As used in this chapter, the following words and phrases shall have the following meanings:

(A) Alcoholic beverages means any fermented malt beverage, beer as defined in section 5-32-030, B.M.C., or any malt, vinous, or spirituous liquors as defined by section 5-28-030, B.M.C.

(B) Container means any enclosing structure or vessel including but not limited to a decanter, flask, bottle, jar, thermos bottle, cup, can, or jug.

(C) Open container means any container that is open and would allow consumption by virtue of the seal being broken or any covering device utilized by the manufacturer as an original sealing device of the container being removed.

(D) Public place means any street, parking lot, city park, or sidewalk adjoining a city park; any private property open to or used by the general public for travel or parking; or any place used by persons other than the owner or owner's agent without a special permit.

(E) Seal means the regular and original seal applied by the United States Government over the cap of all beer, malt, vinous, or spirituous liquors.

(F) Vehicle means any vehicle as defined in the Model Traffic Code as adopted by section 10-04-050, B.M.C. (Ord. 357 §1, 1979; Ord. 1013 §1, 1993)

(A) It shall be unlawful for any person to drink, possess, or have under his or her control any alcoholic beverage in an open container or in a container, the seal of which is broken, in any of the above designated public places within the city, or in any vehicle hereon, with the exception contained in subsection (C).

(B) It shall be unlawful for any person, while operating a vehicle in any public place within the city, to drink, possess, have under his or her control, or allow any alcoholic beverage within the vehicle, in an open container or in a container the seal of which is broken, with the exception contained in subsection (C).

(C) Nothing in this section shall prohibit drinking or having open containers of alcoholic beverages:

(1) By owners or agents of owners of private property on said property.

(2) Pursuant to a permit issued by the department of parks and recreation pursuant to alcoholic beverage permit procedures promulgated by the city manager and approved by the city council.

(3) In other public places pursuant to a permit issued by the city manager or his or her designee pursuant to alcoholic beverage permit procedures promulgated by the city manager and approved by the city council. (Ord. 357 §1, 1979)

(A) These standards have been promulgated by the city manager and approved by city council and are to be used by the city manager or department of parks and recreation in determining whether or not a permit shall be issued pursuant to section 9-80-020, B.M.C.

(B) A permit shall be issued only to:

(1) An individual; or

(2) An officer or agent authorized to apply for such a permit on behalf of a legal entity organized under or recognized by the laws of the State of Colorado.

(C) The person applying for such permit for himself or herself or on behalf of such entity must be at least twenty-one years of age.

(D) A permit may be issued for social, fraternal, patriotic, political, athletic, religious, or charitable events.

(E) Denial of permit.

(1) Issuance of such permit may be denied upon the grounds that such issuance would be detrimental to the public safety, health, morals, order, or welfare by reason of the nature of the event, the likelihood, in the reasonable judgment of the officer of the city responsible for review and issuance of the permit, that the event would create a public nuisance or result in the consumption of alcoholic beverages by minors, its location within the community, or the failure of the applicant or permit holder in a past event, for which a permit was required, to conduct such event in compliance with applicable laws and regulations.

(2) Issuance of such permit may be denied if another event has previously been scheduled for that location on the same day for which the permit is sought or if issuance of the permit would unreasonably interfere with normal activities and customary and general use and enjoyment of the location.

(3) Preference shall be given to residents of the City of Broomfield and to commercial and industrial enterprises located within the corporate limits of the City of Broomfield for use of public areas under the control of the city.

(F) Permit fees are:

(1) Block parties and similar events: no charge.

(2) Use of public areas not owned or controlled by the City of Broomfield: no charge.

(3) Use of parks or public areas owned or controlled by the City of Broomfield:

a. No charge for groups under twenty-five persons;

b. The sum of $15.00 for groups between twenty-five and fifty persons;

c. The sum of $25.00 for groups between fifty and one hundred persons; and

d. The sum of $50.00 for groups of over one hundred persons.

(G) The city manager or director of parks and recreation may require any applicant to post a performance bond or letter of credit acceptable to the city attorney to assure compliance with the ordinance. Any costs to the city of cleaning or policing may be withheld from the performance bond.

(H) Each permit shall be issued for a specific location and is not valid for any other location.

(I) Permits shall be valid for one day only.

(J) Permits are valid for the individual or entity to which issued and shall not be transferred.

(K) No permit may allow the consumption of alcoholic beverages before 10:00 a.m. nor after 11:00 p.m.

(L) No issuance of a permit shall have the effect of requiring the city manager or the director of parks and recreation to issue such a permit upon any subsequent application.

(M) Sandwiches or other food snacks shall be available at the location at some time during the consumption of alcoholic beverages.

(N) There shall be no consumption of alcoholic beverages within 500 feet of any school or school yard during school hours, and where the permit is for use in a park, within fifty feet of any public street.

(O) Application for the permit shall be made to the city manager or his or her designee for the use of streets and to the director of parks and recreation for the use of parks.

(P) Application for the permit shall be made not less than ten days prior to the date of the event.

(Q) Applications shall be made and permits granted on forms provided by the city.

(R) Both the applicant and the permit holder shall be personally responsible for any cleaning, trash disposal, or repairs necessary as a result of the event for which the permit is granted.

(S) The permit must be in the possession of the permit holder or applicant at and during the event, and must be produced upon request of a peace officer.

(T) All ordinances, rules, and regulations of the city remain in full force and effect. (Ord. 361 §1, 1979)