Commerce City, CO Public Conduct: Public Alcohol Use (2026)

Section 12-5006 of the Commerce City Revised Municipal Code makes it unlawful to possess any open container holding an alcoholic beverage on a street, sidewalk, alley, in an automobile, in a city park or recreation area, or in any other public place, unless that place is duly licensed for the sale and on-site consumption of alcohol, such as a bar or restaurant patio. The section, adopted by Ord. No. 2165 on May 7, 2018, defines "open container" as any container other than the original, sealed manufacturer's container, but it specifically excludes a resealed original vinous liquor bottle of 750 milliliters or less kept in a vehicle's trunk or rear storage area, so a corked but unopened wine bottle stored properly during transport is not a violation.

The Code builds in one narrow permit exception: a person carrying a city-issued permit may possess an open container of fermented malt beverage in a city park, or a fermented malt beverage or vinous liquor as defined at C.R.S. § 44-3-103 in a city recreation facility, covering permitted events at Parks, Recreation and Golf department facilities. Commerce City Police officers enforce the ban on patrol and at complaint-driven stops, most often around parks, the Reunion and Northern Range neighborhoods, and roadside traffic contacts where an open container is visible in the passenger compartment.

An open-container violation is also one of the sixteen listed conditions in section 12-5010 that can turn a private party into a prohibited "nuisance party" if visible to the public. Because no separate fine schedule appears in this section, the general penalty in section 1-5 applies to any conviction.