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16- AMEND ORDINANCE SPECIAL EVENTS PERMIT FOR ALCOHOIC BEVERAGESCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 04/08/11 Planning & Zoning Shawn Napier, P.E., Director of Council Date: Commission Engineering, Planning and 16. 04/ 11 / 11 Development RECOMMENDED MOTION: First reading, deliberate and possibly act on an Ordinance of the City Council of the City of Paris, Texas, amending Chapter 24 Article II Special Events of the Code of Ordinance of the City of Paris, and amending Chapter 3 Alcoholic Beverages of the Code of Ordinance of the City of Paris. POLICY ISSUE(S): Special Events Permit BACKGROUND: The City of Paris has been approached by several different groups seeking permission to sell alcoholic beverages at their special events located on City property. The most recent request was from a group wanting to sponsor a music festival on City property at Cox Field. Existing City ordinances do not allow for the sale or consumption of alcoholic beverages on public property. These proposed amendments to the City Code of Ordinances would provide new rules and regulations for the sale and consumption of alcoholic beverages at a special event located on City property. BOARD/ COMMISSION RECOMMENDATION: EXHIBITS: Ordinance ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation Z Ordinance yTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FisCni. NoTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 87 DRAFT 04/il/2011 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PAR1S, TEXAS; AMENDING CHAPTER 24 ARTICLE II SPECIAL EVENTS OF THE CODE OF ORDINANCES OF TNE CITY OF PARIS, AND AMENDING CHAPTER 3 ALCOHOLIC BEVERAGES OF THE CODE OF ORDINANCES OF THE CITY OF PARIS TO PROVIDE NEW RULES AND REGULATIONS FOR THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT AN EVENT REQUIRING A SPECIAL EVENTS PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, certain local businesses and organizations have expressed interest in amending the City's Special Event Ordinance to provide new rules and regulations to allow for the sale of alcoholic beverages at certain special events in the City; and, WHEREAS, the sponsors believe that the City will have more success at drawing larger events and festivals to Paris if sponsors are allowed to sell beer and/or wine to adults at these special events; and WHEREAS, the City Council deems it to be in the best interest of the City oF Paris and its citizens to amend the Special Events Ordinance and the Alcoholic Beverages Ordinance to permit the sale of alcoholic beverages at certain special events in order to attract larger events and festivals to the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Chapter 24, Article II, Special Events, of the Code of Ordinances of the City of Paris, Texas, be and the same is hereby amended to read in its entirety as follows: "SECTION 24 ARTICLE II. SPECIAL EVENTS "Sec.24-61. Definitions. As used in this article, the following words shall have the definitions ascribed to them by _ .1 88 this section: Adverse effects shall include destruction or damage to public or private property and negative impacts on the health or safety of the public. Closure shall mean the temporary restriction, in whole, of vehicular use of a segment of a public street. Public purpose has for its objective the promotion of the publie health, safety, inorals, general welfare, security, prosperity and contentment of all the inhabitants or residents within the city as a coinmunity and not merely as individuals. Routine traf'fic coratrol shall mean the handling of events which last no more than four (4) hours, such as parades, marches, and other such events, and use authorized law enforcement personnel who accept the responsibility for the traffic control as being within their capabilities to protect and direct all parties involved. S'peciul eivnt shall mean any temporary event which requires the closure in whole or part of a puhlic street, public park, or other public property or the closure or use of any public street in connection with thc same, including, but nol limited to, festivals, art exhibits, business fairs, special promotions, and religious. civic, sports. and political events. Use shall mean the temporary restriction, in part only, of vehicular use of a segment of a public street. "Sec. 24-62. Special events committee. (a) There is hereby created a special events committee, which shall be composed of the city manager, city attorney, city engineer, director of public works, chief of police, and fire chief. (b) The special events committee shall be responsible for reviewing and approving applications and plans from any group or person requesting the closure or use of any street or city property in connection with a special event. "Sec. 24-63. Exemptions; prohibited events. (a) Special events, t~or the purpose of this article, shall not include the following: (1) Any event which may meet the detinition of a special event, hut which takes place at a lucation other than upon a public street, public right-ot=way or public pa1-k, including, but not limited to: events held within the a.mfines of the Red Rivei• Valley Fairgrounds or the Love Civic C'enter. ur upon privately-owned parking lots; (2) Any event which may be managed by routine traffic control as defined in this article, including, but not limited to, bicycle events, marathons, walkathons, and political 2 89 gatherings. (3) A city sponsored event. (b) The following events are prohibited and shall not be issued a special events permit: (1) Any event which does not serve a public purpose as defined in this article; (2) Any event which poses a threat to the safety of the traveling public; (3) Any event which does not insure that the convenience