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HomeMy WebLinkAbout07401ORDINANCE NO. 7401 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE CONCERNING THE FURNISHING OF ALCOHOLIC BEVERAGES TO PERSONS UNDER TWENTY -ONE YEARS OF AGE, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1 Section 11 -1 -207 of Article 1, Chapter 1 of Title XI of the Pueblo Municipal Code, as amended. is amended to read as follows: Sec. 11 -1 -207. Unlawful possession of an alcoholic beverage. (a) Definitions. When used in this Section (1) 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. (2) To possess an alcoholic beverage means that a person has or holds any amount of an alcoholic beverage anywhere on his or her person, that a person owns or has custody of an alcoholic beverage, or that a person has an alcoholic beverage within his or her immediate presence and control. (3) 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. (b) It is unlawful and a strict liability offense for any person under twenty -one (21) years of age to possess or consume an alcoholic beverage anywhere within the City[.] except: (1) It shall be an affirmative defense to a violation of this Subsection (b) 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 or her parent or legal guardian. (2) The possession or consumption of an alcoholic beverage shall not constitute a violation of this Subsection (b) if such possession or consumption takes place for religious purposes protected by the First Amendment to the United States Constitution. The possession of an alcoholic beverage by an employee of a premises licensed to sell alcoholic beverages for consumption on the premises shall not constitute a violation of this subsection (b) if the licensed premises serves meals and the employee is supervised by another employee on the premises who is at least twenty -one years of age. (c) It is unlawful for any person twenty -one (21) 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. (d) It is unlawful for any person twenty -one (21) 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. (e) Except as permitted under paragraph (b) of this Section, it is unlawful and a Class 1 municipal offense for any person to sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcoholic beverage to or for any person under the age of twenty -one years; provided however, that this paragraph shall not apply to any conduct which results, directly or indirectly, in death or serious bodily injury to any person. [(e)] (f) During any trial for a violation of any provision of this Section, any bottle, can or 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 container were composed in whole or in part of 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 liquor," "wine," "champagne," "whiskey" or "whisky," "gin," "vodka," "tequila," "schnapps," "brandy," "cognac," "cordial," "alcohol' or "liquor" shall constitute prima facie evidence that the contents of the bottle, can or other container were composed in whole or in part of an alcoholic beverage. [(f)] (gJ A violation of any provision of subsections (a) through (d) of this Section shall [be] constitute a Class 2 municipal offense. A violation of any provision of subsection (e) of this Section shall constitute a Class 1 municipal offense. SECTION 2 Any person found guilty of violating any provision of this Ordinance declared to be a municipal offense shall be punished as provided in Section 11 -1 -103 of the Pueblo Municipal Code. SECTION 3 This Ordinance shall become effective thirty (30) days after final passage and approval. INTRODUCED November 14, 2005 BY Michael Occhiato Councilperson APPROVED: PRES1DENT 9F CITY CPWCIL ATTESTED BY: CITY CLERK PASSED AND APPROVED November 28, 2005 . V -7401 F�!Tj� �,F��FL Lr Background Paper for Proposed ORDINANCE AGENDA ITEM # g o?' 6 DATE: NOVEMBER 14, 2005 DEPARTMENT: POLICE DEPARTMENT CHIEF JAMES W. BILLINGS, JR. TITLE AN ORDINANCE AMENDING CHAPTER 1 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE CONCERNING THE FURNISHING OF ALCOHOLIC BEVERAGES TO PERSONS UNDER TWENTY -ONE YEARS OF AGE, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF ISSUE Should the City of Pueblo amend Chapter 1 of Title XI, Section 207 regarding unlawful possession of alcohol by a minor, and making it illegal for anyone to furnish alcohol to a person under the age of twenty -one? The Police Department recommends approval of this ordinance to enhance enforcement of the underage drinking laws. This ordinance, if amended, will allow the Police Department to increase its efforts in enforcing the underage drinking laws by providing a municipal penalty for those who provide alcohol to persons under the age of twenty-one. FINANCIAL IMPACT The financial impact to the City would be the cost of incarceration of offenders, if so ordered by the court.