6-3F-16: OPEN CONTAINERS OF ALCOHOL PROHIBITED:
A.
1. It is unlawful for any person to possess any alcoholic beverage in any open container or to consume any alcoholic beverage in any public place within the town, or in the interior of any motor vehicle while the motor vehicle is either parked on a public street, right-of-way or alley within the town or is being operated on a public street, right-of-way or alley within the town.
2. The provisions of subsection A1 of this section shall not apply to the possession of an open container or the consumption of an alcoholic beverage within the licensed premises of an establishment licensed by the town to sell such beverage for consumption upon the premises, or to the possession of an open container or the consumption of any fermented malt beverage, malt liquor or vinous liquor as defined in the Colorado Liquor Code in those public parks known as "Kingdom Park" and "Carter Park". (Ord. 19, Series 2012)
3. The provisions of subsection A1 of this section shall not apply to a person in possession of one opened but resealed container of partially consumed vinous liquor which was lawfully removed from the licensed premises of an establishment holding a liquor license pursuant to section 44-3-423, Colorado Revised Statutes. (Ord. 25, Series 2018)
4. The provisions of subsection A1 of this section shall not apply to the possession of an open container or the consumption of an alcoholic beverage within the permitted area of either a special event held by the town, or a special event sponsored by the town's destination marketing organization for which a special event permit has been issued pursuant to title 4, chapter 13 of this Code, if: a) no special event or other liquor license has been issued and is in effect for the special event; and b) the town manager or his designee approves the application of this subsection A4 to such event. When made applicable, this exception applies only during those times when the special event is approved to operate.
B. The provisions of subsection 6-3F-2F of this article shall be applicable to any trial for a violation of subsection A of this section.
C. Any peace officer is authorized to seize any alcoholic beverage which is used in the commission of a violation of subsection A of this section. If no summons or complaint is issued for a violation of this section, and if the circumstances reasonably permit, the peace officer may require the person who has committed a violation of this section to abandon the alcoholic beverage to the officer for destruction.
D. The town council hereby finds, determines and declares that the provisions of this section are no less restrictive than the provisions of section 42-4-1305, Colorado Revised Statutes. (Ord. 9, Series 2012)
E. An underage person is immune from arrest and prosecution under this subsection E if he or she establishes the following:
1. The underage person called 911 and reported in good faith that another underage person was in need of medical assistance due to alcohol consumption;
2. The underage person who called 911 provided his or her name to the 911 operator;
3. The underage person was the first person to make the 911 report; and
4. The underage person who made the 911 call remained on the scene with the underage person in need of medical assistance until assistance arrived and cooperated with medical assistance or law enforcement personnel on the scene.
The immunity described in this subsection E also extends to the underage person who was in need of medical assistance due to alcohol consumption if the conditions of said subsection E are satisfied.
Nothing in this subsection E shall be interpreted to prohibit the prosecution of a person for an offense other than this section, or to limit the ability of the town attorney, municipal prosecutor, or a law enforcement officer to obtain or use evidence obtained from a report, recording, or any other statement provided pursuant to this subsection E to investigate and prosecute an offense. (Ord. 27, Series 2016)