of abutting property owners and residents is protected, and that adequate access for such persons to their property is assured; or (4) Any event which will create a problem or concern regarding public health or safety, which will likely cause the occurrence of adverse effects on surrounding properties, or which will cause substantial negative impacts to the environment, including landscape features. (c) Special events, for the purpose of this article, sha11 not include any use or activity which is elsewhere classified and regulated in this chapter, which will be a permanent use of the land, or which will involve a permanent fixture or structure. "Sec. 24-64. Consumption and possession of alcoholic beverages at special events. (a) It shall be unlawful for any person to possess or consume alcoholic beverages within any public street, sidewalk, alley, public right-of-way, public park, or public property except as may be permitted in the designated areas included in a special events permit that has been issued by the City of Paris. (b) Alcoholic beverages may be allowed in designated areas of a special event provided the appropriate application and fee has been received, processed and approved by the Special Events Committee in accordance with the guidelines established herein. In addition, the following guidelines and procedures apply to the sale, consumption, and possession of alcoholic beverages in designated areas identified in a special events permit: (1) Alcohol is allowed only during a special event that has been approved by the City of Paris. (2) Applicant must submit a special event permit application at least 60 days prior to the proposed special event that includes the following documentation: a. A map depicting the following: 1. The boundaries of the special event area; 3 90 2. Locations of fencing and type of fencing material to be approved by the special events committee; 3. Location of entrance and exit points; and 4. Location of alcohol sales. b. Proof of required licenses, pennits, and paid fees for the special event required by the Texas Atcohol Beverage Commission or other state laws. (3) Applicant inust present the request to the special events committee for consideration. (4) The sale andlor consumption of alcoholic beverages sha11 be limited to the area(s) indicated on the specia] events pennit. (5) If the event area is enclosed and gated with controlled access: a. Alcohol may be sold throughout the gated, controlled access area of special event. b. The gating and access control must be approved by the special events committee. (6) If the event is not gated with controlled access: a. Alcohol may only be sold in areas desigmated in the special events permit. b. Each designated area shall be "double-fenced" with chain link fencing, or such other material approved by the special events committee with a four- foot space between fences for security personnel and a minimum height of 48 inches for all fencing. c. The designated area shall meet all applicable health and safety codes. d. The designated area shall have no more than one public entrance. (7) Peace officers licensed in the state must be on site throughout the event's operation and outside the perimeter to provide security. The special events committee shall determine the nuinber of officers required for the event. The holder of the special event shall solely be responsible for paying all costs associated with the service ol' the peace officers. (8) Alcoholic beverages may only be sold or consumed in accordance with state law. (9) No glass containers will be allowed in special event area. 4 91 (10) The applicant wi11 be responsible for the proper disposal of all trash on any property, public or private, which was utilized by the arganizer during the special event. Proper disposal of trash shall occur no later than 24 hours following the end of the special event. "Sec. 24-65. Closure of public streets, public rights-of-way, and public parks. Any person or group desiring a permit for closure of a public street, public right-of-way or pub1ic pai•k within the City is subject to the following: (l) No speeial event shall be conducted within a city-owned park or upon or within the right- of way of any street or road designated by the State of Texas as a state highway or farm-to- market road without a permit issued under this article. (2) In the event that closure of a state highway is requested, the special events committee shall, upon approval of the application and plans, submit to the city council a contract with the State of Texas for the closure of such street. Closure of state highways is subject to final approval by the State of Texas. An additional fee will be charged for closure of a state highway or road. (3) For the closure of a public right-of=way, applicant must demonstrate that expected attendance at the event will be at least three thousand (3,000) people. (4) For the closure of a city-owned park, expected attendance shall be that amount deemed appropriate by the special events committee based upon the size of the area requested to be closed. (5) Adequate detours for the traveling public must be established, if applicable. (6) The businesses located in the area for which closure is requested must not be adversely affected by such closure, if applicable. (7) If an event is conducted during the business hours of businesses located in the affected area, the nature of the event must be reasonably consistent with that of such businesses so that those businesses will not be adversely affected by the closure. (8) 5taking in asphalt, concrete surfaces, grass areas or shrub beds is prohibited. "Sec. 24-66. Use of public rights-of-way. Any group or person desiring a permit for use, as opposed to closure, of a public right-ot= way within