2017-032 - Amending Chapter 3, Alcoholic Beverages ... Revising Regulations Relating to the Sale and Public Consumption of Alcoholic Beverages on City-Owned PropertyORDINANCE NO.
2017 -032
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.
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(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 S. 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:
ce Ellis, City Clerk
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A NOW/A L /�
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APPROVED AS TO FORM:
Ai. Aioizo
S64nie H. Harris, City Attorney
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