Chapter 9.36
ALCOHOLIC BEVERAGES
Sections:
9.36.030 Possession of open container.
9.36.040 Possession by minors in public places prohibited.
9.36.050 Sale to or purchase by minor prohibited.
9.36.060 Unlawful sales—Duty to post notice.
9.36.070 Distance restrictions eliminated.
9.36.080 Carrying liquor for illegal purposes prohibited.
9.36.010 Applicability.
This chapter shall be construed to include within its provisions intoxicating liquors of every kind and character, which are in use or may come into use as a beverage, no matter by what name they may be known or called, and no matter what other ingredients may be used in them. (Prior code § 3-1)
9.36.020 Public intoxication.
It is unlawful for any person to commit the offense of public intoxication as provided in this section. For purposes of this section a person is guilty of public intoxication if he appears in any public place manifestly under the influence of alcohol, narcotics or other drugs, not administered pursuant to medical advice, to the degree that he may endanger himself or other persons or property. (Prior code § 10-18)
9.36.030 Possession of open container.
A. The purpose of this section is to make it a misdemeanor for any person to be convicted of drinking or possessing an open or unsealed container of any fermented malt beverages or malt, vinous or spirituous liquors while on any street, alley, road, highway, sidewalk or parking lot, or inside a vehicle while upon any street, alley, road, highway or parking lot within the city, except where such drinks are ordinarily served, and to provide a penalty for conviction of the same.
B. The following words and phrases as used in this section shall have the following meanings:
“Container” includes but shall not be limited to any decanter, bottle, jar, can, thermos bottle or jug.
“Fermented malt beverages” means any beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops or any similar product or any combination thereof in water containing not less than one-half of one percent (1/2 of 1%) and not more than three and two-tenths percent (3.2%) alcohol by weight.
“Malt liquors” includes beer and means any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops or any other similar product, or any combination thereof in water containing more than three and two-tenths percent (3.2%) alcohol by weight.
“Spirituous liquors” means any alcoholic beverage obtained by distillation, mixed with water and other substances in solution, and includes among other things brandy, rum, whiskey, gin and every liquid or solid, patented or not, containing at least one-half of one percent (1/2 of 1%) alcohol and which are fit for use for beverage purposes. Any liquid or solid containing beer or wine in combination with any other liquor except as provided in this section shall not be construed to be malt or vinous liquor, but shall be construed to be spirituous liquor.
“Unsealed containers” means any container which has an altered or broken seal which was applied by the United States Government over the cap or top of the container, containing any kind or description of any fermented malt beverages or malt, vinous, or spirituous liquors.
“Vinous liquors” includes wine and fortified wines which contain no less than one-half of one percent (1/2 of 1%) and not more than twenty-one (21%) of alcohol by volume and means alcoholic beverage outlined by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar.
C. It is unlawful for any person to drink any fermented malt beverages or malt, vinous or spirituous liquors while on public streets, alleys, roads, highways, sidewalks or parking lots, or inside a vehicle while upon public streets, alleys, roads, highways or parking lots within the city, except where such drinks are ordinarily served, and upon conviction of such crime, a person shall be guilty of a misdemeanor.
D. It is unlawful for any person to possess or have under his control any open or unsealed container of any kind or description of any fermented malt beverages or malt, vinous or spirituous liquors while on any street, alley, road, highway, sidewalk or parking lot, or inside a vehicle while upon any street, alley, road, highway or parking lot within the city, except where such drinks are ordinarily served, and, upon conviction of such crime, a person shall be guilty of a misdemeanor.
E. The provisions of this subsection shall not apply to a person in possession of one (1) open, but resealed, container of partially consumed vinous liquor which was lawfully removed from the licensed premises of an establishment holding a hotel and restaurant liquor license pursuant to C.R.S. 12-47-411 (3.5) and the original container did not contain more than seven hundred fifty (750) milliliters of alcohol.