the City is subject to the following: 5 ~ (a) No special event shall be conducted upon or within the right-of-way of any street or road designated by the State of Texas as a state highway or farm-to-market road except upon the written approval of the State of Texas. (b) In the event that use of a state highway is requested, the special events coinmittee shall, upon approval of the application and plans, submit to the city council a contract with the State of Texas for the use of such street. Use of state highways is subject to final approval by the State of Texas. (c) Use of streets shall not be allowed if such use will interfere with the publie use of the street or sidewalk or that wi11 create a dangerous condition on the street or sidewalk. (d) Such event shall be conducted only during hours of daylight, and shall be conducted no more than two (2) consecutive twenty-four (24) hour periods each year per organization. (e) Persons conducting or taking part in an event shall, at all times during which the event is being conducted, wear orange traffic safety vests. (t) Each person or organization conducting an event upon public rights-of-way shall designate a person to be in charge of and responsible for each intersection and/or portion of public right-of-way upon which such event is to be conducted. (g) Each person or group taking part in an event upon public rights-of-way shall execute a hold harmless agreement in the form provided by the City, and an applicant for a pennit under this article may be subject to a fine and the immediate revocation of a permit if any person who has not executed a hold hannless agreement is found to be taking part in such event. (h) Signs giving adeguate notice of the nature of the event to travelers shall be posted at least one ) block prior to the location of the event and at the beginning location of the event. (i) An adequate number of orange traffic cones must be placed in the area for which use is requested in order to insure that persons standing within such area are protected from injury by moving vehicular traffic. (j) Staking in asphalt, concrete surfaces, grass areas or shrub beds is prohibited. "Sec. 24-67. Qualifications for obtaining a permit. Na permit under this article shall be issued to any person who has been convicted of the commission of a felony in a court of competent jurisdiction within three (3) years of the date of the application, to any person who has been on probation or parole as a result of a felony within one (1) year of the date of the application, or to any person who has knowingly made any false, misleading or fraudulent statement of fact in the permit application. A permit shall not be issued to 6 93 any person who has been convicted of a violation of any of the provisions of this Article, or to any person whose pennit has previously been revoked, if such conviction or revocation occurred within one (1) year of the date of the application. The provisions of this section shall, in no way, be construed as limiting the city's discretion in refusing to grant permits to persons convicted of felonies. "Sec. 24-68. Application; contents. Any group or person requesting temporary closure or use of any street for any purpose other than ordinary use and that will affect the flow of traffic sha11 file a written, sworn application with the city manager at least sixty (60) days prior to the special event. The application sha11 be accompanied by all plans and application fees reyuired hereafter and shall state thereon the following: (1) The full naine, driver's license number, social security number, and business, permanent and local addresses and telephone numbers of the person making application. (2) If a nonprotit organization, the organization's business address, telephone number and contact person, if any, and the names, addresses and telephone numbers of the officers and directors or trustees of the organization. (3) If a corporation, the applicant shall state whether such corporation is organized under the laws of the State of Texas or is a foreign corporation, and must show the mailing address, business location, telephone number, name of the individual in charge of the local office of such corporation, if any, and the names and addresses of all officers and directors or trustees of said corporation, and, if a foreign corporation, the place of ineorporation. (4) The date(s) on which the event will take place. (5) The proposed schedule of start and stop times. (6) The approximate number of people expected to attend the event. (7) A detailed description of the event. (8) If the purpose of the event is to offer goods for sale, the kind, type and character of goods. (9) A list of the equipment to be used. (10) A description of the specific area for which use or closure of streets is reguested. (11) The names, addresses and telephone numbers of all persons who will be in charge of or 7 94 manage the event, including emergency telephone numbers where such persons can be reached during the event. (12) A list of all vendors, including food vendors, and the kind, type and character of goods offered. If a complete list of all vendors cannot be provided at the time of the filing of the application, then supplemental lists must be filed periodically with the special events committee. (13) The last three (3) places where the applicant either conducted or was a part of a special event, stating the nature thereof and giving the applicant's full address in each place. (14) Whether or not the applicant or any other person who will be in charge of or manage the event has been convicted of the commission of a felony in a court of competent jurisdiction within three (3) years of the date of the application or on probation or parole as a result of a felony within one (1) year of the date of the application. (15) Whether or not the applicant or any other person associated with applicant's organization has previously been denied a permit issued under the provisions of this article. (16) A statement that applicant sha11 assume a11 costs associated with the special event. (17) Any other infonnation which the City of Paris deems necessary for the administration of this article. "Sec. 24-69. Plans required. (a) The following plans shall be fully completed and presented to the city at the time of the tiling of the application: (1) Securiry plan - is subject to fmal approval by the chief of police and shall provide for the following: a. Based upon the estimated attendance at the event, state the number of security officers planned for the event for which arrangements have already been made, if any, or alternately, state the number of off-duty police officers for which use is reguested from the Paris police department. l. The number of security officers required for an event in order to ensure adequate protection and safety for citizens and property may vary depending on the nature of the event. 2. If off-duty police officers are desired, payment for off-duty or overtime officers is due no later than ten (10) days prior to the event based on the estiinated time officers will be needed. Any overpayment will be refunded, and any underpayment 8 95 must be remedied immediately upon conclusion of the special event worked or, preferably, upon the completion of a shift worked by an ofticer. b. Designate individuals who are in charge of or who are managing the special event as contact persons in case of an emergency or if emergency circumstances arise. Einergency telephone numbers must be included. c. All persons employed by or actively participating in any special event must develop a system of identitication, such as matching shirts or uniforms, badges, ribbons, I.D. cards, etc. d. Any other requirements which the special events committee deems necessary to provide adequate protection and safety for citizens and property. (2) Fire plara - is subject to final approval by the fire chief and sha11 provide for the following: a. List all equipment to be used at the event, including tents, mechanical equipment, sanitary facilities, etc. b. Provide appropriate passage allowance for emergency vehicles and subinit detailed plans for the same. c. Meet all requirements of the 2006 International Fire Code, as amended by City Ordinance, a copy of the IFC is on file with the city clerk of the City of Paris and is available for examination by any applicant. d. Obtain all necessary permits and inspections. e. Any other requirements which the special events committee deems necessary to provide adequate protection and safety for citizens and property. (3) Traffzc plan - is subject to final approval by the city engineer, director of public works, chief of police and tire chief and shall provide for the following: a. A traffic control plan which provides for and allows appropriate passage allowance for emergency vehicle travel and an adequate detour route for the travelling public, and submit detailed plans for the same. b. Detailed traffic signing, including detour signs, and a barricade placement plan. c. Show availability, location and quantity of public parking. d. If private parking is to be used, submit written pennission from the property owner. e. AlJow adequate access for abutting property owners during closure and submit detailed 9 . . 96 plans far the same. f. Any other requirements which the special events cominittee deems necessary to provide adequate traffic control. (4) Sanitation plan - is subject to final approval by the Paris-Lamar County Health Department, City Engineer, and the Director of Public Works and shall provide for the following: a. List all food vendors who will operate at the event. This list must be complete prior to the event in order for all food vendors to be inspected. Health permits shall be required of all food vendors, the fees for such permits being in addition to the application fee, and such food vendors should be prepared to pay for such health permit prior to the event. b. A plan for disposing of food services gray water. c. Based upon the estimated attendance at the event, a detailed plan for and description of loeations for sanitary facilities. A minimum of one (1) facility per five hundred (500) people is required. d. Permits will be reguired, when applicable. e. Any other reguirements which the special events committee deems necessary to provide adequate protection of the health and safety of the citizens. (5) Clean-up plan - is subject to final approva] by the Fire Chief, the director of Engineering, Planning & Development and the director of the Paris-Lamar County health department and shall provide for the following: a. A detailed plan adequate to guarantee cleanup by the time the permit expires. b. A cash bond to guarantee clean-up of the event shall be posted at the time the permit is issued and the amount of the bond will be detennined by the special events committee and will depend on the size and nature of event. l. Minimum bond of one thousand dollars ($1,000.00). 2. Maximum bond of five thousand dollars ($5,000.00). 