TC Ord. No. 22-02 Amending Section 9.12.080(c) to Clarify that Special Event Permits Issued by the Town Authorize Consumption of Free Alcohol on Town-Owned Property4kvon
COLORADO
TOWN OF AVON, COLORADO
ORDINANCE NO.22-02
AMENDING CHAPTER 9.12.080 OF THE AVON MUNICIPAL
CODE REGARDING PUBLIC CONSUMPTION OF ALCOHOL
ON TOWN -OWNED PROPERTY
WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality and
political subdivision of the State of Colorado (the "State") organized and existing under a home
rule charter (the "Charter") pursuant to Article XX of the Constitution of the State; and
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town of Avon ("Town"), the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, public consumption of alcohol served free of charge may occasionally occur as
part of special events permitted by the Town, which type of public consumption is not currently
exempted from Code provisions generally outlawing public consumption of alcohol, sometimes
referred to as "open container" law; and
WHEREAS, the Council finds that such consumption, occurring as part of a special event
permitted by the Town on Town -owned property, should be exempted from Code provisions
generally outlawing public consumption; and
WHEREAS, authorized public consumption of alcohol on property designated by the Town
Manager or Town Council is limited to alcohol persons "bring and consume;" and
WHEREAS, the Council finds that authorized consumption should not be limited to alcohol
persons bring themselves but may also include alcohol brought and served by another, such as
might occur at a party, picnic, or other event; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting
a public hearing to provide the public an opportunity to present testimony and evidence regarding
the proposed ordinance; and that approval on first reading does not constitute a representation that
the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this
ordinance;
Ord. 22-02 Amending AMC Chapter 9.12.080 Open Container
March 8, 2022 FINAL
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WHEREAS, the Town Council conducted a public hearing on March 8, 2022, after properly
posting notice of such hearing, and considered all public comments and other information
presented prior to taking any final action to adopt this ordinance.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Amendments to Section 9.12.080(c)(3). Section 9.12.080(c)(3) is hereby amended
to read as follows with strike ut indicating language to be deleted and underline indicating
language to be adopted:
3) Pursuant to a special or private event permit issued pursuant to that fneets the r.. inif ... Y,
its of Section 9.40.040."
Section 3. Amendments to Section 9.12.080(c)(4). Section 9.12.080(c)(4) is hereby amended
to read as follows with strike VR[ indicating language to be deleted and underline indicating
language to be adopted:
4) Pursuant to a designation by the Town Council or the Town Manager to permit persons who
are at least twenty-one years of age to bring and consume malt, vinous or spiritous liquors or
fermented malt beverages on town owned properties provided that such designation specifies the
date, location and hours of such designated event."
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed alone
or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
Ord. 22-02 Amending AMC Chapter 9.12.080 Open Container
March 8, 2022 FINAL
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The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 7. Codification Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively
change any provision of the regulations adopted in this Ordinance. Such corrections may include
spelling, reference, citation, enumeration, and grammatical errors.
Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for
the purpose of sustaining any judgment, decree or order which can or may be rendered, entered,
or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring
such penalty or liability or enforcing such right, and shall be treated and held as remaining in force
for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before
any court or administrative tribunal.
Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
SIGNATURE PAGE FOLLOWS]
Ord. 22-02 Amending AMC Chapter 9.12.080 Open Container
March 8, 2022 FINAL
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INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on February 22, 2022 and setting such public hearing for March 8, 2022 Coin
Chambers of the Avon Municipal Building, located at 100 Mikaela Way, Avo 1,
BY: ATTEST:
Sarah Smith Hymes, MW Brenda Torres, Deputy Town k'°•.
ADOPTED ON SECOND AND FINAL READING on March 8, 2022
BY: ATTEST: pF
AVzxwl"6
Sarah Smith liymes, or Brenda Torres, Deputy T n 1 P,'
APPROVED AS TO FORM:
Karl J. to own Attorney
Ord. 22-02 Amending AMC Chapter 9.12.080 Open Container
March 8, 2022 FINAL
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