4800 West 92nd Avenue Westminster, CO 80031

City Government

 

9. Alcoholic Beverages

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9/12 

CHAPTER 9

ALCOHOLIC BEVERAGES

6-9-1:  DEFINITIONS
6-9-2:  AGE RESTRICTIONS
6-9-3:  OPEN CONTAINERS OF ALCOHOLIC BEVERAGES
6-9-4:  CONDUCT PROHIBITED IN LIQUOR AND BEER ESTABLISHMENTS

6-9-1:  DEFINITIONS:  (1224 2001 3325)  The following words, terms and phrases, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise: 

“Alcoholic Beverages” shall mean any fermented malt beverage (3.2% alcohol by weight, or less), malt vinous or spirituous liquors (3.2% alcohol by weight, or more), as defined by State law. 

“Container” shall mean any enclosing structure or vessel, including, but not limited to, a decanter, flask, bottle, jar, thermos bottle, cup, can or jug. 

"Lewd or Indecent Displays" shall mean scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the activities described below or the performance of an act of or an act that simulates:

 

(a)        Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts that are prohibited by law;

(b)        The touching, caressing or fondling of the breast, buttocks, anus or genitals;

(c)        The displaying of the pubic hair, anus, vulva, or genitals; or

(d)        The displaying of the post-pubertal human female breast below a point immediately above the top of the areola or the displaying of the post-pubertal human female breast where the nipple only, or the nipple and areola only, are covered.

"Licensee" shall mean any person duly licensed by State and local licensing authorities to sell alcoholic beverages within the City, or any agent, servant or employee of such licensee.

“Motor Vehicle” shall mean a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated exclusively on a rail or rails. 

"Nudity" shall mean uncovered, or less than opaquely covered, post-pubertal human genitals, pubic areas, the post-pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state.  For purposes of this definition, a female breast is considered uncovered if the nipple only, or the nipple and areola only, are covered.

“Open Alcoholic Beverage Container” shall mean any container containing any amount of alcoholic beverage that is open and would allow consumption or the contents of which are partially removed, or a container of which the seal has been broken, except for a container resealed pursuant to Section 5-14-16, W.M.C. 

“Passenger Area” shall mean the area designed to seat the driver and passengers while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in his or her seating position, including, but not limited to, the glove compartment. 

"Premises" shall mean all or any part of the physical boundries of any establishment duly licensed for the sale of alcoholic beverages in the City.  The term "premises" shall included not only the building wherein the business is conducted, but also the parking lot adjacent thereto.

“Public Place” shall mean any street, alley, road, highway, parking lot, public or community building, public park or sidewalk adjoining a public park; any private property open to the general public, or any place used by persons other than the owner, or owner's agent, without a special permit. 

“Seal” shall mean the regular and original seal applied by the United States government over the cap of a beer, malt, vinous or spirituous liquor.

6-9-2:  AGE RESTRICTIONS:  (1224 1736 2001)

(A) PROVIDING TO MINORS:  It shall be unlawful for any person to sell, serve, give away, dispose of, exchange, deliver or permit the sale, serving, giving or procuring of any alcoholic beverages to or for any person under the age of twenty-one (21) years. 

(B) MINORS OBTAINING:  It shall be unlawful for any person under twenty-one (21) years of age to obtain or attempt to obtain alcoholic beverages by misrepresentation of age or by any other method in any place where alcoholic beverages are sold. 

(C) MINORS IN POSSESSION:  It shall be unlawful for any person under twenty-one (21) years of age to have in his possession alcoholic beverages in any store, or in any public place, or inside of vehicles in any public place. 

(D) PARENT'S RESPONSIBILITY:  It shall be unlawful for any parent or guardian, knowingly or under conditions a reasonable parent or guardian should have knowledge of, to suffer or permit any minor of whom he or she may be a parent or guardian, to violate the provisions of this Chapter. 

(E) A violation of this Section is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C.

6-9-3:  OPEN CONTAINERS OF ALCOHOLIC BEVERAGES:  (1224 2001 3174 3325)

(A) It shall be unlawful for any person to drink, possess or have under his control, any alcoholic beverage in an open alcoholic beverage container in any public place within the City’s jurisdiction. 

(B) MOTOR VEHICLES:

(1) Except as otherwise permitted in paragraph (2) of this subsection (B), a person while in the passenger area of a motor vehicle that is on a public highway within the City’s jurisdiction or the right-of-way of a public highway within the City’s jurisdiction may not knowingly:

(a) Drink an alcoholic beverage; or
(b) Have in his or her possession an open alcoholic beverage container.

(2) The provisions of this subsection (B) shall not apply to:

(a) Passengers, other than the driver or a front seat passenger, located in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation;
(b) The possession by a passenger, other than the driver or a front seat passenger, of an open alcoholic beverage container in the living quarters of a house coach, house trailer, motor home, as defined in Section 42-1-102(57), C.R.S., or trailer coach, as defined in Section 42-1-102(106)(a), C.R.S.;
(c) The possession of an open alcoholic beverage container in the area behind the last upright seat of a motor vehicle that is not equipped with a trunk; or
(d) The possession of an open alcoholic beverage container in an area not normally occupied by the driver or a passenger in a motor vehicle that is not equipped with a trunk.

(C) Nothing in this Section shall prohibit drinking or having open containers of alcoholic beverages:

(1) In public areas where authorized by a properly issued special event permit.

(2) Pursuant to a permit issued by the Department of Parks, Recreation and Libraries.

(3) On private property authorized by the owner of such property or the guests of such owner.

(D) Except as otherwise permitted in paragraph (2) of subsection (B), above, drinking alcoholic beverages in any motor vehicle is hereby prohibited.

