Sec. 10-7-10. Open container.
(a) No person shall knowingly consume any intoxicating beverage, nor shall any person knowingly carry or have in his or her possession an open container of any intoxicating beverage in either of the following places:
(1) In a moving, standing or parked motor vehicle which is in any public place; or
(2) In any public place which has not been explicitly exempted from the applicability of this Section by resolution of the Town Council. If the exemption is requested by a person who is sponsoring an artistic, cultural, recreational or other event or festival which has been officially sanctioned or scheduled by the Town’s Commission for Community Assistance, Arts and Special Events, or which has received a grant or funding from the Town, then the exemption may be granted by written order of the Mayor. Any such resolution or order shall identify the organization and the special event for which the exemption is requested, the boundary of the public place to be exempted and the duration of the exemption. To protect the public health, safety and welfare, the Town Council or the Mayor may impose conditions of exemption, including but not limited to perimeter security, clean-up bond, general liability and/or liquor liability insurance, and an endorsement thereof identifying the Town and its officers, agents and employees as additional insureds.
(b) The provisions of this Section shall not apply to a person in possession of one (1) opened but resealed container of partially consumed vinous liquor which was lawfully removed pursuant to Section 12-47-411(3.5), C.R.S., and any agency regulations promulgated concerning the means of transportation of a partially consumed bottle of vinous liquor once it is resealed and removed from the licensed premises of an establishment holding a motel and restaurant liquor license.
(c) The provisions of this Section shall not apply to a person, of lawful drinking age, consuming or possessing an alcoholic beverage within the boundaries of the Telluride Town Park if the person is:
(1) A guest registered at any campsite located within the Telluride Town Park Campground; or
(2) A participant or spectator at scheduled adult recreational programs (not youth recreational programs); or
(3) Attending a private function scheduled with the permission of the Town of Telluride; or
(4) Attending a special event which is scheduled with the permission of the Town of Telluride and has obtained a Special Event Permit through the State of Colorado, pursuant to C.R.S. Section 12-48-101-108.
For purposes of this Section “scheduled” means an event that is either a Town operated program or occurs pursuant to a town approved reservation. No alcohol shall be allowed before 10 a.m. or after 10 p.m. regardless of the exemption contemplated in this Section except that no durational limits are applicable for guests registered at any Town Park Campsite.
For purposes of this Section and the exemption to the Open Container Law within Town Park, The Telluride Town Park shall be defined as all of that portion of the Telluride Town Park south from the south bank of the San Miguel River, excluding, however, the Town Park Skatepark, the fenced area of the Town Park Pool and within any structure in Town Park other than the Town Park Pavilion.
This exemption is only applicable to the above-referenced Open Container Law, and it shall not be a defense to any other independent violation of the Telluride Municipal Code, an Order of a Court with Competent Jurisdiction or any other provision of Colorado or Federal Law, the violation of which might result from the consumption of alcoholic beverages.
This exemption to the Open Container Law within Town Park, associated with any of the above permitted or organized uses as provided for above, may be revocable by the Town of Telluride at any time for violation of the restrictions as delineated in this Section or for conduct which is determined to be abusive or detrimental to the peaceful enjoyment of the Town Park by other users. (Prior code 9.16.040; Ord. 1288 §1, 2008; Ord. 1312, 2009; Ord. 1379, 2012)