19 - ALCOHOL BEVERAGE ORDINANCE REVISIONS

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Item No. 19 memorandum TO: City Council John Godwin, City Manager FROM: Stephanie H. Harris, City Attorney SUBJECT: Revisions to Alcoholic Beverage Ordinance to conform to state law and to allow sale and consumption of alcoholic beverages at Love Civic Center and at Lake Crook, Red River Valley Fair Grounds, Market Square and the Plaza by city permit. DATE: August 8, 2017 BACKGROUND: Chapter 3 of the Code of Ordinances regulates certain aspects of the sale and consumption of alcoholic beverages in the City. Sec. 3 -5 prohibits sale and consumption of alcohol in the city in public places. Pursuant to the Texas Alcoholic Beverage Code, a municipality may regulate public consumption only in very limited circumstances. At the same time, it is the opinion of numerous city attorneys I have spoken to that a city may still regulate public consumption on City -owned property (exclusive of streets and sidewalks). The contemplated amendments to Sec. 3 -5 remove a general offense of "public consumption" while prohibiting the sale and consumption of alcoholic beverages at City -owned parks and sports complexes. You may recall that in 2015, Council amended Sec. 3 -5 to allow for the sale and consumption of alcoholic beverages at the Love Civic Center, Lake Crook and the Red River Valley Fair Grounds with a city- issued permit and an appropriate TABC permit. The proposed amendments will extend that provision to the Plaza and Market Square. There is some slight rewording to indicate that events at the Love Civic Center do not require a City permit (although alcohol sales will still require a TABC permit under state law) since the City has not historically issued permits for that location. STATUS OF ISSUE: Because City regulation of public consumption is preempted by state law, the current ordinance is unenforceable in its current form. The proposed amendments will allow the City to enforce the ordinance on City -owned property. BUDGET: This amendment is budget neutral. RECOMMENDATION: Adopt ordinance amending Chapter 3, "Alcoholic Beverages," of the Code of Ordinances.