(E) A violation of this Section is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C. 

6-9-4:  CONDUCT PROHIBITED IN LIQUOR AND BEER ESTABLISHMENTS: (1224 2001 2812 3325 3646)

(A) PROHIBITED ACTS:  (3325)

(1) Permitting.  It shall be unlawful for any licensee to permit any disturbance, unlawful or disorderly act or conduct to be committed by any person or group of persons upon any premises.

(2) Encouraging, Participating In.  It shall be unlawful for a licensee, in any manner, to encourage or participate in any disturbance, unlawful or disorderly act or conduct upon premises; provided, however, that such licensee may use such lawful means as may be proper to protect his person or property from damage or injury.

(3) It shall be unlawful for any licensee to permit, within or upon the licensed premises, any of the following:

(a) The loitering of habitual drunkards or intoxicated persons;
(b) Lewd or indecent displays;
(c) Profanity, rowdiness or undue noise; or
(d) Any disturbance or activity offensive to the senses of the average citizen, or to the residents of the neighborhood in which the premises are located.

(4) It shall be unlawful for any licensee to permit the consumption of alcoholic beverages on the licensed premises at any time when the sale of such beverages is prohibited by law.

(5) It shall be unlawful for any licensee, manager or agent to employ or permit upon any premises any employee, waiter, waitress, entertainer, host or hostess to mingle with patrons and personally beg, procure or solicit the purchase or sale of drinks or beverages for the use or consumption by the one begging, procuring or soliciting, or for the use or consumption by any other employee, waiter, waitress, entertainer, host or hostess.

(6) It shall be unlawful for any licensee, manager or agent to permit anyone to loiter in or about any premises for the purpose of begging or soliciting any patron, customer or visitor in such premises to purchase any drinks or beverages of any nature whatsoever for the one soliciting or begging.

(7) It shall be unlawful for any licensee to permit any person or persons to appear in any state of nudity within or upon the premises.

(8) It shall be unlawful for any licensee to permit the showing of film, still pictures, electronic reproduction or other visual reproductions on the premises depicting any lewd or indecent displays or persons in any state of nudity.

(9) It shall be unlawful for any licensee, manager or agent to sell, serve, give away, dispose of, exchange, or deliver, or permit the sale, serving, giving, or procuring of, any alcoholic beverage to a visibly intoxicated person or to a known habitual drunkard.

(10) It shall be unlawful for any licensee, manager, or agent to have in possession or upon the licensed premises any alcoholic beverage, the sale of which is not permitted by said license. 

(C) REQUIREMENTS AND REGULATIONS:  It shall be unlawful for any licensee to fail to comply with the following requirements and regulations: 

(1) Reports.  Any licensee and its employees shall immediately report to the Police Department of the City any unlawful or disorderly act, conduct or disturbance committed on the premises.  Failure to comply with the requirements of this Section may be considered by the Licensing Authority in any action relating to revocation, suspension or non-renewal of a license.  Repeated failure to comply with the requirements of this Section shall constitute prima facie grounds for the suspension, revocation or non-renewal of a license.

(2) Warning Signs to be Displayed.  Each licensee shall post, and keep at all times visible to the public in a conspicuous place on the premises, a sign to be provided by the City Clerk's office, which shall be in the following form:

"WARNING:  City of Westminster Police must be notified of all disturbances in this establishment and on the grounds and parking lot that are a part of this establishment."

(3) Each licensee shall display at all times in a prominent place a printed card with a minimum height of fourteen inches (14”) and a width of eleven inches (11”) with each letter to be a minimum of one-half inch (1/2”) in height, which shall read as follows:

WARNING

 IT IS ILLEGAL TO SELL LIQUOR, WINE, OR BEER TO ANY PERSON UNDER TWENTY-ONE (21) YEARS OF AGE AND IT IS ILLEGAL FOR ANY PERSON UNDER TWENTY-ONE (21) YEARS OF AGE TO POSSESS OR TO ATTEMPT TO PURCHASE THE SAME.
 IDENTIFICATION CARDS THAT APPEAR TO BE FRAUDULENT WHEN PRESENTED BY PURCHASERS MAY BE CONFISCATED BY THE ESTABLISHMENT AND TURNED OVER TO A LAW ENFORCEMENT AGENCY.
 IT IS ILLEGAL IF YOU ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER FOR YOU TO PURCHASE LIQUOR, WINE, OR BEER FOR A PERSON UNDER TWENTY-ONE (21) YEARS OF AGE.
 FINES AND IMPRISONMENT MAY BE IMPOSED BY THE COURTS FOR VIOLATION OF THESE PROVISIONS.

(D) ABSENCE OF LICENSEE NOT A DEFENSE:  It shall not be a defense to a prosecution under this Section that the licensee was not personally present on the premises at the time such unlawful or disorderly act, conduct or disturbance was permitted, encouraged or participated in; provided, however, that an agent, servant or employee of the licensee shall not be responsible hereunder when absent from the premises and not on duty. 

(E) A violation of this Section is a criminal offense, punishable by a fine or imprisonment or both, as provided in Section 1-8-1, W.M.C. 

(F) It shall be unlawful for any person to sell, serve, give away, or deliver any fermented malt beverage, or malt, vinous or spirituous liquor to any person under the age of twenty-one (21) in any establishment licensed under the Colorado Beer Code or the Colorado Liquor Code.  Any person convicted of such act shall, in addition to the penalties provided in Section 1-8-1, W.M.C., be sentenced to a minimum of eight (8) hours of community service.  The Municipal Court Judge shall have discretion to suspend the minimum sentence of eight (8) hours of community service.

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