3. Refundable upon completion of the clean-up in a manner satisfactory to the city. c. Any other requirements which the special events committee deems necessary to insure adequate clean-up of the area. 10 97 (6) Electrical plan - is subject to tinal approval by the city engineer and shall provide for the following: a. Meet all reguirements of the 2008 National Electrical Code, a copy of which is on file with the city clerk of the City of Paris and is available for exainination by any applicant. b. Permits and inspections as required. c. Any other requirements which the special events committee deems necessary to provide adequate safety for citizens and property. (7) Layout of vendors, booths, f'acilities, etc. plan - is subject to final approval by each member of the special events committee and shall rrovide for the following: a. A detailed drawing of the site where the event will be held, indicating the approximate location of all vendors, booths, etc. b. Any other requirements which the special events committee deems necessary to provide adeyuate protection of the health and safety of the citizens. (b) lf any plan submitted is deemed inadequate by the special events committee, the applicant shall have five (5) business days to eorreet such inadequacies, provided that all corrected ar amended plans be submitted no later than twenty (20) days prior to the event. (c) A permit will not be issued if any plan required by this Section is deemed inadequate by the special events committee and such inadequacies are not remedied within the permitted time. "Sec. 24-70. Insurance required. (a) Applicants for a permit under this article shall, at the time of the filing of the application, furnish the city with a certificate of insurance for special events complying with the standards established by the city and in such amounts as required by the city, naming the city as an additional insured, and shall execute a waiver of liability in favor of the city on a form provided by the city. (b) Applicant shall provide a copy of the insurance policy or a certificate of insurance for the special event which provides a minimum of $300,000 per occurrence and $600,000 aggregate of General eommercial general liability insurance written by an insurance company licensed by the State to write insurance commercial liability policies in the State of Texas. The policy shall list the City af Paris, its elected officials, ofticers and employees as an additional insured under the commercial general liability policy and shall require 30 days prior notice to the City of Paris before said policy is ainended or terminated. 11 98 164Sec.24-71. Fee. (a) The non-refundable permit fee for a special event shall be one hundred dollars ($100.00) per event and shall accompany the application. An additional one hundred dollars ($100.00) will be charged if alcohol is to be sold at the event. In the event a contract is required with the state of Texas for a roadway closure an additional pennit fee of tifty dollars ($50.00) will be charged. (b) The fee herein provided shall be used only for the purpose of defraying expenses incident to the issuing of a permit, such as review and approval of the application and plans submitted therewith. (c) Additional expenses such as the cost for using off-duty police officers as security at the event must be paid separately from the permit fee. The estimate cost for off-duty police officers working at the event must be paid no less than ten (10) days prior to the scheduled event. Failure to pay any additional expenses to the city will result in revocation of or refusal to issue a pennit. (d) If additional penliits are required, such as electrical, fire or health permits, such permit fees wiil be in addition to the fees herein provided. "Sec. 24-72. Identification of applicant. At the time of filing an application for a pennit under this artiele, the applicant shall submit, for inspection by the city manager, written proof of his identity, which may be in the form of an automobile operator's license or an identification letter or card issued to hiin by the person for whom or through whom orders are to be solicited or cleared. "Sec. 24-73. Investigation of applicant. Upon application for a permit being made by the applicant for the use or closure of streets or public property in connection with a special event, the city manager shall deliver the application to the chief of police, who shall conduct a criminal background check, investigate and verify the applicant, his firm, or the firm he represents, and report his findings to the city manager. "Sec. 24-74. Denial of application. (a) An application may be denied when: (1) Information on the application is incomplete or insufficient. (2) An applicant, including persons listed as being in charge of or managing an event, has been convicted of a felony within the last three (3) years. (3) A false statement or lnaterial misrepresentation is made on an application for a permit, which shall be grounds for immediate denial or revocation of a permit. 12 99 (b) Factors such as proximity to residences, use of loudspeakers, use of large portions of required parking, unsafe pedestrian street crossings, awkward circulation patterns, and similar concerns may be a cause for pennit denial. (c) No special event pennit shall be approved unless safe and adequate provisions have been made for parking, loading, restrooms, trash containers, electrical connections and any other item deemed necessary by the special events committee. (d) No special event permit shall be approved if any plan required by this article is deemed inadequate by the members of the special events committee and such inadequacy is not remedied at least twenty (20) days prior to the event. "Sec. 24-75. Issuance. (a) If, upon hearing, it shall appear to the city manager that the statements contained in an application for a permit under this article are true, that all plans have been approved, that insurance has been obtained, that the correct cash bond has been posted, that proper identitication has been presented, that the applicant has conformed with all the requirements of this article, that the applicant has the right, under the constitution and the laws of this state and under the ordinances of the City of Paris, to engage in business, and that the applicant