2015-006 - Amending Section 3-5 of Chapter 3, Alcoholic Beverages of the Code of Ordinances to allow the sale or consumption of alcoholic beverages at Lake Crook Park with the appropriate TABC permit

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(b) It shall be unlawful for any person to consume or possess with intent to consume an alcoholic beverage in a public place within the corporate limits of the city on Sunday between the hours of 2:15 a.m. and 12:00 noon and on any other day between 2:15 a.m. and 7:00 a.m. Any person violating the provisions of this paragraph shall be subject to prosecution and penalty in accordance with the provisions of the Texas Alcohol Beverage Code. (c) The sale or consumption of any alcoholic beverage on any public street, sidewalk, alley, public right of way, public park, sports complex, recreation center, or other public property within the corporate city limits of the City of Paris is prohibited. Provided, however, this section shall not apply to the sale or consumption of alcoholic beverages at the Love Civic Center, the Red River Valley Fairgrounds or Lake Crook Park (during city permitted Special Event) with appropriate TABC permit or on privately owned residential parking areas or on privately owned parking lots where a fee is charged for the privilege of parking or storing a motor vehicle. The throwing of any opened container of the type generally used for alcoholic beverages from or out of any vehicle shall be prima facie evidence that the occupants thereof were then and there drinking alcoholic beverages in violation of this section. Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 5. That it is the intention of the City Council of the City of Paris that this ordinance and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1 -6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above - enumerated sections shall constitute and be deemed a separate offense. Section 7. That this ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED this 91h day of March, 2015 Matt Frierson, Mayor 2