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19 - ALCOHOL BEVERAGE ORDINANCE REVISIONSItem 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. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 3, ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS REVISING REGULATIONS RELATING TO THE SALE AND PUBLIC CONSUMPTION OF ALCOHOLIC BEVERAGES ON CITY -OWNED PROPERTY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council for the City of Paris passed Ordinance No. 2009 -019 on May 26, 2009 relating to the sale and consumption of alcoholic beverages in the City of Paris; and WHEREAS, the City Council has amended said ordinance on several occasions; and WHEREAS, pursuant to Texas Alcoholic Beverage Code ( "the Code ") Sec. 1.06, the manufacture, sale, distribution, transportation, and possession of alcoholic beverages is governed exclusively by that Code; and WHEREAS, pursuant to Texas Alcoholic Beverage Code Sec. 109.32(c -1), a municipality may not regulate the possession of an open container or the public consumption of alcoholic beverages except in very narrow circumstances; and WHEREAS, the City wishes to facilitate City- sanctioned events in the downtown area and where appropriate in City -owned parks and on other City -owned property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Section 3 -5, "Consumption on public property, on private property commonly used by the public and in private clubs; closing hours," of Chapter 3, "Alcoholic Beverages," of the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby renamed and amended to read in its entirety as follows: "Sec. 3 -5. Consumption and sale on City -owned property; closing hours. (a) As permitted in section 105.06 of the Texas Alcoholic Beverage Code, extended hours are hereby established within the corporate limits of the City. (b) The sale and consumption of any alcoholic beverage in any City -owned park, sports complex, recreational center, or other City -owned property within the corporate limits of the City is unlawful and is prohibited. —1— (c) It is a defense to prosecution under this section that the sale or consumption of alcoholic beverages takes place at the Red River Valley Fairgrounds, Market Square, the Plaza, or Lake Crook Park (during City permitted special events) or at the Love Civic Center provided that no sale of alcoholic beverages will be permitted unless through an appropriate TABC permit." 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 of and publication as required by law. PASSED AND ADOPTED this 14th day of August, 2017. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney -2- Steven J. Clifford, M.D., Mayor