate matter to be omitted, underscoring indicates new matter.)
SECTION 1.
Section 207 of Chapter 1 of Title XI is hereby amended to read as follows:
11 -1 -207 Unlawful Possession of an Alcoholic Beverage [s]
[(1) It is unlawful for any person under twenty -one (2 1) years of age to have in his
possession malt, vinous or spirituous liquor in any store, in any public place within the City,
or inside any vehicle while upon any public place within the City.
(2) It is unlawful for any person under twenty -one (21) years of age to have in his
possession a fermented malt beverage in any store, in any public place within the City, or
inside any vehicle while upon any public place within the City.
(3) It is unlawful for any person to consume or to possess in an open container any
malt, vinous, or spirituous liquor or any fermented malt beverage in any public place within
the City except on licensed premises permitted under law to sell malt, vinous, or spirituous
liquor or fermented malt beverages by the drink for consumption thereon.
(4) It is unlawful for any person to consume or to possess in an open container malt,
vinous, or spirituous liquor or any fermented malt beverage on any private property within
the City without the consent of the owner, lessee or lawful occupant thereof.
(5) "Public place within the City" means and includes public streets, alleys, roads
or highways, sidewalks, parking lots, and private parking areas and shopping centers open
to public use.
(6) Violation of any provision of this section shall be a Class 2 municipal offense.
[Ord. No. 5590, 3 -26- 90]]
W Definitions. When used in this section:
La) "Alcoholic beverage" means any substance which is or contains ethyl alcohol
except those substances which are manufactured, designed, or intended primarily for a
purpose other than oral human ingestion and those substances which are manufactured,
designed, or intended solely for medicinal or hygienic purposes.
"To possess an alcoholic beverage" means that a person has or holds any
amount of an alcoholic beverage anywhere on his person, or that a person owns or has
custody of an alcoholic beverage, or that a person has an alcoholic beverage within his
immediate presence and control.
(c) "Public place within the City" means and includes public buildings and
adjacent land, parks streets alleys roads or highways sidewalks, parking lots and private
parking areas and shopping centers open to the public. "Public place within the City" shall
not include those areas of a licensed premises which are permitted under law to sell alcoholic
beverages for consumption thereon.
Q It is unlawful and a strict liability offense for any person under twenty -one (2 1) y&ars
of age to possess or consume an alcoholic beverage anywhere within the City.
2
(a) It shall be an affirmative defense to a violation of this subsection (2) where
such person was legally upon private property with the knowledge and consent of the owner
or legal possessor of such property and such person possessed or consumed an alcoholic
beverage with the consent and in the actual immediate presence of his parent or legal
guardian.
u The possession or consumption of an alcoholic beverage shall not constitute
a violation of this subsection (2) if such possession or consumption takes place for religious
purposes protected by the first amendment to the United States Constitution.
W It is unlawful for my person twenty-one (2 1) years of age or older to consume or to
possess an alcoholic beverage in an open container in any public place within the City or inside any
vehicle while upon any public place within the City.
It is unlawful for any person twenty -one (2 1) years of age or older to consume or to
possess an alcoholic beverage in an open container on any private property within the City without
the knowledge and consent of the owner or legal possessor of such property.
During any trial for a violation of any provision of this section, any bottle can, or anv
other container with labeling indicating the contents of such bottle, can or other container shall be
admissible into evidence and shall not constitute hearsay. A jury or a judge, whichever is
appropriate may consider the information upon such label in determining whether, the contents of
the bottle can or other containers were composed in whole or in part by an alcoholic beverage_A
label which identifies the contents of any bottle can or other container as "beer," "ale," "malt
beverage," "fermented malt beverage," malt beverage," "wine," "champagne," "whiskey," or
"whiskey," "gin," "vodka," "tequila," "schnapps," "brandy," "cognac." "liquor," "cordial," "alcohol,"
or "liquor" shall constitute prima facia evidence that the contents of the bottle, can, or other container
was composed in whole or in part by an alcoholic beverage.
A violation of any provision of this section shall be a Class 2 municipal offense.
SECTION 2.
This Ordinance shall become effective upon final passage and approval.
ATTEST:
City Cler
INTRODUCED Fehri,ary 26 , 1996
By Sanujc-j Corsenti no
Councilperson
APPROVED:
Pres�ent of the rty Council