has not been convicted of a felony or a violation of similar itinerant vendors' ordinances of the cities of the state, then the city manager shall issue such permit to the applicant. (b) Every member of the committee will sign the permit showing his approval of the issuance of the same. (c) If a state maintained street or highway is involved, issuance of a permit is conditioned upon approval by the State of Texas, acting by and through the Texas Department of Transportation. "Sec.24-76. Term. (a) Any permit issued under this article shall be valid for twenty-four (24) hours, or for such longer time period as set out in the permit. Preparation for the event and clean-up after the event shall be included in this twenty-four (24) hours. (b) A maximum of four (4) events is allowed at a location during a calendar year, and a maximum of two (2) permits issued to any person or group is allowed during a calendar year. "Sec. 24-77. Permit revocation; appeal. (a) Failure to comply with any of requireinents established by this article shall constitute grounds for revocation of a permit issued in accordance with the provisions of this article. Written notice of revocation shall be given to such person by registered or certified mail. (b) Should a person have a permit revoked, he may appeal that action to the city manager, or 13 100 his desigmated representative, by submitting a letter to the city manager within ten (10) days of the revocation. A hearing shall be held within fifteen (15) days of the appeal. The city manager, or his authorized designee, shall render a decision on the appeal within one (1) day of the date of the hearing. Such hearing shall be an administrative hearing. The decision of the city manager, or his desigmated representative, shall be final. "Sec. 24-78. Other permits. (a) Temporary facilities such a tents, stages, benches, portable trailers, restrooms, electrical supply connections, food service, etc., may require separate pennits, which shall be limited to the duration of the event, and which fees are in addition to the application fee required in this article. (b) Vendors, not including food vendors, who operate at a duly permitted special event shall not be required to obtain separate permits as provided for in Article I hereof, but shall instead be deemed to be operating under the permit granted to the applicant. Such applicant shall be responsible for insuring that such vendors comply with the terms of the permit and all applicable laws, ordinances, etc. (c) Any vendor who is found to be operating at a special event who was not listed in either the application or the supplemental lists provided prior to the event shall be subject to the permit and fee requirements provided in Article I hereof. "Sec. 24-79. Compliance with applicable laws. The applicant shall agree to comply with all laws of the United States, the State of Texas and the City of Paris, and to comply with any lawful order issued by any member of the special events committee or any law enforcement, fire or EMS officer licensed by the State of Texas. "Sec. 24-80. Termination of an event in progress. The chief of police shall have the authority to tenninate any special event whenever it becomes apparent that the continuation of the special event is causing a riot, illegal activity or a major civil disturbance, or for any emergency in which the citizens of Paris could be placed in a hazardous or injurious situation should the special event be allowed to continue. Section 3. That Chapter 3, Section 3-5, Alcoholic Beverages, of the Code of Ordinances of the City of Paris, Texas, be and the same is hereby amended to read in its entirety as follows: "CHAPTER 3 ALCOHOLIC BEVERAGES "Sec. 3-5. Extended Hours; Consumption in public areas and in private clubs; 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. 14 101 (b) It shall be unlawful for any person to consume or possess with intent to consume an alcoholic beverage in a pub1ic place within the corparate limits of the city on Sunday between the hours of 2: ] 5 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 consumption of any alcoholic beverage on any public street, sidewalk, alley, public right-of-way, public park, sports complex, or t•ecreation center, within the corporate limits of the city is unlawful and is prohibited except as allowed by Special Events Permit under Article II, Chapter 24 of the Code of Ordinances. It is specifically provided, however, that this section shall not apply to consumption of alcoholic beverages 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 ot 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 4. 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 5. That the repea1 of any ordinance or part of ordinances affected by the enacrinent 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 6. 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 7. That any person violating any pravision af 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. Seetion 8. Any violation of this ordinance can be enjoined by a suit filed in the name of the City of Paris in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision provided for in this ordinance or in the City Code of Ordinances of the City of Paris, Texas. Section 9. That the City Council voted by a supennajority vote of five to suspend the rule requiring two readings before adoption of ordinances ayes and nays. 15 10 612 Section 10. That this ordinance shall become effective from and after its passage on the first reading and publication as required by law. PASSED AND ADOPTED on first and final reading by at least a two-thirds (2/3) vote of the City Council this 11 th day of April, 2011. Will Biard, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Kent McIlyax, City Attorney 16 10:i