HomeMy WebLinkAboutordinance.council.001-12 ORDINANCE NO. 1
(Series of 2012)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING CHAPTER 5.08 OF THE ASPEN MUNICIPAL
CODE, ALCOHOLIC BEVERAGES, GENERAL REGULATIONS.
WHEREAS, Title 5, of the Aspen Municipal Code sets forth the City's regulations of
Alcoholic Beverages as authorized pursuant to the State of Colorado Liquor Code, Article 47,
Title 12, C.R.S.; and
WHEREAS, Sec. 5.04.020 and Sec. 5.04.030 of the Aspen Municipal Code incorpo-
rates and adopts the terms of the State of Colorado Liquor Code, Article 47, Title 12, C.R.S.,
"relating to the definition of terms, licensing, sales, hours of sale, records, inspection, un-
lawful acts... "; and
WHEREAS, despite the adoption of the provisions of the State of Colorado Liquor
Code regarding "unlawful" acts, the Aspen Municipal Code contains certain provisions
that are inconsistent with the unlawful acts described in the State of Colorado Liquor Code.
One provision is inconsistent with current federal mandates regarding drinking age.
Another provision is inconsistent with the descriptions of ages in which individuals can
serve and sell alcohol in licensed establishments; and
WHEREAS, the Aspen Liquor Licensing Authority has requested that the munici-
pal code be amended so that regulations regarding the age in which individual can serve
and sell alcohol in a licensed facility is consistent with the statutory provisions of the State
of Colorado Liquor Court; and,
WHEREAS, the amendments to the Code are delineated as follows:
• Text being removed is delineated with strikethrough. Text being removed
leeks - like -this
• Text being added is bold and underline. Text being added looks like this.
• Text which is not highlighted is not affected; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1: The City Council hereby amends Section 5.08.010 to read as follows:
Sec. 5.08.010. Sales prohibited.
No alcoholic liquor and no fermented malt beverage shall be sold or served to
any intoxicated person or to any person under twenty -one (21) years of age. Ne
.> - -- -- -• :-. (Code 1971, § 4 -25; Ord. No. 35 -1978, §
1)
Section 2: The City Council hereby deletes Section 5.08.030 in its entirety.
Section 3: Severability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 4. Existing Litigation.
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
Section 5. Effective Date.
This ordinance shall be effective thirty days after final adoption.
Section 6. Notice
A public hearing on the ordinance was held on January 23, 2012, in the Aspen City Council
Chambers, 130 S. Galena St., Aspen, Colorado, prior to which hearing a public notice of the
same was published within the City of Aspen.
INTRODUCED, READ AND ORDERED P BD as provided by law, by the City
Council of the City of Aspen on the9 o 2.
"/ 614
Michael C. Ireland, ayor
ATT ST:
L�.� LA...it j
Kathryn Kolb, City Clerk
FINALLY, a dopted, passed and approved this a day of 2012.
Michael C. Ireland, Mayor
ATTEST: APPROVED AS TO FORM:
L✓ A L % ///
Kathryn K It City Clerk orces er, City Attorney
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