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Help & SupportChapter 5-7: Alcohol Offenses16
(a) For purposes of this code, "fermented malt beverage" has the same meaning as its meaning under the Colorado Beer Code.17
(b) For purposes of this code, "malt, vinous, and spirituous liquor" has the same meaning as its meaning under the Colorado Liquor Code.18
5-7-2 Possession and Consumption of Alcoholic Beverages in Public Prohibited.
(a) No person within the city limits shall possess an opened container of or consume any malt, vinous, or spirituous liquor or fermented malt beverage in public, except upon premises licensed for consumption of the liquor or beverage involved.
(b) For purposes of this section "opened container" means any container other than an 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, undone, or opened in any manner, it is an opened container for purposes of this section.
(c) For purposes of this section "in public" means:
(1) In or upon any public highway, street, alley, walk, parking lot, building, park, or other public property or place, whether in a vehicle or not;
(2) In or upon those portions of any private property upon which the public has an express or implied license to enter or remain; or
(3) In or upon any other private property without the express or implied permission of the owner or person in possession and control of such property or such person's agent.
(d) The following property owned or managed by the city is excluded from the coverage of this section during the hours of 8:00 a.m. to 11:00 p.m.: Coot Lake, Boulder Reservoir, Flatirons Golf Course, East Mapleton Ball Fields, and Stazio Recreation Complex, but if a special event permit for the sale of liquor or fermented malt beverages has been issued for all or a portion of such property pursuant to section 12-48-101 et seq., C.R.S., then no person shall take or consume any malt, vinous, or spirituous liquor or fermented malt beverage onto or in the area designated in such permit except in accordance with such permit if a sign has been posted giving notice of the time and location of the area so restricted.
(e) It is an affirmative defense to a charge of violating this section that the premises were licensed by the city or by the State of Colorado for the consumption of the liquor or beverage involved, and any judge shall take judicial notice of the official records of such license and dismiss forthwith any charge to which this defense applies. If such dismissal is ex parte, the judge shall notify the city attorney, who may petition the court for permission to refile the charge.
(f) It is a specific defense to a charge of violating this section that:
(1) The owner of the property involved or the owner's agent gave express permission to the accused or to members of the accused's class to perform the acts complained of;19 or
(2) Accused was transporting the liquor or beverage from one place where it could be lawfully consumed directly and without delay to another such place, and the container was at all times during the transportation capped, corked, or otherwise reclosed with a firmly affixed waterproof lid. When the liquor or beverage was being transported in a motor vehicle, this defense is only available if the container was in the trunk or was not otherwise immediately accessible to the driver or any passenger.
(g) No person shall drive or sit in the driver's seat of any motor vehicle, other than one carrying passengers for hire, in which a violation of subsection (a) of this section is occurring.
(Ordinance No. 5003 (1986))
5-7-3 Unlawful to Sell or Give to or Procure for Minors.
No person shall sell, serve, deliver, or give away any malt, vinous, spirituous liquor, or fermented malt beverage to any person then under the age of twenty-one years or purchase such liquor for such minor.
(Ordinance Nos. 5077 (1987); 5377 (1991))
5-7-4 Possession and Sale by Minors Unlawful.
(a) No person under the age of twenty-one years shall possess or have under such person's control or request that any other person purchase for such minor person or sell, serve, give away, or offer for sale any malt, vinous, or spirituous liquor or fermented malt beverage in any container of any kind, whether opened or unopened.
(b) No person under the age of twenty-one years shall possess or have under such person's control or request that any other person purchase for such minor person or sell, serve, give away, or offer for sale any malt, vinous, or spirituous liquor in any container of any kind, whether opened or unopened. It is a specific defense to a charge of violating this subsection that the acts complained of were performed by a person eighteen years of age or older in the course of such person's employment in an establishment holding a beer and wine license.
(Ordinance Nos. 5077 (1987); 5377 (1991))
5-7-5 City Manager Authority to Grant Permission to Consume Alcoholic Beverages on City-Owned Property.
(a) The city manager may grant express permission, as provided in subsection (b) of this section, to persons to consume any malt, vinous, or spirituous liquor or fermented malt beverage on city-owned property for the following special functions: athletic events, artistic events, cultural events, receptions, street closure events, or civic events.