F. Violation of the provisions of this section shall be punished as provided in Section 1.16.010 of this code. (Ord. 2004-10 §§ 1, 2; Ord. 1995-17 § 15; Ord. 1989-7 §§ 1-5: prior code § 10-18.1)
9.36.040 Possession by minors in public places prohibited.
It is unlawful for any person under the age of twenty-one (21) years of age to have in his possession intoxicating liquors or beer in any public place in the city including but not limited to public streets, alleys, roads or highways, or inside vehicles while upon public streets, alleys, roads or highways. (Prior code § 3-2)
9.36.050 Sale to or purchase by minor prohibited.
A. No person shall sell, serve, give away, dispose of, exchange or deliver, or permit the sale, serving, giving or procuring of any fermented malt beverage to or for any person under the age of twenty-one (21) years.
B. No person under twenty-one (21) years of age shall obtain fermented malt beverages by misrepresentation of age, or by any other method in any place where fermented malt beverages are sold.
C. No person under twenty-one (21) years of age may have in his possession fermented malt beverages in any store, in any public place, including public streets, alleys, roads or highways, or upon property owned by the state or any subdivision thereof including this city, or inside vehicles while upon the public streets, alleys, roads or highways.
D. No parent or guardian shall knowingly, or under conditions which an average parent or guardian should have knowledge of, suffer or permit any person under twenty-one (21) years of age of whom he may be a parent or guardian to violate the provisions of subsections B or C of this section.
(Ord. 2019-1 § 2 (part): prior code § 3-3)
9.36.060 Unlawful sales—Duty to post notice.
A. It is unlawful for any person to sell malt, vinous or spirituous liquors as defined by state law to any person under the age of twenty-one (21) years or to permit any malt or vinous liquors to be sold or dispensed by a person under eighteen (18) years of age, or spirituous liquors to be sold or dispensed by a person under twenty-one (21) years of age, or to permit any such person to participate in the sale or dispensing thereof.
B. It shall be the duty of any person who is the proprietor or keeper of a place of business which sells, serves, or disposes of intoxicating liquors or beer to post conspicuously in his place of business the following sign:
Minors under the age of twenty-one (21) years not allowed here unless accompanied by parents.
Failure to so post such sign shall constitute an unlawful act. (Prior code § 3-4)
9.36.070 Distance restrictions eliminated.
The distance restrictions for locating all classes of liquor licenses from public or parochial schools or the principal campus of any college, university, or seminary imposed by CRS Section 12-47-313(1)(d) are eliminated. (Ord. 2008-8 § 1)
9.36.080 Carrying liquor for illegal purposes prohibited.
It is unlawful for any person to carry on or about his person, or for any person to engage or employ any other person to carry, in any quantity, any intoxicating liquors for the purpose of illegally selling, bartering, exchanging, giving or delivering such intoxicating liquors. (Prior code § 3-6)
9.36.090 Tastings.
A. Pursuant to House Bill 04-1021, codified at C.R.S. Section 12-47-301(10)(a), the city of Glendale hereby authorizes alcoholic beverage tastings for licensed retail liquor stores and liquor-licensed drug stores within the city of Glendale and subject to the limitations contained in House Bill 04-1021, such tastings are permitted within the city of Glendale.
B. A licensed retail liquor store or liquor-licensed drug store in the city of Glendale conducting tastings pursuant to law shall be subject to the same revocation, suspension and enforcement provisions as otherwise applied to such licensee within the city of Glendale. (Ord. 2004-9 §§ 1, 2)
9.36.100 Mingling.
A. For purposes of Colorado Liquor Regulation 47-900(B)(2) the definition of mingle shall not include the following activities in a liquor licensed premises:
1. Any activities where the employee is on a stage that is elevated more than one foot from the grade of the patrons.
2. Any activities in a designated entertainment area.
3. A designated entertainment area is an area:
a. Typically used for live entertainment.
b. Has been delineated on a premises map by the licensee and submitted to the city.
c. The designated entertainment area shall be considered approved upon submittal until the City Council approves or denies the submission. (Ord. 2013-13 § 1)