(b) The city manager shall grant such permission to persons applying therefor if, considering the type of function and the type of alcohol to be served, the manager finds that:
(1) The time, location, route, and duration of the function are not likely significantly to interfere with public traffic, fire, or police services;
(2) The number and concentration of participants at the function are not likely to result in crowds exceeding limitations in the city fire code, chapter 10-8, "Fire Prevention Code," B.R.C. 1981, or noise prohibited by chapter 5-9, "Noise," B.R.C. 1981, or other significant inconvenience to the residents of the surrounding neighborhood;
(3) Underage persons are not likely to obtain malt, vinous, or spirituous liquors or fermented malt beverages served at the function;
(4) Precautions are proposed that are likely to secure and supervise the area and the participants during the function; and
(5) The applicant meets other reasonable requirements to implement the provisions of paragraphs (b)(1) through (b)(4) of this section.
(c) The city manager may adopt legislative and procedural rules for granting such permission, consistent with the criteria set forth in subsection (b) of this section.
5-7-6 Alcoholic Beverage Consumption in Massage Parlors Prohibited.
Repealed.
(Ordinance No. 5347 (1990))
5-7-7 Preservation of Evidence Seized for Violation of This Chapter.
(a) Any police officer who seizes any malt, vinous, or spirituous liquors or any fermented malt beverages as evidence for trial of a violation of this code shall keep such seized items in a secure place until trial according to the regulations of the chief of police.
(b) The chief of police shall destroy such evidence after the expiration of fourteen days after trial if:
(1) There was a conviction at the trial; or
(2) There was an acquittal at trial and no person has claimed the evidence in writing and produced proof of ownership.
(c) Failure to comply with the requirements of subsection (a) of this section does not constitute a ground for dismissal of charges under this code or suppression of evidence at trial.
5-7-8 Taking Fermented Malt Beverage From Premises Licensed for On-Premises Consumption Only Prohibited.
No person shall transport or remove from premises licensed for on-premises consumption only of fermented malt beverages any fermented malt beverage. This prohibition applies to premises licensed pursuant to paragraph 4-2-3(b)(9), B.R.C. 1981, or pursuant to a fermented malt beverage special event permit issued under section 12-48-101 et seq., C.R.S. This prohibition does not apply to employees or agents of the licensee acting in accordance with lawful directions of the licensee.
(Ordinance No. 5003 (1986))
5-7-9 Alcoholic Beverage on Mall on Halloween Prohibited.
(a) No person shall possess any malt, vinous, or spirituous liquor or fermented malt beverage in or upon any public highway, street, alley, walk, parking lot, the Downtown Boulder Mall or any other public property or place, or in or upon those portions of any private property upon which the public has an express or implied license to enter or remain, within the area bounded by the north curbline of Spruce Street, the east curbline of 15th Street, the south curbline of Walnut Street, and the west curbline of 10th Street between 6:00 p.m. October 31 and 6:00 a.m. November 1 of each year.
(b) The city manager may, by publishing a notice in a newspaper of general circulation within the city, extend the evenings on which this section is in effect to include one or more of the seven evenings immediately preceding and succeeding October 31, if the manager reasonably believes that large crowds of Halloween celebrants will appear on the mall on such evenings.
(c) Any peace officer is authorized to seize any malt, vinous, or spirituous liquor or fermented malt beverage possessed in violation of this section. If no summons or complaint is issued for the violation and if the circumstances reasonably permit, the officer may require the possessor to leave the prohibited area with the alcoholic beverage or to abandon the beverage to the officer for destruction, at such person's option.
(d) The defenses at subsections 5-7-2(e) and (f), B.R.C. 1981, are applicable to this section.
(Ordinance Nos. 5078 (1987); 5334 (1990))
16 Adopted by Ordinance No. 4651. Derived from Ordinance Nos. 3316, 3321, 4130, 3417, 3280, 3418.
17 12-46-103, C.R.S.
18 12-47-103, C.R.S.
19 See section 5-7-5, "City Manager Authority to Grant Permission to Consume Alcoholic Beverages on City-Owned Property," B.R.C. 1981.